General Terms and Conditions (T&Cs) for BROOKS SPORTS GmbH

1. Validity

    
Our deliveries, work and quotations are subject solely to these general terms and conditions. These are a component of all contracts that we conclude with our customers regarding all the goods that we sell.

 
2. Minimum order / Shipping / Shipping costs


a. Minimum order There is no minimum order within the country. Please remember, however, that shipping costs are invoiced on each order. Orders are in principle only delivered when all previous deliveries have already been paid.  
  b. Shipping
How do we deliver? Shipping is done exclusively by DHL! Shipments to post office boxes and general delivery are not possible.
 
  c. Delivery time
The normal delivery time is 2-3 workdays after receipt of order. Orders that reach us between Monday and Thursday can reach you as early as the next day, as long as the goods are available.
In principle there are no deliveries on Sundays, holidays, Christmas and New Year's Day. We will inform you immediately of any delivery delays. For this reason it would be useful if you provided us with your email address.
 
  d. Shipping costs
Postage and packaging costs are € 6,00 (Ireland) or 4,00 £ (UK) on every order. We ship additional deliveries without shipping charges. C.O.D. deliveries incur an additional fee of € 3.95.
 
  e. Delivery proviso
We are not obliged to deliver an order if the goods are not available. We will inform you of this as rapidly as possible and refund any payments you may already have made immediately. If desired we can deliver a product of equal price and quality. With regard to special sales we can only deliver as long as the supply lasts.
 
  f. Transfer of risk
The risk of accidental destruction and accidental worsening in quality of the goods – including upon purchase for shipping - only transfers to you upon the delivery of the purchased goods.
 
  g. Liability
In case of defects in the delivered goods the Buyer has the legally applicable rights. However, claims of the Buyer for damages are subject to the special conditions of Number 2.
 
  h. If you ascertain that your ordered goods are incomplete or are not consistent with what you ordered, please contact our shipping team immediately (telephone: 0251/13 530-0, by fax: 0251/13 530 289 or by email: info@brooksrunning.de). Claims for damages by the Buyer due to obvious material defects in the delivered goods are ruled out if he fails to inform us of said defects within two weeks after delivery of the goods.  
  i. Online package tracking
You have ordered something from us and would like to know where your package is? We will email you a package number as soon as your order leaves our premises. With this number you can quickly and easily determine the status of your package.
 
  j. Changes in delivery and shipping conditions We specifically reserve the right to regularly revise our delivery and shipping conditions. We will inform you in a suitable manner of such new conditions, which will be considered to be applicable within one month insofar as you do not voice an objection to them.  
  k. Shipping within the European Union  
    1. Choice of legal domicile
German law applies to these terms and conditions. The domestic delivery and shipping terms shall apply insofar as nothing to the contrary is specified below.
 
    2. Orders
Outside of Germany we only accept written orders sent by internet.
 
    3. How can you pay?  
      a. By credit card (MasterCard and Visa).  
      b. In advance. As soon as we receive the payment, we will fulfil your order. Please find the shipping costs on the below postage table or ask about them at our Customer Service department.  
    4. Postage table

Country                             Shipping fees
Germany                               € 4,95

Germany (C.O.D.)                € 8,90

Spain                                    € 6,00

Italy                                      € 6,00

France                                  € 6,00

Great Britain                         £ 4,00

Ireland                                  € 6,00

Austria                                  € 4,95

 
    5. Value added tax
Long distance purchases are in principle subject to the VAT of the shipping location. However, if the shipper exceeds certain delivery thresholds, the VAT is payable at the location where the Buyer is located (destination country principle). This applies if the Buyer is a private person.
 
    6. Brooks Sports is over the delivery threshold in the countries listed below and therefore invoices the normal national value added tax. On deliveries to other EU states the legal value added tax of Germany of 19% - or reduced to 7% - shall be charged.

Country                                               general VAT rate                     reduced VAT rate
-                                                                          -                                                             -

UK                                                                  20%

 
   

7.

 

Returns
Please contact our Customer Service. Please return goods as a package.

 

 
3. Prices

a.

 

All prices are inclusive of the applicable German value added tax. Please note that we do not assume liability for printing or transmission errors in the specification of prices. Please check your invoice.

 

 
4. Ownership rights

a.

 

Ownership rights
The goods remain our property until they are fully paid for.

 

 
5. Payment

a. How do you pay within the country?  
  1. By credit card (MasterCard and Visa).  
  2. Paypal. As soon as we receive the payment, we will fulfil your order.  
  3. In advance. As soon as we receive the payment, we will fulfil your order.  
  4.

By C.O.D. Pay for your order directly to the postman. Only possible in Germany.
Brooks Sports reserves the right to make certain forms of payment contingent upon a solvency check or a maximum order quantity.

Account number
Bank details:
Deutsche Bank London
Acct. no. 27782600
Bank code 231048 (SortCode)

 
6. Invoices
 

Please save your invoices! They are important as proof of purchase in case of complaints or, in case of theft, for the insurance company. Should you lose the documents associated with your orders, please contact our Customer Service department. We will be pleased to send you a copy of the data on your order.

 

 
7. Return instructions

a.

Return rights (revocation rights)
You can revoke your order statement within 14 days without specification of reasons in text form (e.g. letter, fax, email) or – if you receive the goods before that deadline – by returning the goods, or return the received goods by sending them back. The period begins after receipt of these instructions in text form (e.g. letter, fax, email), but not before receipt of the goods by the recipient (in case of the repeated delivery of similar goods, not before receipt of the first incremental delivery) nor before fulfilment of our information obligations as per Article 246 § 2 in connection with § 1 Par. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations as per § 312e Par. 1 Sentence 1 BGB in connection with Article 246 § 3 EGBGB. It is not prejudicial for you whether you declare revocation or return the goods. The deadline is adhered to with the timely sending of the revocation or the request for return or return of the goods.

Returns must be sent to:

EMO LOG GmbH Niederlassung Münster
c/o Brooks Sports GmbH
Kevin Tiemann
Kesslerweg 10
48155 Münster
Germany
Per Fax: 0251/13 530-289
Per E-Mail: info@brooksrunning.de

 
b. Return shipment at our expense
In any case return shipment takes place at our expense and risk. Please use our return slip and the return sticker for returning goods within Germany and for insurance reasons please send the goods back as a package. Please specify on the return slip whether you wish to receive alternative or replacement articles and if so, which ones. We will send you a new invoice for the replacement goods.
 
c. Consequences of returns (revocation consequences)
In case of an effective revocation or an effective return of goods, restitution must be made on both sides and, if applicable, use (such as consumption advantages or interest) must be compensated. We will send you a new invoice for the replacement goods. In case of the worsening of the quality of the goods, restitution may be demanded. With regard to the delivery of goods this does not apply if the worsening of the quality of the goods can only be traced back to their testing – such as may, for example, have been possible during business in a shop. For the rest, you can avoid the obligation of compensating value for the use according to purpose of the goods resulting in their worsening in quality by refraining from using the goods as your property and refraining from any action that might compromise their value. Obligations to refund payments must be fulfilled within 30 days. The period commences for you when you send your revocation statement or your request that the goods be taken back or our receipt of the goods.
 
d.

Exclusion of return rights (revocation rights)
Return or revocation rights do not exist with respect to contracts for the delivery of goods that are considered underwear with the exception of bras, or goods that are manufactured according to your specifications or that on the basis of their characteristics are not suited for return or that can spoil rapidly, or the use-by date of which has been exceeded.

 

 
8. Guarantee

a. Scope of guarantee
With this guarantee Brooks Sports guarantees that all products, with the exception of consumer goods such as body care articles or foods, have certain qualities and shelf life that are necessary for their use. This guarantee statement is a voluntary service of Brooks Sports vis-à-vis its end customers. The guarantee time is 12 months commencing on the delivery of the goods. This guarantee is product-related and can be taken recourse to within the guarantee period by every person that has purchased the product from Brooks Sports.
 
b. Commencement of guarantee
You can report an instance of guarantee in writing to Brooks Sports GmbH, Martin-Luther-King-Weg 28, 48155 Münster or by email to info@brooksrunning.de and send back the defective or damaged product. However, return shipment is also sufficient. Please use the return slip within Germany, describe the defect briefly and mark this with a piece of tape or the like. Please inform us whether you wish to receive a coupon/reimbursement or a replacement article. The guarantee recourse notice must be sent or the product sent back, within 14 days of recognition of the defect.
 
c.

Exceptions to the guarantee
The following are excluded from the guarantee:

* Abuse and use not according to purpose of the product, incorrect installation or making changes in the product on your own
* Damage due to lightning, water, fire, force majeure, war, incorrect voltage, insufficient ventilation or other reasons not the responsibility of Brooks Sports

 

 
9. Disposal

 

We adhere to the requirements on taking back and disposing of packaging materials according to the packaging ordinance. After use you can simply bring our packages via the 'Recycling Container' or via used paper collection for recycling.

 

 
10. Data protection/security
  Reference to Data Protection, February 2011
We are pleased that you are visiting our website and are interested in our products and services! Because we sell our products and services both via the internet and otherwise and a clear division is not always possible, you will find comprehensive data protection instructions here. You can also directly contact our contact person with regard to data protection at info@brooksrunning.de.
 
a. Responsible party
Brooks Sports GmbH (hereinafter referred to in the text as Brooks Sports) with registered office on Martin-Luther-King-Weg 28 in 48155 Münster is the responsible party for compliance with data protection upon visits to the website www.movingcomfort.eu and for the services and products offered.
 
b. What are our principles?
We take data protection matters very seriously. Our processes focus on such data protection principles as transparency, necessity and data security. We wish to create transparency so that you gain a picture of what data we process and for what purposes. We only use the data necessary for a certain service in order to guarantee thriftiness with regard to data. For this reason we exert efforts to specify in each instance whether we use information of necessity or on a voluntary basis on your part.
 
c. If relevant, we utilise service providers in the context of so-called contract data processing (data are given to a third party for external processing and use). In this case we guarantee that the legal guidelines on data protection are adhered to, particularly the requirements concerning a careful choice of service provider and monitoring. Insofar as there is no legal principle that allows us data processing, we will request your permission. In most cases, however, there is indeed a relevant legal principle in which your data protection rights are guaranteed through a weighing of interests.  
d. Data protection is a topic that is constantly changing. We do everything possible to translate the latest developments or changes in jurisprudence or in the technical realm. We would be pleased to accept hints or suggestions from you as well.  
e. We revise our data protection instructions from time to time, particularly if processes change fundamentally for us. Current status can be recognised on the basis of dates.  
f.

What are person-related data?
Person-related data include e.g. your name, your photo, your IP address (dynamic or static) as well as the contents of your email or all information on your order. Sensitive information includes your bank details or health information.

 
g. What data do we store, and for what purpose?
We use your person-related data only for specific purposes. The purpose of data processing can be to fulfil your orders, to answer your questions or to improve our provision of service and adapt it to your needs. We strive to make the purpose of data processing transparent to you with regard to each individual service. We take your address and order data for the fulfilment of your order.
 
h. Please also note our separate reference to solvency checks!  
i. We use your email address – without your specific authorisation – only for communication related to your order, in order to contact you quickly.  
j. The statement of your birth date is basically a voluntary statement related to a birthday gift in the context of special promotions; sometimes, however, it is also a necessary identification characteristic, for example for a solvency check.  
k. We store your chosen method of payment so that you do not have to enter this again when you place further orders. We also store your bank account number insofar as you use bank transfers. If you choose payment with a credit card, we do not store any credit card data, because the transaction takes place via our provider. Of course your CVC-Code (security code) is not stored by our provider, nor can it be read off.  
l. The data collection on telephone, written and internet orders is generally the same.  
m. When are data deleted?
We delete data insofar as you ask us to do so. In this context, however, storage obligations, e.g. legal storage requirements as per § 14b of the sales tax law must be adhered to. In this case, however, we screen your data in terms of use, for example use for advertising. We also screen your data in terms of marketing purposes if you have not placed any orders for a certain period of time.
 
n. What about advertising?
If your address is stored by us on the basis of an order, you will receive our handbooks, invitations and brochures by post. If you no longer wish to receive these, please let us know, by email to info@brooksrunning.de.
 
o. Your sales data will be compiled as a customer profile and evaluated so that we can offer you even better advice if you wish to receive it. Additionally we invite you to events or send you information on products in which you might be interested.  
p. We neither carry out telephone customer satisfaction questionnaires nor use your telephone number for advertising purposes. If you order our MovingComfort Newsletter, you will receive information on one-time special offers, new items, tips and tricks of the scene, contests, news and events and much more. You can cancel this at any time without the need to specify a reason at our internet site or by email to info@brooksrunning.de.  
q. What measures do we take for your security? We have taken technical and organisational measures to protect your data against unauthorised access or abuse. We will adapt these measures as needed to the current latest state of technology.  
r. We protect your data in the course of your orders with a secure SSL connection, an encryption protocol for data transmission in the internet.  
s. We do not use email encryption because customers as a rule do not possess a relevant de-encryption technique.  
t. What are your rights?
Your rights as a person are based, for example, on personality protection guaranteed constitutionally, on federal data protection laws, telemedia laws and the law against unfair competition. If you wish information about data that we store (including concerning solvency checks), please contact us; also by email at info@brooksrunning.de.
 
u. What data do we use on visits to this website?
Cookies: Cookies are small text files that are stored on your computer and that allow you to analyse the use of the website by you. The information can be pictured as electronic crumbs that leave a cookie behind.
 
v. We can read these cookies that are purely for information purposes at your next visit to this website. If you allow cookies on your PC, we can obtain information that applies only to your PC and the IP address, date and time of the visit to this website as well as what parts of the website that you viewed.  
w. You can delete or block cookies by changing the cookies setting on your computer. If you deactivate or delete cookies on your computer, you can continue to completely visit this website.  
x. Software: Brooks Sports uses etracker software and Google Analytics, web analysis software. This software uses cookies to analyse your use of the website. The information obtained by the cookie (including your IP address) on the use of our website is transmitted to a server of Brooks Sports and stored there. Your information is falsified at the allocation of the IP addresses such with regard to your geographical location that we can no longer allocate it to a user. Brooks Sports will under no circumstances connect your IP address with other data.  
y. We will evaluate this information in order to prepare reports concerning the website activities. You are authorised to object to this use of data obtained on you on the part of Brooks Sports. For the rest, you can also delete and block cookies yourself.  
z. Contact with us
If you use our email contact form, we will be pleased to serve you either by telephone or email.
 
aa. Customer login
Insofar as you have requested a customer login, the delivery and invoice address and your chosen method of payment for your next orders will be stored there. You can view your invoices and choose your method of payment yourself. Your customer login is a password-protected area. Your password is given to you by us one time. Please change it immediately! You may choose it freely, along with your user name (that need not be your email address). If you forget your password at any time, we will prepare a temporary password for you if you authorise us to do this. Please then also change this password after use. You can have your customer login deleted at any time without the need to specify a reason.
 
bb. Customer service
We offer many services such as evaluations of products, contests and much more at our internet site. Please realise that these offers generally have their own data protection information.
 
cc. Measures against identity theft On the internet identity theft, that is to say the unlawful use of person-related data (the 'identity') of a person by an unauthorised person is much easier than outside the internet. We strive to prevent such abuse. For example we do not accept a deviating shipping address for a first on-account order.  
dd. Visitors under 18 years of age
Generally we do not collect and store person-related data on persons under 18 years of age on our website. If you are under 18 years old you should not give us any person-related data without the authorisation of your parents or guardian.
 
ee. Photos
We only publish photos of persons in the context of Brooks Sports events and occasions. We strive to refrain from publishing photos of children and young people in which they are clearly recognisable.
 
     

We hope that we have managed to give you a look at the data protection at Brooks Sports. Should you have any further questions, contact us at info@brooksrunning.de.

 

 
11. Contests

a. Participation requirements These participation conditions apply for competitions, contests or drawings (hereinafter summarised as 'contests').  
b. We use your contact data only to notify you that you have won. Insofar as we inform you by telephone or email, with your participation you are agreeing with this method of notification.  
c. Only the first names of the winners and their locations are published. We may publish photos of you if you have won participation in a Brooks Sports event or a trip that are associated with that event or trip. We only pass on your person-related data to third parties (e.g. travel companies) if this is necessary for the processing of the contest. Only adults are allowed to participate in contests. Participation is not contingent upon an order. Each participant may only win one time per contest. If several participants have found the right solution, a drawing takes place. Material prizes will not be paid out in cash. The right to a prize cannot be ceded. We reserve the right to interrupt or stop the contest at any time and without specifying any reason, particularly for technical reasons.  
d.

At the latest with the handing over of the prize we are relieved of all liability. The participant declares that if he wins a prize (particularly with regard to trips) that in case of the occurrence of costs, expenses and other items that are not specifically included in the prize, he himself will pay these. When trips are won these may be handled by a travel organiser. With the confirmation of the trip the winner is subject to the travel conditions of the organiser. Further, we accept no liability for loss that is caused by a travel organiser or other third parties. In this context we are indemnified by the participant against all claims of third parties.

 

 
12. Photo competition

 

Participation conditions
On photo competition, the participant declares that he is the authorised creator or owner of the photo and assumes responsibility to ensure that the agreement of the persons shown and recognisable on the photo has been obtained. He transfers usage rights to the photo limited to the contest in terms of time and content to Brooks Sports, particularly the right to publication in the internet, in newsletters or in other printed matter. Changes in the photos shall only be made by Brooks Sports insofar as they do not change the original appearance of the image. The winners will be announced by a jury appointed by Brooks Sports. Additionally the participation conditions for contests apply.

 

 
13. Disclaimer

a. Contents of this website
The contents of this website are prepared with the greatest possible care. We strive to present correct, complete and current content. We accept no liability for foreign content, e.g. signed contributions from authors or contributions of users in opinion forums.
 
b. Links
This website contains links to websites of third parties ("external links"). At the first link to external links we check their foreign contents to determine whether they represent any legal infringements. At that time no legal infringements were identified. However, we have no influence whatsoever upon the current and future form and content or offers of the linked sites. If we become aware of legal infringements, we immediately delete external links. Please point such infringements out to us if necessary.
 
c. No contractual relationship
Through the use of this website no contractual relationship or quasi- or pre-contractual relationship between you and us comes about.
 
d. Travel health
On our internet site we provide general information concerning matters related to health while travelling. This information is in no way to be construed as a replacement for professional advice from trained physicians. We accept no liability – direct or indirect - for loss or inconveniences that may occur as a result of the use of our information. This also applies to information concerning the sport Nordic walking and further information that may have an effect upon health.