Terms and conditions

Agentur Teigelkämper
Inh. Gordon Teigelkämper
Haus Mallinckrodt
D-58313 Herdecke

Telephone number:
+49(0)2335-845730
Fax number:
+49(0)2335 84573 22
E-Mail-Address:
mail@teigelkaemper.de

Settlement of disputes

The European Commission provides a platform for online dispute resolution. You can find the platform at https://webgate.ec.europa.eu/odr/

§ 1 General Information - definitions

  1. The company Breunig & Teigelkämper GbR deals in sportsware, mostly on the basis of orders by catalogue or by the website www.look-learn.de The orders are mostly executed by dispatch.
  2. The following General Terms and Conditions are valid for every business relation between us, the company Breunig & Teigelkämper GbR, and our customers in the currently valid version.
  3. For the purpose of these General Terms and Conditions, consumers are natural persons doing business with us, without this business relation having a commercial character or being related to a self-employed job. For the purpose of these General Terms and Conditions, entrepreneurs are natural persons, legal entities or incorporated partnerships, including those of public law, doing business with us because of their commercial or self-employed job. For the purpose of these General Terms and Conditions, customers are either consumers or entrepreneurs.
  4. Deviating, contrary or supplementary General Terms and Conditions will not, even when they are known, become part of a contract, unless their validity is explicitly confirmed in writing.

§ 2 Conclusion of a contract

  1. The conditions for our goods remain without engagement and are not binding. The display of our goods on the internet is not an offer, but a noncommittal invitation to the customer to place an order. We reserve the right of technical or other reasonable changes concerning shape, colour or weight.
  2. When placing an order for the requested goods, the customer gives a binding offer for a contract. We immediately acknowledge the receipt of the customers. But the acknowledgement of the receipt is not to be considered a binding acceptance of the order unless we explicitly state the acceptance. Also, the receipt of an order placed by telephone is not to be considered a binding acceptance on our part.
  3. Concerning the offer of a contract included in the order, we are entitled to accept it in the course of the following two weeks, in case of orders placed electronically in the course of three working days after receipt. Additionally, we reserve the right of rejecting the acceptance of the order, e.g. in the case of insufficient creditworthiness of the customer, or to limit the order to an amount appropriate for households.
  4. The conclusion of a contract is done with the reservation that we may not deliver/render a service or deliver/render a service only partially if we are incorrectly or unduly supplied with goods. Please note that this only applies if we can not answer for not delivering.
  5. In case the goods are not or only partially available, we inform the customer at once. If the customer has paid in advance, he will be reimbursed the amount in question. If the customer has placed the order electronically, we will save the text of the contract and send it to the customer by e-mail as well as the legally included General Terms and Conditions.

§ 3 Reservation of proprietary rights

  1.  
    1. In the case of consumers we reserve property of the goods until the selling price has been completely paid.
    2. In the case of entrepreneurs we reserve property of the goods until all claims of the current business relationship have been completely settled. However, we must release goods with reserved proprietary rights if the entrepreneur demands it, if the value of these goods exceeds the due claims of the current business relationship by 30 percent.
  2. During the existence of a reservation of proprietary rights the customer is obliged to treat the goods with care. Additionally, the customer has to inform us immediately in writing if a third party has access to the goods. We have to be informed particularly about any compulsory enforcement, possible damage or destruction of the goods, change of ownership or change of the customers address. The customer is obliged to reimburse any damage or cost, which originate from the transgression of the above mentioned obligations or our necessary actions in order intervene against the access of third parties to the goods.
  3. Should the customer act contrary to the contract, particularly if payment is delayed, we are entitled to withdraw from the contract and to reclaim the goods from the customer. We are also entitled to withdraw from the contract in case the customer violates an obligation stated in the above mentioned number 2 and reclaim the goods if a further adherence to the contract cannot be expected from us.
  4. An entrepreneur is entitled to resell goods with reservation of proprietary rights in proper transactions. But he instantly assigns to us all claims at the amount of the invoice total, which are caused by reselling the goods to a third party. We authorize the entrepreneur to collect the above mentioned claims. We, however, reserve the right to collect these claims ourselves as soon as the entrepreneur does not meet his obligations in due time and causes a delay in payment. Acceptable processing of goods under reservation of proprietary rights is only to be effected on our behalf and on our order. If the goods are processed, we acquire a co-ownership of the new good in proportion of the value of the good we delivered. This is also applies in case our goods are processed or mixed with someone else's goods.

§ 4 Right of revocation

(Valid only for contracts for distance-selling and for consumers who buy at the online shop)

  1. The consumer is entitled to revoke his declaration of intent aimed at a conclusion of contract within four weeks after the receipt of the goods. The revocation does not need an explanation and has to be stated to the seller in written form (e.g. letter, fax, e-mail) or by returning the goods. The deadline is met by despatching in time. However, the right of revocation does not apply if the goods delivered have been made according to the customers specifications or, where applicable, if the goods have been unsealed. Interference with, damage to or opening of the DVD wrapper will be regarded as breaking the seal. In such cases the DVD cannot be returned.
  2. A consumer must return the goods, if it is possible to send them in a parcel, when making use of his right of revocation. This consignment has to include the goods, all the accessories and if existent the manuals, all in their original packaging but at least in a packaging appropriate for the transport. When making use of his right of revocation, the consumer has to bear the costs of returning the goods if the purchase value does not exceed EUR 40.00, unless the delivered goods do not correspond to the goods ordered. In case the purchase value exceeds EUR 40.00 the consumer does not have to bear the costs for returning the goods.
  3. A consumer has to pay a compensation for the deterioration of the goods resulting from the intended use of them. The consumer is entitled to examine the goods carefully in a way acceptable in a normal shop. The consumer has to pay a compensation if the goods suffer in value and cannot be sold as "e;new"e; at their original price because they were used in a way beyond normal examination. In order to avoid compensations in case of a return, the consumer has to handle the ordered goods with care. So he can avoid the duty to pay a compensation by not using the goods as their owner would and leave anything undone that might affect the value of the goods.

Breunig & Teigelkämper GbR will be glad to organise the return of the goods from any place in Germany. Please contact our service team at ++49 (0) 341 / 91075543 or just fill in the return form in the service area of the website www.look-learn.de

§ 5 Prices and Terms of Payment

  1. The offered prices are binding and include the current statutory sales tax. In the case of special offers the price is limited to the period of validity of this offer. In the case of a mail-order sale, the prices are to be understood exclusive forwarding expenses. Those are stated on our website or in our currently valid catalogue. We also indicate explicitly that there are additional forwarding expenses, like e.g. customs duties and import taxes, when delivering into a foreign country, which have to be borne by the customer. If the customer is responsible for any undeliverability or if he refuses receipt of the ordered goods, the customer bears all costs resulting therefrom. There are no additional costs for the customer when he chooses to order by any means of telecommunication. The customer may choose any of the means of payment we offer on our website or in our catalogues to settle his due invoices. We always deliver, though we reserve the right to make deviating agreements, against cash payment and payment in advance. We additionally reserve the right to exclude certain means of payment or to sell on credit. For lack of special agreements, the payment has to be effected without any reduction (no cash discounts). Your credit card account will be debited when the invoice is presented or the goods are dispatched.
  2. The customer has to pay the invoice total within ten days after receipt of goods. After this period, there is a delay of payment.During the period of the delay, the consumer has to pay interest on his debt at five percentage points above the current base interest rate of the European Central Bank.During the period of the delay, the entrepreneur has to pay interest on his debt at eight percentage points above the current base interest rate of the European Central Bank. We reserve the right to prove in the case of the entrepreneur a higher damage of interest on late payment and to assert that claim. Any counterclaims on the part of the customer have to be legally declared and accepted by Breunig & Teigelkämper GbR, especially if the customer wants to offset claims against new obligations. A customer only has the right to retain money if this counterclaim is based on the contract.
  3. The Customer shall be entitled to claim an offset only when the Customer’s counterclaims have been recognised by a court of law or acknowledged by our House. Also the right of retention may be exercised by the Customer only when the Customer’s counterclaim is based on the same contractual relationship.
  4. § 6 Transfer of risk

    In the case of the consumers the risk of coincidental destruction and of coincidental deterioration is transferred to the consumer as soon as the goods are handed over to him. In the case of the entrepreneurs the risk of coincidental destruction and of coincidental deterioration is transferred to the entrepreneur as soon as the goods are handed over to the carrier, forwarding agent or any other person or company executing the despatch. If the customer is at default of acceptance, this is the equivalent to the handover.

    § 7 Warranty

    1. A consumer has the right to choose, whether a remedy has to be effected by rectification of defects or by replacement. We are, however, entitled to deny the chosen manner of remedy if it could only be done at unreasonably high costs and if the other form of remedy does not implement considerable disadvantages for the consumer. Should the goods delivered to entrepreneurs suffer from minor defects, we reserve the right to choose whether we would like to fulfil the warranty by rectification of defects or by replacement.
    2. If the remedy should fail, the customer may claim either reduction of the price, cancellation of the contract or compensation. In the case of minor defects, the customer may not cancel the contract. If the customer chooses compensation, the liability limitations according to § 8 No. 1 of our General Terms and Conditions apply.
    3. A consumer has to inform us in writing in the course of two months after receipt of goods when he notices obvious defects. Otherwise the assertion of the warranty is impossible. An entrepreneur has to check the delivered goods immediately for defections in quality and quantity. The entrepreneur has to inform us immediately about obvious defects in writing, but at least within one week after receipt of goods. Otherwise the assertion of the warranty is impossible. An entrepreneur has to inform us about unapparent defects in writing within one week after the discovery of the defect. The deadline is met by sending the notification of defects in time. For all claims, the onus of proof lies with the entrepreneur. This applies especially for the defect itself, for the time of detection and the timeliness of the notification of defects.
    4. The warranty for consumers is two years after delivery of goods. For entrepreneurs the warranty is limited to one year after delivery of goods.In case of second-hand goods, the warranty is one year after delivery of goods. The warranty of one year, however, does not apply if we can be accused of gross negligence, if we can be held responsible for damage to someone's body or health or if a customer deceases. This does not affect a liability according to the law of product liability.
    5. We do not grant warranties in the legal sense towards our customers. This does not, however, affect the manufacturer warranty.
    6. An entrepreneur bears the costs of returning the goods, when there is a legitimate claim in respect of the warranty, to an amount exceeding the normal costs of despatch within the Federal Republic of Germany.

    § 8 Limitation of Liability

    1. In case of a lightly negligent breach of duty, our liability and the liability of our vicarious agents is limited to the predictable, immediate and for the contract typical average damage. We are not to be held liable and neither are our vicarious agents, in case of lightly negligent breach of duty, concerning duties that are not an essential part of the contract and whose breach does not affect the execution of the contract.The above-mentioned limitations of liability do not affect the claims of the customer resulting from the product liability or the warranty. The limitations of liability do not apply to cases of damage of body or health or to cases of loss of the customers life, which we can be held responsible for.
    2. The liability for the contents of the websites of our online shop is limited to our own contents. Should we offer access to other websites by the means of links, we are not to be held responsible for the external contents there. We explicitly do not adopt external contents. In case we learn that one of the linked website has illegal contents, we will block the access immediately.

    § 9 Returns

    A valid return note is to be used for returning the goods. It can be ordered by telephone at ++49 (0) 341 91075543, by fax at ++49 (0) 341 91075549 or by e-mail and has to be fixed clearly visible on the parcel.
    Redemptions are done either by pickup or by a return induced by the customer. We never accept consignments sent freight forward. In case there is a claim of the customer for reimbursement of the shipping costs, we will reimburse them.
    In order to facilitate a possible return we can put small, removable labels with the complete company address on all goods we deliver.

    § 10 Data Security

    1. With the help of our "e;Information about Data Security"e; we inform our customers about the kind, amount, duration and purpose of the collection, diffusion and use of the personal data necessary for the execution of orders and for the invoicing. We further inform our customers about their right of opposition concerning the creation and use of his anonymized user profile for the purpose of advertisement, market research and offers designed to meet the demands of the customer. We further inform our customers about the transmission of data to companies we assigned, and who have to adhere to the legal regulations of data security, for the purpose and duration of the credit assessment and shipping of the goods. We inform our customers about their right to be informed free of charge about their personal data we saved and their right to correct, block or delete their personal data we saved.
    2. The collection, processing and use of personal data for marketing purposes require the assent of the customer. The customer has the opportunity to give his assent before he orders. The customer has the right to revoke this assent any time, this revocation affecting the future as well (see "e;Assent regarding Privacy Laws"e;).

    The entire ordering process shall be handled in encrypted form via an SSL (Secure Socket Layer) port. Also credit card data shall be stored in encrypted form within the order process.

    § 11 Trademark rights and Copyright

    1. The company Breunig & Teigelkämper GbR strives to adhere to and include the copyright when publishing graphics, audio files, video sequences and texts. Any graphics, audio files, video sequences and texts created by Breunig & Teigelkämper GbR are automatically subject to the copyright of the company Breunig & Teigelkämper GbR. All trademarks stated in the whole of our offer (internet, catalogue, letter, e-mail etc.), some of which might be trademarked by third parties, are unrestrictedly subject to the regulations of the currently valid trademark legislation and the rights of ownership of the currently registered owner. The mere mentioning is no reason to conclude that the trademark might not be protected by the rights of third parties. The copyright of published objects created by the author himself remain only with the author of the websites. The duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications are forbidden without explicit authorisation from the author.

    § 12 Final Regulations

    1. The law of the Federal Republic of Germany counts as the applicable law agreed upon. For business relations with consumers, who do not conclude the contract because of their commerce or job, this choice of law is only valid as it does not cancel the protection of law, guaranteed by compulsory standards, of the state the consumer normally resides in. The appliance of the regulations of the United Nations Convention on Contracts for the international sale of goods (CISG) is explicitly excluded.
    2. Our business location is the place of fulfilment and payment, unless something else is agreed upon in the contract. Compulsory legal regulations concerning the legal venue remain untouched in the case of consumers. If the customer is a businessman, a legal entity of public law or a capital of public law, the only legal venue for all conflicts arising from the contract is our business location. This also applies if the customer does not have a general legal venue in Germany or if the residence or habitual abode is unknown at the time the suit is brought.
    3. In case certain parts of our General Terms and Conditions are or become completely or partly invalid, this does not affect the validity of the other regulations. Completely or partly invalid regulations shall be replaced by clauses, whose economic effect resembles the invalid ones as much as possible.

    The above mentioned General Terms and Conditions apply from January 1st 2007.