GENERAL TERMS AND CONDITIONS FOR CLOTHING ORDERED ONLINE VIA THE "CI MYMOTION CONFIGURATOR"

(January 2025)

1. Scope

a) The following general terms and conditions (hereinafter “GTC”) apply to all contracts for clothing ordererd online via the "CI mymotion-Configurator" that we, the

Strauss Deutschland GmbH & Co. KG
Frankfurter Straße 98-108
63599 Biebergemünd

VAT ID no.: DE112494262
Registration number: HRA 11317
Registry court: Amtsgericht Hanau

Fon: 0 60 50 / 97 10 12
Fax: 0 60 50 / 97 10 90
Mail: info@strauss.de

Personally liable partner:

Strauss Deutschland Management GmbH
Frankfurter Straße 98-108
63599 Biebergemünd

Registration number: HRB 100185
Registry court: Amtsgericht Hanau
Managing Directors: Henning Strauss, Steffen Strauss

via our online shop mymotion-configurator.strauss.com with you as a customer. These terms and conditions apply exclusively to customers who act in exercise of their commercial, independent professional, governmental or official activities.

b) We only accept orders for clothing configured via the "CI mymotion configurator" on the basis of these General Terms and Conditions. We do not recognize deviating conditions. This also applies if we do not expressly object to the inclusion.

2. Conclusion of contract

a) The presentation and advertising of our products do not constitute a binding offer to conclude a contract.

b) First you have to configure your individual clothing in the "CI mymotion-Configurator". Depending on the respective design, a price is calculated for the order of the clothing you have configured. Prices will be displayed to you in the "CI mymotion Configurator" as the net price, i.e., excluding the applicable VAT, and also in comparison as the gross price, i.e., including the applicable VAT. Delivery is free of charge to delivery addresses within Germany.

c) Before sending the order, you can check and change the data of your order at any time via the “Check and send” section. By clicking on the "Submit" button, you make a binding offer to us to conclude a contract for the individually configured clothing.

d) After the order has been placed, you will receive an e-mail from us confirming receipt of your order and listing its details (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your offer by us.

e) Our customer service manually reviews your order and will then get in touch with you. Customer support serves the purpose of individually coordinating and finalising your order with you in detail. If necessary, our customer service will provide you with proposed changes to best accommodate your preferences.

f) Afterwards, you will receive an order summary (price information) detailing the specifics of your order, including prices and any adjustments made during the customer consultation. If you require personalisation, we will provide you with a printed proposal or correction proposal. You need to release both documents in writing (an e-mail will suffice). On request, we will also send you size and/or colour samples.

g) A contract is only concluded when we accept your order after the customer consultation and approval of the documents mentioned in section 2(f) above by means of an explicit order confirmation.

h) If the goods you have ordered are not available at the time of ordering, we reserve the right not to accept the order.

i) The text of the contract consisting of the general terms and conditions applicable at the time of your order and your order data will be stored by us in compliance with data protection regulations after the contract has been concluded. However, the text of the contract is then no longer accessible to you electronically.

j) The conclusion of the contract and the execution of the contract take place in German, English or French.

3. Minimum order quantities

The clothing you have configured is produced individually for you. Orders can only be placed considering the following minimum order quantities:

Jackets, Bodywarmers (Men/Women) – 30 pieces each
Trousers, Shorts, Bib & Brace (Men/Women) – 50 pieces each

The minimum order quantities refer to the respective products. Sizes can be configured in any way.

4. Terms of Payment

a) Your payment can generally be made in advance, by credit card or PayPal. You will receive the necessary details for the aforementioned payment methods, including a pay link if you wish to pay by credit card or PayPal, with the order confirmation. In addition, we can also offer you payment by invoice as part of our order confirmation.

b) By submitting your order, you agree that we may send you any invoices electronically to the e-mail address you provided for contract processing.

c) The VAT ID number you provided during the ordering process is deemed to be in active use until revoked. If, in individual cases, you should enter a different VAT ID number when placing an order in text form, this is considered to be actively used for that order.

5. Delivery / delivery time

a) The delivery time is approx. 8-10 weeks from order confirmation, unless otherwise agreed.

b) Deliveries are only made to delivery addresses within Germany.

6. Samples

"We can also send you free size and/or colour samples of all mymotion items and colours, as well as a print/embroidery proposal for your personalisation. If your personalisation involves direct embroidery, we will provide it to you on a neutral background and suitable material of our choice. Samples of direct embroidery on the selected mymotion colour cannot be provided.

Size samples must be returned to us in proper condition within a period of 30 days from receipt. After the expiration of the deadline or in case of contamination/damage, we reserve the right to invoice them at the regular selling price. "

7. Configuration of your mymotion clothing and information about personalisation

a) By uploading the desired personalisation in the "Your Logo" section and submitting your order, you confirm that you are authorised to have the personalisation applied to textiles, especially that the personalisation does not infringe upon name and trademark rights, design rights, copyrights, or any other rights of third parties, and does not violate general (especially criminal) laws. Should a claim be made against us due to the infringement of third-party rights due to the configuration you have made, you are obliged to indemnify us from all claims and damages in this connection.

b) We would like to inform you that the colour representation of the clothing you have configured on the screen is particularly dependent on the monitor's settings and the lighting conditions. The images in the "CI mymotion Configurator" are for illustrative purposes only. Certain deviations between the images and the finally configured clothing cannot be ruled out. The same applies to the preview of the clothing configured by you and other print proposals/correction proofs that we provide you as part of the customer consultation. Here too, there may be slight differences in colour reproduction between the printout (transmitted by post) and the colour representation on the screen (transmitted by email) and the finally configured clothing. Please also note that variations in colour specific to the item are possible, as colours can look different based on the material or fabric of the item. The colours and colour numbers (e.g., RAL, ISACORD, etc.) specified in the print proposals/correction proofs are binding for colour reproductions. You can request free samples of all mymotion colours from us.

c) Please note that the sizes available to you in the "CI mymotion Configurator" for your personalisation ("Logo Sizes") are only approximate guidelines. The exact size may vary depending on the type of personalisation and the selected area. The size of the personalisation is solely determined by the size information provided in the print proposals/correction proofs (the illustrations included therein are not to scale and are for illustrative purposes only). We also reserve the right to make reductions of up to 10% to your personalisation during production, if necessary due to production and item requirements.

d) When textiles are personalised, occasional imprints of the embroidery frame or transfer printing plate may remain on the items. These residues can usually be removed in the first wash. Please also note that with textile transfer printing, colour migrations (i.e. slight discoloration of the transfer emblem) may occur; this common in textile personalisation processes and cannot be prevented technically.

e) With direct embroidery, a stabilising fleece is applied on the inside of the item under the logo emblem (your personalisation) to enhance its strength and achieve better stability and durability of the embroidery. Please be aware that in the case of direct skin contact, this may impair wearing comfort. You can receive a free sample of the requested direct embroidery (on a neutral background and suitable fabric material of our choice). Please note that direct embroideries may also impair the functionality of the item (e.g., regarding wind and water-resistant properties).

f) Depending on the type of personalisation (transfer printing or direct embroidery) and the selected clothing item, different care requirements may apply compared to non-personalised clothing. If you opt for personalisation, we will provide you with separate special care instructions and would remind you to observe them.

g) Your mymotion clothing is customised for you. We would like to point out that despite high-quality assurance measures, there may be trade-related or minor, technically unavoidable variations or impairments in the quality, colour, or size of the configured clothing, which do not entitle to warranty claims.

8. Warranty

For your rights concerning material and legal defects, the statutory provisions apply with the following condition: The ordered goods correspond to the respective product description and any explicit written quality agreements made with you, especially the quality characteristics described in section 7. No further objective requirements for the goods can be claimed.

Your claim for subsequent performance is limited to rectifications, i.e., free remedy of the defect. If the subsequent performance option fails, you are entitled to reduce the purchase price or withdraw from the purchase contract.

9. Liability

a) We are liable - for whatever legal reason - without limitation for compensation for damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.

b) In the event of a simply negligent breach of duty by us, our legal representatives or vicarious agents, we are only liable (i) - insofar as unlimited - for damage resulting from injury to life, limb or health; (ii) for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely and may rely. In this case, however, our liability is limited to the damage that is typical for the contract and foreseeable at the time the contract was concluded.

c) The limitations of liability do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the bags. In addition, any mandatory legal liability, in particular from the Product Liability Act, remains unaffected.

d) Insofar as our liability is excluded or limited according to the above provisions, this also applies to the personal liability of our legal representatives or vicarious agents.

10. Rights to the content available in the online shop mymotion-configurator.strauss.com

We remain the sole owner of the copyrights and other commercial property rights to the online shop mymotion-configurator.strauss.com and its content (e.g. texts, graphics and images). You are only permitted to use the content for the purpose of configuring the clothing or processing the contract.

10. Data Protection

Insofar as personal data is processed in connection with the use of the "CI mymotion-Configurator", this is done in accordance with the information provided in our privacy policy.

12. Governing Law and Jurisdiction

a) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory consumer regulations of a foreign state remain unaffected if you have your habitual residence in this foreign state.

b) Frankfurt am Main is agreed as the exclusive place of jurisdiction.

13. Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this does not affect the effectiveness of the remaining provisions.