IV. PARTIES - Federal Rules of Civil Procedure
Rule 17. Parties Plaintiff and Defendant; Capacity
Rule 18. Joinder of Claims and Remedies
Rule 19. Joinder of Persons Needed for Just Adjudication
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Non-Joinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
Rule 23.1. Derivative Actions by Shareholders
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 24. Intervention
Rule 25. Substitution of Parties
(a) Real party in interest.
Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought; and when a statute of the United States so provides, an action for the use or benefit of another shall be brought in the name of the United States. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
(b) Capacity to Sue or be Sued.
The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual's domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the state in which the district court is held, except (1) that a partnership or other unincorporated association, which has no such capacity by the law of such state, may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right existing under the Constitution or laws of the United States, and (2) that the capacity of a receiver appointed by a court of the United States to sue or be sued in a court of the United States is governed by Title 28, U.S.C., §§ 754 and 959(a).
(c) Infants or Incompetent Persons.
Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
(a) Joinder of Claims.
A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal, equitable, or maritime, as the party has against an opposing party.
(b) Joinder of Remedies; Fraudulent Conveyances.
Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to that plaintiff, without first having obtained a judgment establishing the claim for money.
(a) Persons to be Joined if Feasible.
A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person's absence may (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.
(b) Determination by Court Whenever Joinder Not Feasible.
If a person as described in subdivision (a)(1)-(2) hereof cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to the person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
(c) Pleading Reasons for Nonjoinder.
A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivision (a)(1)-(2) hereof who are not joined, and the reasons why they are not joined.
(d) Exception of Class Actions.
This rule is subject to the provisions of Rule 23.
A civil action is commenced by filing a complaint with the court.
(a) Permissive Joinder.
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons (and any vessel, cargo or other property subject to admiralty process in rem) may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
(b) Separate Trials.
The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice.
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
(1) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.
(2) The remedy herein provided is in addition to and in no way supersedes or limits the remedy provided by Title 28, U.S.C. §§ 1335, 1397, and 2361. Actions under those provisions shall be conducted in accordance with these rules.
(a) Prerequisites to a Class Action.
One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable.
An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(1) the prosecution of separate actions by or against individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.
(c) Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Class; Judgment; Multiple Classes and Subclasses.
(1) (A) When a person sues or is sued as a representative of a class, the court must Â— at an early practicable time Â— determine by order whether to certify the action as a class action..
(B) An order certifying a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).
(C) An order under Rule 23(c)(1) may be altered or amended before final judgment.
(2) (A) For any class certified under Rule 23(b)(1) or (2), the court may direct appropriate notice to the class.
(B) For any class certified under Rule 23(b)(3), the court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language:
- the nature of the action,
- the definition of the class certified,
- the class claims, issues, or defenses,
- that a class member may enter an appearance through counsel if the member so desires,
- that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded, and
- the binding effect of a class judgment on class members under Rule 23(c)(3).
(3) The judgment in an action maintained as a class action under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
(4) When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
(d) Orders in Conduct of Actions.
In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly; (5) dealing with similar procedural matters. The orders may be combined with an order under Rule 16, and may be altered or amended as may be desirable from time to time.
(e) Settlement, Voluntary Dismissal, or Compromise.
(1) (A) The court must approve any settlement, voluntary dismissal, or compromise of the claims, issues, or defenses of a certified class.
(B) The court must direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, voluntary dismissal, or compromise.
(C) The court may approve a settlement, voluntary dismissal, or compromise that would bind class members only after a hearing and on finding that the settlement, voluntary dismissal, or compromise is fair, reasonable, and adequate.
(2) The parties seeking approval of a settlement, voluntary dismissal, or compromise under Rule 23(e)(1) must file a statement identifying any agreement made in connection with the proposed settlement, voluntary dismissal, or compromise.
(3) In an action previously certified as a class action under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.
(4) (A) Any class member may object to a proposed settlement, voluntary dismissal, or compromise that requires court approval under Rule 23(e)(1)(A).
(B) An objection made under Rule 23(e)(4)(A) may be withdrawn only with the court's approval.
A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.
(g) Class Counsel.
(1) Appointing Class Counsel.
(A) Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.
(B) An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
(C) In appointing class counsel, the court
(i) must consider:
- the work counsel has done in identifying or investigating potential claims in the action,
- counsel's experience in handling class actions, other complex litigation, and claims of the type asserted in the action,
- counsel's knowledge of the applicable law, and
- the resources counsel will commit to representing the class;
(ii) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;
(iii) may direct potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney fees and nontaxable costs; and
(iv) may make further orders in connection with the appointment.
(2) Appointment Procedure.
(A) The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.
(B) When there is one applicant for appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1)(B) and (C). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class.
(C) The order appointing class counsel may include provisions about the award of attorney fees or nontaxable costs under Rule 23(h).
(h) Attorney Fees Award.
In an action certified as a class action, the court may award reasonable attorney fees and nontaxable costs authorized by law or by agreement of the parties as follows:
(1) Motion for Award of Attorney Fees.
A claim for an award of attorney fees and nontaxable costs must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision, at a time set by the court. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.
(2) Objections to Motion.
A class member, or a party from whom payment is sought, may object to the motion.
(3) Hearing and Findings.
The court may hold a hearing and must find the facts and state its conclusions of law on the motion under Rule 52(a).
(4) Reference to Special Master or Magistrate Judge.
The court may refer issues related to the amount of the award to a special master or to a magistrate judge as provided in Rule 54(d)(2)(D).
In a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association, the corporation or association having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege (1) that the plaintiff was a shareholder or member at the time of the transaction of which the plaintiff complains or that the plaintiff's share or membership thereafter devolved on the plaintiff by operation of law, and (2) that the action is not a collusive one to confer jurisdiction on a court of the United States which it would not otherwise have. The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff desires from the directors or comparable authority and, if necessary, from the shareholders or members, and the reasons for the plaintiff's failure to obtain the action or for not making the effort. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation or association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to shareholders or members in such manner as the court directs.
An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e).
(a) Intervention of Right.
Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(b) Permissive Intervention.
Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of the United States gives a right to intervene.
When the constitutionality of an act of Congress affecting the public interest is drawn in question in any action in which the United States or an officer, agency, or employee thereof is not a party, the court shall notify the Attorney General of the United States as provided in Title 28, U.S.C., Â§ 2403. When the constitutionality of any statute of a State affecting the public interest is drawn in question in any action in which that State or any agency, officer, or employee thereof is not a party, the court shall notify the attorney general of the State as provided in Title 28, U.S.C. Â§ 2403. A party challenging the constitutionality of legislation should call the attention of the court to its consequential duty, but failure to do so is not a waiver of any constitutional right otherwise timely asserted.
(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served in any judicial district. Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.
(2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against the party's representative.
(c) Transfer of Interest.
In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule.
(d) Public Officers; Death or Separation From Office.
(1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2) A public officer who sues or is sued in an
official capacity may be described as a party by the officer's official
title rather than by name; but the court may require the officer's name
to be added.


St. Andrew's competed against 23 other high schools in the Delaware Mock Trial Competition on February 22 and 23.
Each round of competition involved half the team—three attorneys and three witnesses, In each round an award is given to the most effective of the six attorneys and the most effective of the six witnesses. St. Andrew's completed in four rounds: against Ursuline Academy in the first and fourth round, against Wilmington Christian School in the second round, and "Tower Hill was our third round adversary," said Mock Trial Head Coach Dan O'Connell. "In the end, with three wins and one loss, our standing was seventh out of 24 teams."
"The mock trial case this year was unusually complex and distinctly Delawarean," O'Connell continued. "The president of a shipping company from a tiny Middle Eastern nation, called Aladin, was suing a Delaware shipping company (Delaware Auto and Marine Inc. or "DAM") for preventing an attempted hostile takeover. The foreign company claimed that the Delaware company acted unlawfully in blocking the takeover. In response, DAM asserted that the acquiring company has terrorist ties, and therefore, their takeover bid should be declined." O'Connell wrote the below recaps of each team member's performance in the courtroom.
Riley Baker '21 and Noor El-Baradie '19
In the first round, our team represented the plaintiff side. Noor El-Baradie '19 played the role of the plaintiff—the president of the Middle Eastern shipping company. Noor's job was to persuade the jury of two facts: first, that the price she offered to purchase DAM was generous, and second, that neither she nor her company has ties to terrorism. Before Noor testified, attorney Riley Baker '21 outlined the entirety of the plaintiff's case in her opening statement. Riley's opening made the complexities of this convoluted case clear. She also conveyed the plaintiff's perspective in a compelling and sympathetic narrative. Noor was particularly effective in shaming the defendants for stereotyping people from the Middle East. With the help of Riley's well-prepared questions, Noor infused her performance with emotion and incisive argument. She earned the Most Effective Witness Award in the third round of the competition.
Carson McCoy '19 and Iris Hwang '20
Also testifying for the plaintiff, Carson McCoy '19 played the part of a financial expert. Although he had to concede that he used some unusual methods when evaluating the Delaware company, Carson spoke with so much confidence and expertise that the jury was charmed, rather than being alarmed, by his eccentricities. Carson was awarded the Most Effective Witness Award in the first round of the competition. Iris Hwang '20 was the attorney who directed the presentation of Carson's testimony. She also protected him during cross examination by responding deftly to objections.
Iris, the most experienced member of our plaintiff's team, anchored the team throughout the trial. She also carried the most difficult task—delivering a closing argument just two minutes after the end of the trial. Her comprehensive understanding of the evidence enabled her to actively incorporate the events at trial, rather than merely reciting a memorized speech.
Mary Puryear '19 and Madeline Birkness '21
For the last of the plaintiff's witnesses, Mary Puryear '19 performed the direct examination of a disappointed retiree, played by Madeline Birkness '21. Madeline needed to explain that, as a stockholder, DAM's failure to even consider the takeover violated her rights. Madeline inhabited this character thoroughly. Although she seemed to be an innocent "little old lady," the power of her testimony and her sharp response during cross examination were crucial to the plaintiff's success. After each trial Mary was commended by the judges for her poise and for her ability to smile agreeably when demolishing her opponents.
Bilal Morsi '19 and Logan Brown '19
Logan Brown '19 played the part of Pat Kent, the 65 year-old founder and chief executive of DAM. With the help of Bilal Morsi '19, his attorney, Logan portrayed a proud, ambitious and steady businessman who testified that he was only looking out for his investors and for national security. Logan was awarded the Most Effective Witness Award in each of his two performances. One of Bilal's finest moments occurred during cross-examination of the plaintiff's financial expert. After mentioning two factors that could influence the value of a company, the expert claimed to have used both factors in evaluating a company's value. However, the case materials included an affidavit in which this expert clearly favored a single bizarre and irrational cause. The expert attempted to exploit ambiguity in the affidavit. However, Bilal displayed his skills at close reading and quick thinking by pointing out that the phrase "that is the reason" is not the equivalent of "those are the reasons" and the judge compelled the witness to testify consistently with her affidavit.
Austin Daly '22 and Arvin Vanikar '21
Austin Daly '22 and Arvin Vanikar '21 are two to the three new underformers on the team this year, and both were a thrill to watch. One of the most dramatic moments of the entire competition was Austin's cross-examination of the retired shareholder. Unfortunately for Austin, delay by an earlier witness caused our team to have only 98 seconds remaining when Austin began his cross-examination. Typically cross-examinations are between five and ten minutes long and Austin had never practiced a cross-examination lasting less than five minutes. However, when he launched his assault—which aimed to show that a personal medical emergency made this witness unreliable—Austin's amazed with his rapid-fire questioning. Incredibly, he completed his cross with twenty seconds to spare. Austin also performed the direct examination of Arvin Vanikar '21 and gave the closing argument for the defense. When Arvin took the witness stand it was like every spectator had been given a shot of caffeine. Arvin's emphatic tone and the punchy directness of his responses was extremely effective.
Cierra Martinez '20 and Liam O'Connell '19
Liam O'Connell '19 played the role of a former CIA spy. On cross-examination, Liam's opponent's line of questions sought to to cast doubt on the evidence Liam collected while spying in Aladin. Liam testified that he personally witnessed the president of Aladin speaking to a notorious terrorist while the two walked together at the president's secluded private retreat. Liam was pressured to admit that, although he had witnessed this meeting, he could not say with confidence that president and the terrorist actually talked to each other. Liam undermined this attack by admitting in a facetious tone, "Yes, I suppose the president of Aladin and this terrorist might have just been walking together in silence." When spectators in the gallery laughed at this notion, Liam's point was proved.
In addition to her direct examination of Liam's character, attorney Cierra Martinez '20 also performed the cross-examination of the plaintiff. In rounds two and four, much of Cierra's attention was necessarily devoted to arguing objections. In round two she was often responding to objections raised by her adversary. She did so impressively. However, she also learned to take control and by the fourth trial she shocked and delighted the St. Andrew's side with her frequent and well-argued objections. Where most novices would stutter or pause, Cierra would just sigh, before arguing her case with ease.
In addition to parents, the St. Andrew's spectator's gallery included Mr. Roach, Mr. Speers, Ms. Kerrane, and Ms. Tully. We are all very grateful for their support. For the second year Riley Baker's mother, Stacey Baker P'21, flew in from Chicago to support the team. She spectated all four rounds and helped drive students to and from the courthouse on both Friday and Saturday.
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§ 1 Inclusion of general terms and conditions
1.1 In the contractual relationship between Tradico AG (hereinafter "Tradico") and the customer, only the general terms and conditions used here apply in their current version valid at the time of the invoice confirmation.
1.2 The general terms and conditions apply to the customer for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict Tradico’s general terms and conditions is already contradicted.
§ 2 Contractual partner
2.1 Tradico only offers goods and services to businesses (not consumers).
2.2 Businesses is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, as well as freelancers, authorities, public bodies and associations.
2.3 Natural persons who act as businesses must be over the age of 18.
2.4 Should Tradico become aware after the conclusion of the contract that the customer is not a business but a consumer, Tradico can declare the withdrawal from the contract within a reasonable period.
§ 3 Conclusion of contract
3.1 A precondition for any pre-financing is the conclusion of a contract. This is signed by both the customer and Tradico.
3.2 After conclusion of the written contract, the customer can trigger pre-financing. To do this, the supplier must issue an invoice to Tradico and send it to Tradico. This can be done in three ways: by post, by email or on the my.tradi.co platform.
3.3 The customer must submit corresponding delivery documents for the respective invoices. This can be the delivery note, for example. It must be clearly recognizable for Tradico that the ownership of the goods to be pre-financed has passed to the customer. Furthermore, the customer has to confirm that the goods are in perfect condition.
3.4 Tradico checks the respective documents. A contract is only concluded between Tradico and the customer for pre-financing of the respective goods if Tradico has checked the documents and agreed to pre-financing. This is based on the contracts agreed in writing between the customer and Tradico.
§ 4 Choice of law
4. The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
§ 5 Electronic communication, responsibility for access data
5.1 The customer agrees that the contract-related communication can be done by email, unless mandatory legal regulations require another form of communication.
5.2 The user of an e-mail that is not provided with the electronic signature must have the content of the declaration presented as correct and, in the event of a legal dispute, waives the objection that the declaration was not made by him with the relevant content to the addressees specified in the declaration at the time specified in the declaration.
5.3 The customer is responsible for ensuring the confidentiality of his access data for the Tradico account.
5.4 The customer agrees to be responsible for all activities that are carried out via his Tradico account, unless he has taken all necessary and reasonable steps for a proper merchant to ensure that the access data for the Tradico account kept secret and kept safe.
5.5 The customer must inform Tradico immediately if there is a suspicion that an unauthorized third party has gained knowledge of the access data or has used the access data unauthorized or this is to be expected.
§ 6 Place of jurisdiction
6.1 Munich is the exclusive place of jurisdiction for all disputes arising from the contractual relationship, as well as about their establishment and effectiveness, if the customer is a businessman, a legal entity under public law or a special fund under public law.
6.2 Irrespective of the above regulation, Tradico is entitled to sue at any legally permissible general place of jurisdiction.
§ 7 Changes in the Terms and Conditions
7.1 Tradico reserves the right to change these general terms and conditions with future effect.
7.2 Reasonable changes to non-essential elements of these general terms and conditions will be communicated to the customer in writing or in text form. The changes are considered approved if the customer does not object to them in writing or in text form. Tradico will specifically point out this consequence in the notification letter. The objection must be received within six weeks of receiving the notification. If the customer objects to a change, Tradico can refrain from continuing the contractual relationship.


Traveling with steroids as a bodybuilder can be a daunting task, especially if you’re not familiar with the legal and safety precautions involved. Steroids are a popular supplement in the bodybuilding world, as they can help athletes build muscle and improve their performance. However, they’re also a controlled substance in many countries, which means that traveling with them can be risky.
When it comes to traveling with steroids, there are a few things you need to keep in mind. First and foremost, you need to make sure that the steroids you’re carrying are legal in the country you’re traveling to. Different countries have different laws regarding steroids, so it’s important to do your research before you leave. You should also make sure that you have any necessary paperwork, such as a prescription or a doctor’s note, to prove that you’re using the steroids for medical purposes.
Another important consideration when traveling with steroids is safety. Steroids can be dangerous if they’re not used properly, and traveling can increase the risks associated with their use. For example, if you’re traveling to a country with a different climate or altitude than your own, you may need to adjust your dosage to compensate for the change. You should also make sure that you’re storing your steroids properly, as exposure to heat or moisture can damage them and reduce their effectiveness.
Overall, traveling with steroids as a bodybuilder requires careful planning and preparation. By doing your research, taking the necessary precautions, and following the advice of your doctor, you can ensure that you stay safe and legal while getting the most out of your supplements.
Traveling with Steroids: Legal Implications
If you are a bodybuilder who needs to travel with steroids, it is important to understand the legal implications of doing so. Possession and distribution of steroids is illegal in many countries, and can result in severe legal trouble, including jail time and hefty fines. In this section, we will discuss the laws and regulations surrounding steroid possession and use, and what you need to know to avoid criminal charges.
Laws and Regulations
Steroids are considered a controlled substance in many countries, including the United States and the United Kingdom. This means that they are regulated by law, and possession or distribution without a prescription can result in criminal charges. In the US, steroids are classified as Schedule III drugs, which means that they have a moderate to low potential for abuse and dependence. However, possession of steroids without a prescription can still result in up to one year in jail and a fine of $1,000 for a first offense.
In the UK, steroids are classified as Class C drugs, which means that they are illegal to possess without a prescription. Possession of steroids for personal use can result in a maximum sentence of two years in prison and an unlimited fine. If you are caught with steroids with intent to supply, the penalties can be much more severe, including up to 14 years in prison and an unlimited fine.
Tips for Traveling with Steroids
If you need to travel with steroids for personal use, there are a few things you can do to minimize your legal risks:
- Carry a prescription: If you have a legitimate prescription for steroids, carry it with you when you travel. This can help you avoid legal trouble if you are questioned by customs or law enforcement officials.
- Keep quantities small: Only carry the amount of steroids you need for your trip, and keep it in its original packaging. This can help you avoid suspicion and reduce the risk of criminal charges.
- Be discreet: Avoid drawing attention to yourself when traveling with steroids. Keep them in your carry-on luggage or on your person, and don’t discuss them with strangers or airport officials.
- Research local laws: Before you travel, research the laws and regulations surrounding steroids in your destination country. This can help you avoid legal trouble and ensure that you are in compliance with local regulations.
In conclusion, traveling with steroids can be risky and potentially result in legal trouble. It is important to understand the laws and regulations surrounding steroid possession and use, and take steps to minimize your legal risks when traveling. By carrying a prescription, keeping quantities small, being discreet, and researching local laws, you can help ensure a safe and legal trip.
Transporting Steroids: Precautions and Guidelines
When traveling with steroids, it is important to take necessary precautions to ensure safe and legal transport. Here are some guidelines to follow:
When packing steroids, it is recommended to use airtight and leak-proof containers to avoid any spillage or contamination. Lock boxes or hidden compartments can also provide extra security during transport. It is important to label the containers with the name of the steroid and dosage to avoid any confusion.
Make sure to carry documentation that proves the legality of the steroids you are carrying. This can include a prescription from a reliable source or a doctor’s note explaining the need for the medication. It is also important to research customs regulations in the country you are traveling to, as some countries have strict laws regarding the possession of steroids.
Suitcase vs. Checked Luggage
When deciding whether to pack steroids in a suitcase or checked luggage, it is important to consider the risks involved. While it may be more convenient to carry steroids in a suitcase, there is a higher risk of theft or loss. Checked luggage may provide more security, but there is always a chance of it being lost or delayed. It is important to have a backup plan in case of any unforeseen circumstances.
It is important to note that the possession and distribution of steroids without a prescription is illegal in many countries. In addition to legal repercussions, there may also be hormonal imbalances and other health risks associated with the use of steroids. It is important to consult with a doctor before taking any steroids and to transport them safely and legally.
When arriving at your destination, it is important to store steroids in a secure location to avoid any accidents or theft. Keep them out of reach of children and pets, and make sure to dispose of any unused medication properly.
In summary, transporting steroids requires careful planning and adherence to legal regulations. Use airtight and leak-proof containers, carry necessary documentation, and research customs regulations before traveling. Consider the risks involved with packing steroids in a suitcase versus checked luggage, and ensure a secure location upon arrival. Remember to always consult with a doctor before taking any steroids to avoid potential health risks.
Bodybuilding and Steroids: Muscle Growth and Physical Appearance
If you’re a bodybuilder, you’re always looking for ways to improve your performance and physical appearance. One of the most popular ways to do this is by using steroids. While steroids can help you build muscle and improve your physical appearance, they also come with risks and side effects. In this section, we’ll explore the relationship between bodybuilding and steroids, and how they can impact your muscle growth and physical appearance.
Muscle Cells and Blood Flow
When you work out, your muscles need oxygen and nutrients to function properly. Steroids can increase the number of red blood cells in your body, which can improve blood flow to your muscles. This can help improve muscle growth and recovery time after a workout.
Muscle Building and Upper Body
Steroids can help you build muscle, especially in your upper body. They can increase protein synthesis, which is the process by which your body builds muscle. This can help you gain strength and muscle size, especially in your chest, shoulders, and arms.
HGH and Androgen Receptors
Human growth hormone (HGH) is another popular steroid used by bodybuilders. HGH can stimulate the growth of muscle cells and increase the number of androgen receptors in your body. Androgen receptors are responsible for binding with testosterone, which is an important hormone for muscle growth.
V-Shaped Body and Mineralization
Many bodybuilders strive for a V-shaped body, with broad shoulders and a narrow waist. Steroids can help you achieve this look by increasing muscle mass in your upper body and reducing body fat around your waist. They can also increase bone mineralization, which can improve your overall bone health.
Lean Body Mass and Bodyfat
Steroids can help you build lean body mass, which is the weight of your body minus fat. They can also reduce body fat, which can improve your physical appearance. However, it’s important to note that steroids can also cause health problems, including liver damage and other serious side effects.
In conclusion, while steroids can help improve your muscle growth and physical appearance, they come with risks and side effects. It’s important to talk to your doctor before using steroids, and to use them only under medical supervision. Remember, hard work and a good workout routine can help you achieve your bodybuilding goals without the use of steroids.
Athletic Performance and Steroids: Endurance and Stamina
When it comes to athletic performance, endurance and stamina are critical elements that can make the difference between winning and losing. Steroids have long been used by bodybuilders to enhance their performance, and one of the primary benefits of using steroids is the improvement of endurance and stamina.
Steroids work by increasing the production of red blood cells, which carry oxygen to the muscles. This increased oxygenation of the muscles allows for greater endurance and stamina during workouts. Additionally, steroids can help to reduce fatigue and muscle damage, allowing bodybuilders to train harder and longer.
One of the most popular steroids used by bodybuilders to improve endurance is EPO (erythropoietin). EPO is a hormone that stimulates the production of red blood cells, leading to increased oxygenation of the muscles. This increased oxygenation can help to improve endurance and stamina, allowing bodybuilders to train harder and longer.
Another popular steroid used by bodybuilders to improve endurance is Clenbuterol. Clenbuterol is a beta-2 agonist that is commonly used as a bronchodilator to treat asthma. However, it also has a thermogenic effect that can increase metabolism and energy levels, leading to improved endurance and stamina.
In addition to these steroids, bodybuilders may also use supplements such as creatine and beta-alanine to improve endurance and stamina. Creatine is a naturally occurring compound that helps to produce energy in the muscles, while beta-alanine helps to reduce fatigue and improve endurance.
Overall, the use of steroids and supplements can have a significant impact on athletic performance, particularly when it comes to endurance and stamina. However, it is important to note that the use of steroids is not without risks, and should always be done under the guidance of a healthcare professional. Additionally, it is important to remember that steroids are not a substitute for hard work and dedication in training and nutrition.
In conclusion, traveling with steroids as a bodybuilder can be a tricky and risky process. It is important to take necessary precautions and be aware of the legal implications of carrying steroids across borders.
When traveling with steroids, it is crucial to research the laws of the country you are visiting to avoid any legal issues. Some countries have strict laws regarding the use and possession of steroids, and it is important to be aware of these laws before traveling.
To minimize risks, it is recommended to carry a doctor’s prescription for the steroids you are carrying. This can help prove that the steroids are for personal use and not for distribution.
While steroids can be beneficial for bodybuilding and muscle growth, it is important to use them responsibly and under the guidance of a healthcare professional. Overuse of steroids can have negative effects on your health and fitness goals.
As an athlete, it is important to prioritize your health and safety above all else. Traveling with steroids requires careful planning and precautions to avoid legal issues and health risks.
Overall, traveling with steroids as a bodybuilder requires careful consideration and preparation. By taking necessary precautions and being aware of the legal and health risks, you can safely and responsibly use steroids to support your fitness goals.


AVS Catalunya is governed by the AVS Standing Orders and by its own internal regulations.
REGULATIONS OF THE CATALAN ASSOCIATION OF PUBLIC HOUSING AND LAND DEVELOPERS (AVS CATALUNYA)
Article 1.- Name and territorial sphere
The Catalan section of the Spanish Association of Public Housing and Land Developers – (AVS), herein known as “AVS Catalunya”, is made up of public developers that undertake their activity in the territorial sphere of the Generalitat de Catalunya (Catalan Government) and which freely decide to form part of it.
The official name of AVS Catalunya in its territorial sphere will be “Associació Catalana de Promotors Públics de Sòl i Habitatge” (Catalan Association of Public Housing and Land Developers)
Article 2.- Head Office
The head office of AVS Catalunya will be that of the entity that holds the Presidency of the Association.
Article 3.- Aim of the Association
AVS Catalunya, within its territorial sphere of influence, has the following aims:
- Undertake initiatives before the administrations and entities related to public or protected housing, to encourage development in such a way as to guarantee a permanent offer to the citizenry.
- Stimulate the participation of Catalan Public Housing and Land Developers in the planning and carrying out of actions aimed at meeting the collective need for decent housing.
- Encourage and boost relationships of friendship and cooperation among the member entities.
- Undertake and promote studies to have greater knowledge of the circumstances in which social housing policy is developed in our community, proposing solutions as well as undertaking specific seminars for analysis and diffusion.
- Transmit the information and experiences in the field of public development of land and housing to the public institutions and organisms in the territory of the Generalitat de Catalunya (Catalan Government), and to the corresponding entities and associations.
- Ensure the representation of the member entities and the defence of their interests in each and every institution of the territory of the Generalitat de Catalunya and other organisms, entities or associations that have a bearing on the undertaking of their activity.
- Be the representative and interlocutor of the public developers associated in the process of prior studies and in the preparation, improvement and planning of housing policy in Catalonia.
- Undertake pertinent actions before third parties, within the general policy of the association, in defence of their interests.
- Any other activity that redounds in benefit of the section, in particular, and the association, in general.
Article 4.- Entities belonging to the Association
All entities that undertake their activity exclusively within the geographical sphere of the Generalitat de Catalunya may belong to the Association.
To belong to the Association it is mandatory to be a member of AVS.
The members of AVS Catalunya will be automatically deregistered from membership when, for whatever reason, they deregister from AVS.
Article 5.- Governing bodies
The governing bodies of the Association are:
- The General Meeting
- The Executive Committee
- The Presidency
Article 6.- The General Meeting
It is the sovereign body of the will of the Association and is made up of all the member entities in the full exercising of their rights.
It will meet at least twice a year, one of these meetings having to be held in the first three months of the year in order to pass the management report and the budget of the Association.
The meetings will be called by the Presidency, which will draw up the agenda. The notification will be in writing and be made at least two weeks in advance.
The General Meeting of the Association can also be called at the request of its members when representing a minimum of 50% of the members or the votes.
Article 7.- The General Meetings
The General Meetings of the Association will be chaired by the Presidency and, before the impossibility or by delegation of the President, by the Vice-presidency.
All the members who make up the Association may attend with speaking and voting rights, and may delegate their vote by proxy to other members of the Association.
The quorum for the meeting will be, initially, the members that have the absolute majority of votes, and then, the entity members present and duly represented.
Article 8.- Functions of the General Meeting
The responsibility of the General Meeting will be:
- Passing of the annual management report and the annual budget.
- The election of the Executive Committee.
- The revocation of any member of the Executive Commission, by majority of the votes cast.
- Amendments to the Regulations of the Association.
- The passing of extraordinary economic contributions to meet the Association’s expenses.
- The election of the representative members of the Association within the Executive Committee of the AVS.
Article 9.- Motions passed at the General Meeting
Motions will be passed by the majority of votes cast, with the exception of amendments to this Regulation, which will require an absolute majority.
The motion passed correctly will be binding for the attending members, whether they vote in favour or against, as well as for the absentees.
The Secretary will take the minutes of the meetings. The minutes will be issued within a maximum period of 15 days and a maximum period of one month will be established from their reception for the presentation of appeals.
Article 10.- The Executive Committee
- The Executive Committee will be made up of the Presidency, Vice-presidency, Secretary and four members, all of them appointed by the General Meeting and for a period of four years.
- The Presidency and Vice-presidency will be elected directly by majority vote at the General Meeting from among the candidatures presented for these purposes.
- The Secretary and the four members will be elected by the General meeting in proportion to the votes obtained by each of the candidatures presented for these purposes.
- The Secretary will correspond to the candidature with most votes cast.
- The posts on the Executive Committee will not be remunerated and will always be an individual who has been designated by a company or society to represent it at the General Meeting. The post, however, is a personal designation and will be carried out with full independence and autonomy.
- The length of the posts will be for four years, and its members can be re-elected.
- The Executive Committee will meet on an ordinary basis at least every three months, and at an extraordinary level at the behest of the Presidency or three members of the selfsame Committee.
- The Presidency will have, if deemed necessary, the casting vote.
- The Executive Commission will be accepted as being correctly constituted with the direct participation or by representation of, at least three of its members, among which there must be the Presidency or Vice-presidency.
- The Executive Commission will adopt its agreements by means of simple majority, and in the case of a tied vote, the Presidency will have the casting vote.
- The members that represent AVS Catalunya on the Executive Committee of AVS will not form part of the Catalan Executive, with the exception of the Presidency, but they may take part in its ordinary and extraordinary meetings, with speaking rights but no voting rights.
- The Executive Commission will be able to invite to attend their meetings, with speaking rights but no voting rights, all members of the Association that it may deem appropriate.
Article 11.- Functions of the Executive Committee
The Executive Committee will:
- Accept and comply with the motions passed of the General Meeting.
- Safeguard the fulfilment of the standing orders and regulations.
- Agree to that which it considers appropriate regarding the exercising of rights or actions that correspond to the Association.
- Agree to the participation of the Association in all kinds of courses, debates, conferences, talks and events.
- Sign agreements with public or private organisms or entities, the objective of which affect the interests of the Association.
- Propose to the General Meeting all types of activities, acts or events that it considers of interest.
- Propose to the General Meeting the reform of the Association Regulations.
- Present to the General Meeting the end-of-year management report, the budget and the objectives to be completed.
- Propose to the General Meeting the contracts made of all types that are necessary for achieving aims of the Association.
Article 12.- Resignations and substitutions on the Executive Committee
A member of the Executive Committee will no longer belong to it for the following reasons:
- By voluntary resignation.
- By the occupation of another post that the General Meeting may consider as incompatible.
- By legally declared incapacity.
- For not possessing the representation of the entity they represented at the time of their election.
- For frequent lack of attendance at the meetings of the Executive Commission.
- When the entity they represent loses its condition as member.
When people leave the Executive Committee for the reasons stated, the governing body is maintained with full powers, on the condition that it is made up of a minimum of three members, among which must feature the presidency or Vice-presidency. In any case, the Presidency may appoint replacements, which must be ratified by the General Meeting, in a meeting called for this purpose without the need to call new elections.
Article 13.- The Presidency
The functions of the Presidency of the Association are:
- Represent the section before any public or private organism, and carry out its resolutions.
- Call and chair the meetings of the members of the Association, proposing the agenda and venue of the meeting.
- Attend the meetings of the Executive Committee of AVS with speaking and voting rights, and comply with the Standing Orders of the Spanish association.
- Coordinate and direct the activities of the Association in the questions that are appropriate.
- Bear the signature and act on behalf of the Association in all kinds of appropriate banking and commercial operations in general.
- Sign the minutes of the meetings of the Association along with the Vice-presidency.
- Be accountable to the General Meeting for the Management of the Executive Committee, as well as for the Executive of AVS.
- Any other function that the Association gives them or the Executive Committee of AVS delegates to them.
Article 14.- The Vice-presidency
The Vice-presidency of the Association will replace the Presidency in their functions in the case of the impossibility of carrying them out or delegation by the Presidency.
They will also be responsible for the funds of the Association, carrying out the accounting operations of any type, and will jointly with the Presidency, be the bank account holders.
They will also be responsible for the accounting books and preparation of the economic projects and budget of the Association.
Article 15.- The Secretary
The Secretary of the Association will take the minutes of the meetings, sign them jointly with the President, issue the reports requested and will be responsible for the books and documentation of the Association.
Article 16.- The members
The members will asses and assist the Presidency in the carrying-out of proposals, studies, etc., to comply with the aims of the Association or a specific resolution of the General Meeting.
Article 17.- Notification and information to the Presidency of AVS
The Notification of the General Meeting of the Association, along with the agenda, will be sent to the Presidency of AVS, which will be able to attend or delegate any member of the executive.
Additionally, the Presidency will be informed of the development of the resolutions agreed in the meetings of the Association, and for these purposes the minutes will also be sent.
Article 18.- Expenses
The expenses of the Association will be covered by the contributions that AVS will make to this section, according to the standing orders regulations for this purpose.
If deemed necessary, the General Meeting of the Association will be able to pass by a 2/3 majority vote, special or extraordinary contributions from its members.
Article 19.- Extra regulation
In any question not stipulated by these regulations, recourse will be made to the Standing Orders of the Spanish Association of Public Housing and Land Developers – (AVS).


This temple included in the list of temples under Section 46(iii) of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959. The Assistant Commissioner of Erode District is the Thakkar of this temple.
As on revenue year 1425, the total income is Rs. 2,66,80,270/- . There are 18 Archagas and 32 Employees of the temple.
This temple does not conduct any Schools or Colleges or Charitable institutions.
A Gho-Shala is being looked after by the temple. One cow for Gho-Puja and 3 Bulls for carrying ‘Moolavar Abhisheka Vastu’ are being reared. There is one Gho-Shala at the Hill top and the foot hill.
Any devotee desirous of conducting the marriage function in the temple premises, have to fill up the due application form by paying Rs. 50/- as application charges. The application, duly signed by the relevant Village Authority along with attested copies of Bride and bridegroom’s proof of age, Proof of Address is to be submitted at least one week before the date of marriage. On the day of Marriage, signatures are obtained from the newlyweds, parents and witnesses and Marriage certificate is issued. The registration fee for obtaining the certificate is Rs.500.00.


Data Protection Declaration
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1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Stefan Kink, Sportschrank.de, Schulstrasse 1, 83229 Aschau im Chiemgau, Deutschland, Tel.: 08052 / 1788001, Fax: 08052 / 1786002, E-Mail: firstname.lastname@example.org. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
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- Our visited website
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5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Use of Your Data for Direct Advertising
6.1 If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the future use of your e-mail address for the aforementioned advertising purpose at any time by notifying the controller named at the beginning of this document. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
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Our e-mail newsletter is sent by the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede ("CleverReach"), to which we pass on your data provided during the newsletter registration. This disclosure is made in accordance with Art. 6 (1) point f GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. The data you enter for newsletter subscription (e.g. e-mail address) will be stored on CleverReach's servers in Germany and Ireland.
CleverReach uses this information to send and statistically evaluate newsletters on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links have been clicked on. With the help of the so-called conversion tracking, it can also be determined whether a pre-defined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is exclusively collected in a pseudonymized format and is not linked with your other personal data, preventing you from being identified. This data is exclusively used for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
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You can read more about CleverReach's data analysis at: https://www.cleverreach.com/en/features/reporting-tracking/
7) Processing of Data for the Purpose of Order Handling
7.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
7.2 Use of Payment Service Providers
If you choose a payment method from the payment service provider Mollie, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands, to whom we will pass the information you provide during the ordering process, together with information about your order (name, address, IBAN, BIC, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Mollie and only to the extent necessary.
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and the conversion tracking within the framework of Google Ads, operated by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google"). We use the program of Google Ads to draw attention to our attractive offers with the help of advertising materials (so-called Google Adwords) on external websites. We can determine, in relation to the advertising campaigns data, how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you. We want to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set on a user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to recognize that the user clicked on the ad and was forwarded to this page. Each Google Ads customer gets a different cookie. Thus, cookies cannot be traced via the website of Google Ads customers. The information collected by the conversion cookies is used to provide aggregate conversion statistics to Google Ads customers who have opted-in for conversion tracking. Customers are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by deactivating the Google Conversion Tracking cookie via your Internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. We use Google Ads on the basis of our legitimate interest in targeted advertising in accordance with Art. 6 (1) point f GDPR. When using Google Ads, personal data may also be transmitted to the servers of Google LLC. in the USA.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list..
You can permanently deactivate cookies for advertising preferences by blocking them via a respective setting of your browser software or by downloading and installing the browser plug-in, available under the following link:
9) Web Analysis Services
Google (Universal) Analytics
- Google Universal Analytics
This website uses Google Analytics, a web analysis service of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Analytics uses so-called cookies, which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website (including the shortened IP address) is generally transmitted to a Google server and stored there. When using Google Universal Analytics, personal data may also be transmitted to the servers of Google LLC. in the USA
This website uses Google Analytics exclusively with the extension "_anonymizeIp()", which ensures an anonymization of the IP address by shortening it and excludes a direct personal relationship. As a result of the extension, your IP address will previously be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.
On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
As an alternative to the browser plug-in or for browsers on mobile devices, please click on the following link in order to set an opt-out cookie which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you must click again on this link):Disable Google Analytics
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. Iis certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
This website also uses Google Analytics for a device-independent analysis of visitor flows, which is carried out via a user ID. When a page is accessed for the first time, the user is assigned a unique, permanent and anonymous ID, which is set across all devices. This makes it possible to assign interaction data from different devices and from different sessions to a single user. The User ID does not contain any personal data and does not transmit such data to Google. The collection and storage of data via the User ID can be revoked at any time with effect for the future. To do this, you must deactivate Google Analytics on all systems that you use, for example in another browser or on your mobile device.
You can deactivate Google Analytics by using a Google browser plugin (https://tools.google.com/dlpage/gaoptout?hl=en). As an alternative to the browser plug-in or within browsers on mobile devices, please click the following link to set an opt-out cookie that will prevent Google Analytics from collecting cookies from this site in the future (this opt-out cookie only works in this browser and only for this domain, if you delete your cookies in this browser, you will need to click this link again):Disable Google Analytics
10) Retargeting/Remarketing/ Referral Advertising
Google Ads Remarketing
Our website uses the functions of Google Ads Remarketing, which enable us to advertise our website in Google search results, as well as on third-party websites. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). To this end, Google places a cookie in the browser of your terminal device, which automatically uses a pseudonymous cookie ID on the basis of pages you visited to allow interest-based advertising. Processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 (1) point f GDPR.
Any additional processing will only take place if you have agreed with Google that your Google Internet and app browsing history will be linked to your Google Account and information from your Google Account will be used for personalized ads you view on the web. If you are logged in to Google while visiting our website, Google will use your data in connection with Google Analytics data to create and define target group lists for cross-device remarketing. To this end, Google temporarily links your personal data with Google Analytics data to create target groups. When using Google Ads, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can permanently disable the setting of cookies for advertising preferences. You may download and install the browser plug-in available at the following link: https://www.google.com/settings/ads/onweb/
Alternatively, you can contact the Digital Advertising Alliance at www.aboutads.info to find out how to set cookies and to make the relevant settings. Finally, you can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them, or whether to exclude the acceptance of cookies for certain cases or in general. If cookies are not accepted, the functionality of our website may be limited.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
11) Tools and Miscellaneous
11.1 Google Customer Reviews (formerly Google Certified Dealer Program)
We cooperate with Google LLC in the framework of the "Google Customer Reviews" program. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The program offers us the opportunity to obtain customer reviews from users of our website. After making a purchase on our website, you will be asked whether you would like to participate in a Google e-mail survey. If you give your consent pursuant to Art. 6 (1) point a GDPR, we transmit your e-mail address to Google. You will receive an email from Google Customer Reviews asking you to rate the shopping experience on our site. The feedback you provide will then be combined with our other reviews and displayed in our Google Customer Reviews logo and Merchant Center dashboard and will also be used for Google seller reviews. When using Google Customer Reviews, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can revoke your consent at any time by sending a message to the controller responsible for data processing or to Google.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. isIs certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
For more information about Google's privacy practices with Google Customer Reviews, please visit https://support.google.com/merchants/?hl=en-GB#topic=7259123
For more information about Google Seller Ratings' privacy practices, visit this link: https://support.google.com/adwords/answer/2375474
11.2 Google Maps
Our website uses Google Maps (AP’I) of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google Maps is a web service for displaying interactive (country) maps in order to display geographical information visually. Using this service will show you our location and will make it easier for you to find us.
When you access the sub-pages that contain the Google Maps map, information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles. If you want to do so, you must contact Google to exercise this right.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. is Is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
12) Rights of the Data Subject
12.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR
12.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
13) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in further storage.