Table of Content
· I. scope, contracting party, customer service
· II. conclusion of contract
· III. right of revocation
· IV. delivery conditions
· V. payment conditions
· VI. retention of title
· VII. warranty
· VIII. consumer abitration board
· IX. online dispute resolution
· X. applicable law and place
I. scope, contracting party, customer service
The following terms and conditions apply for all over our web presence closed contracts.
Contracting party (following „we“ or „us“) in the order of products are:
Solidschuhwerk GmbH. Ehrenbergstraße 18. 78532 Tuttlingen, Deutschland, Tel.: +490746196120, E-Mail: firstname.lastname@example.org, authorized representative manager: Thomas Bauerfeind, Yvonne Breinlinger-Scheuring, register court: district court Stuttgart, register number: HRB 450407, salex tax-identification number: DE811219806,
Schuh Volk oHG, Rechbergstr. 3, 79215 Elzach, Germany, Tel.: +49 7681 6511, E-Mail: email@example.com authorized representative manager: Lisa Volk, Andreas Volk, Ulrich Volk, registercourt: district court Freiburg, register number: HRA 280453, sales tax-identification number: DE 814319209.
You can contact our customer hotline from Mo. - Fr. 09.00 - 17.00 Uhr under the telefon number +49 7681 6511 or per E-Mail at: firstname.lastname@example.org.
II. conclusion of contract
(1) The presentation and advertising of products on our website does not constitute a blinding offer for conclusion of a contract, it is an invitation to sumbit an offers (request)
(2) You can give your offer over our website ordering options. The terms and conditions are becoming part of the contract, when we inform you at the conclusion of the contract to our terms and conditions and take cognizance of the content and agree of our terms and conditions.
(3) The conclusion of the contract over the online ordering options are carried out in the following steps:
(a) You can select the offered products and add to the electronic shopping cart. Befor closing the contract you can view and change the content of the electronic cart. You can correct your entries using the usual mouse and keyboard functions as well as the "Back" function of your internet browser before completing the ordering process by clicking on the button "Order subject to payment". You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (“magnifying glass function”) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.
(b) by sumitting an order via the online ordering option of our website by clicking the button „Order subject to payment“, you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the corresponding checkbox.
(c) We will confirm the receipt of your order immediately by e-mail. In this e-mail your order will be listed again. You can print this out using the “Print” function. This automatic confirmation of receipt merely documents that your order has been received by us; it does not constitute acceptance of your application unless, in addition to confirming receipt, we expressly declare acceptance at the same time.
(d) You are bound to the order for a period of 5 days after placing the order; your possibly existing right to revoke your order remains unaffected.
(e) The contract is only concluded when we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).
(4) In our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our general terms and conditions and the order confirmation. In addition, you have the option of viewing past and current orders in your customer account (“My Account”) if you have registered with us a customer.
(5) The contract text is not stored by us and is no longer available to you in our online store after the conclusion of the contract.
(6) The conclusion of contract takes place in german.
(7) If the delivery of a product ordered by you is not possible, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(8) Insofar as you have provided your e-mail address as part of the ordering process or also as part of other inquiries, it is your responsibility to ensure that the e-mail address you have provided exists, is correct and that you can receive e-mails at this e-mail address from us or from third parties who have been commissioned by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.
(9) You agree to an invoice sent electronically.
(10) All prices stated on our website are total prices including VAT and other price components plus shipping costs.
III. right of revocation
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly neither be attributed to his commercial or self-employed professional activity, you have a right of revocation in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our cancellation policy.
IV. delivery conditions
(1) Unless otherwise agreed, the delivery will be made to the delivery address provided by you.
(2) If you choose the payment method PayPal, the delivery will be made to the delivery address you provided to PayPal at the time of payment..
(3) The delivery period is 2-4 working days, unless otherwise stated in the product description or agreed otherwise with you. It begins with the conclusion of the contract.
(4) Self collection of your ordered goods is not possible.
V. payment conditions
We offer the following payment methods:
(1) We offer payments with the following credit cards via the payment service provider Wallee AG, General-Guisan-Strasse 47, CH-8400 Winterthur (Switzerland): VISA, MasterCard, Maestro. Your credit card partner will be instructed to debit the invoice amount from your credit card account after the conclusion of the contract.
(2) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"):
PayPal Lastschrift: In diesem Fall erfolgt die Zahlungsabwicklung durch einen Einzug unseres Anspruchs auf Zahlung des vereinbarten Preises per SEPA-Lastschrift durch PayPal. Our claim to payment of the agreed price becomes due after the SEPA Direct Debit Mandate has been issued, as soon as the period for advance notification to make payment by direct debit, so-called prenotification, has expired. This prenotification is a message from PayPal on our behalf to you, which announces a payment collection by SEPA direct debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. After issuing a SEPA Direct Debit Mandate, the collection by PayPal will only take place after the deadline for prenotification has expired. In the event that a payment collection by SEPA direct debit is not possible because the specified account is not sufficiently covered, an incorrect bank account was specified or you object to the collection without authorization, you have to bear those fees in the case of a representative obligation, which arise from a chargeback of the relevant credit institution. You reserve the right to prove that no or only minor damage was caused by the chargeback.
PayPal credit card: In this case, payment will be processed by charging a credit card provided by you in the amount of our claim for payment of the agreed price by PayPal. Our claim for payment of the agreed price is due only after your order has been shipped. We accept credit cards from the providers Master Card, Visa and American Express through our partner PayPal. When selecting this payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further instructions during the ordering process. If you return one or more items, the corresponding value of goods will be credited back to the originally charged credit card. Your credit card data will be transmitted encrypted via SSL. Verified by VISA and MasterCard Secure Code enable the particularly secure processing of credit card transactions on the Internet using special encryption procedures. You do not need any software on your computer. Both customers who are already registered and those who are not yet registered will be automatically redirected to their bank's site via the payment processing. To complete the order successfully, please follow the steps indicated there.
(3) Payment processing via the payment service provider SOFORT: We offer you payment processing via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). If you use the payment processing via SOFORT, you must have an online banking account that is activated for this form of payment processing. After submitting your order, you will be redirected to a SOFORT website. There you have to legitimize yourself and give SOFORT the order to make the payment via your online banking account using PIN/TAN. The initiation of the transaction of the payment as well as the corresponding debit of your online banking account will be carried out immediately after the order of "SOFORT". Further information on this payment method and the payment processing by "SOFORT" can be found on the following website https://www.klarna.com/sofort/.
(4) You can change the payment method stored in your user account at any time.
(5) If you request delivery to a country that is not part of the European Union, this may result in additional costs for which we are not responsible and which must be borne by you. These include, among other things, fees for the transaction of funds abroad by credit institutions, such as transfer or exchange rate fees. In addition, there may be public charges caused by the import such as taxes or customs duties. We would like to point out that such transaction-related costs may also be incurred, irrespective of the place of delivery, if you make the payment from a country that is not part of the European Union.
VI. Retention of title
Until full payment of the purchase price, the delivered goods remain our property.
(1) We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) If goods are delivered to you that show obvious transport damage, we ask you to notify us of this and to complain about the transport damage to the deliverer. However, this does not affect your statutory or contractual warranty rights.
VIII. consumer abitration board
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
IX. online dispute resolution
The EU Commission has set up an Internet platform for the online settlement of disputes (ODR platform) between entrepreneurs and consumers. The ODR platform can be reached at https://ec.europa.eu/consumers/odr/
X. applicable law and place
(1) The law of the Federal Republic of Germany shall apply to the conclusion and execution of all contracts to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as the protection granted is not restricted by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) In business transactions with merchants and legal entities under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same shall apply if an entrepreneur does not maintain a general place of jurisdiction in Germany or if his place of residence and/or habitual abode is unknown at the time the action is brought. Our right to call upon the court at another legal place of jurisdiction remains unaffected by this.