|§ 1 Miscellaneous - Validity
1. These terms and conditions of business apply to any and all present and future business relationships.
2. Consumers within the meaning of these terms and conditions are natural persons with whom we enter into a business relationship.
Customers within the scope of these terms and conditions are consumers.
3. Deviating, contradictory or additional general terms and conditions, even when known, do not become part of any contract unless we agree to their validity expressly in writing.
§ 2 Sales contract
1.Placement of a purchase order is the binding intent of a customer to purchase the merchandise ordered. The placement of a purchase order constitutes a sales contract unless we refuse the order within 24 hours of placement.
We are entitled to transfer sales contracts to third parties with which we have respective agreements for processing of same. In this case invoicing for the respective contract is done on account of and through the third party commissioned by us.
2. Should the consumer order merchandise by electronic means we shall acknowledge receipt of the order immediately. The acknowledgement of receipt of order does not constitute a binding acceptance of the order. Acknowledgement of receipt of order and order confirmation can be combined.
The purchase order is saved by us and will be mailed to the customer together with these general terms and conditions of business upon request.
For deliverys outside germany:
If an article should have a delivery time, the complete order is only then delivered, if the order is complete.
§ 3 Withdrawal
You have the right to cancel within fourteen days without giving any reason this contract.
The withdrawal period is fourteen days from the date on which you or a third party named by you, which is not the transpor, the goods have taken physical possession of.
To exercise your right of cancellation, you must notify us
06366 Köthen (Anhalt)
by a clear statement (eg a consigned by post mail, fax, email, or return request) of your decision to withdraw from this contract, inform.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawalIf you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery ), immediately and repay later than within fourteen days, on which the notification is received about your cancellation of this contract with us.
For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in no case be calculated because of this repayment charges. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract, to us
06366 Köthen (Anhalt)
returned or transferred.
The deadline is met if you send back the goods before the period of fourteen days.
You bear the direct cost of returning.
You only need to pay for a possible loss of value the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods dealing with them.If you want to cancel the contract, then please fill out a form and send it back by fax, email or by post.
06366 Köthen (Anhalt)
Hereby give notice that (n) (I / we) the by me / us (*) concluded contract for the purchase of the following products (*) / provision of the following service
(*):Appointed on (*) / received on (*)
Name of person / consumer (s)
Address of person / consumer (s)
Signature of / consumer (s) (with message on paper)
Order number or customer number
§ 4 Terms of payment
1. The prices offered are binding.Consumers are charged a flat shipping rate. We charge current postage fees, puplished on our homepage at www.shoes4u.de. Order placement by means of telecommunication facilities incurs no further cost.
In case of shipment to Germany and a shipment value of less than Euro 80,00 we charge a flat shipping rate of Euro 3,95 per small packet or parcel. In case of shipment to Germany and a shipment value of over than Euro 80,00 we send free of charge.
2. The consumer outside Germany must pay by credit card, paypal or cash before delivery.
We accept the following credit cards:
We reserve the right to charge interest on all overdue consumer accounts at 5 % above the current base rate.
3. The customer has a right to compensation only if their demands have been acknowledged by arbitration or if we have accepted them. The customer can execute his right to retain only if his demand is based on the same contract.
5. In case of payment by bank transfer (cash in advance) the following banks can be used for remittances:
Name of Bank: Commerzbank Köthen
IBAN: DE82 8004 0000 0607 7960 00
§ 5 Terms of delivery and passing of risk
1. The risk of loss or damage passes to the purchaser at the time of receipt of goods.
2. Passing of risk is not subject to undue acceptance of merchandise by purchaser.
3. In case of a contract with a consumer the delivery time is extended if unforeseen disruptions beyond our control should arise, e.g. acts of god, force majeure, disruptions within our business operations, strike, delay in the delivery of raw materials by our suppliers as long as these raw materials represent an essential part of the merchandise to be delivered. This is also true in case of disruptions within the operations of our suppliers. The delivery time is extended in accordance with the period of the disruptions.
§ 6 Retention of title
1. In case of contracts with consumers we retain title of the merchandise until payment in full has been received.
2. The customer is obliged to handle the merchandise with care. Should maintenance or service work be required, the customer has to carry this out regularly and at his own expensen.
3. The customer is obliged to notify us immediately of third party access to the merchandise e.g. in case of pawning or in case of damages to or destruction of the merchandise. The customer must notify us immediately of a move or change of address or when possession of merchandise has passed to a third party.
4. We are entitled, in case of breach of contract by the customer, especially in case of overdue payment or breach of number 2 and 3 of this paragraph, to withdraw from the contract and demand return of merchandise.
§ 7 Warranty
1. When dealing with customer we reserve the right to repair defective merchandise or supply replacement.
2. In case of a claim due to defect a consumer is entitled to chose whether he wants fulfilment of the order by having the defective merchandise repaired or replaced.
However, we reserve the right to refuse the kind of fulfilment chosen in case it is possible only at extraordinary expense and the alternative kind of fulfilment bears no disadvantage for the consumer.
3. If fulfilment of the order fails the customer can always chose to claim a discount on the purchase price or cancellation of contract. In case of minimal breach of contract especially in case of minimal defects the customer has no right to cancel.
4. Consumers must inform us in writing within a period of two months upon receipt of the merchandise about any obvious defect of the merchandise. Acceptance of such notification is subject to receipt of notification in our offices within the time specified above. Should the consumer not notify us in writing within the two-month period after detection of the defect his right to claim compensation under warranty is forfeited. This does not apply in case of malice by seller. The consumer has to prove the time of detection of defect.
Should the consumer have been persuaded to purchase the merchandise under wrongful pretence he has to prove such allegation. In case of used merchandise the consumer bears the burden to prove default on our part.
5. Should a customer chose to withdraw from the contract after fulfilment of contract failed, he is not entitled to further compensation.
Should a customer chose compensation after fulfilment of contract failed he will retain merchandise, if this can reasonably be expected. Compensation is restricted to the discrepancy between purchase price and value of the defective merchandise. This does not apply in case we cause this breach of contract maliciously.
6. For customers the warranty is two years from delivery of goods. In case of used objects the statute of limitations expires after one year from the date of delivery of merchandise. This does not apply if the customer did not notified us of the defect in time (see number 4 of this paragraph).
§ 8 Limited liability
1. In case of slight negligence within the execution of our obligations our liability is limited to foreseeable, typical and direct average damages in relation to the intended use of our merchandise. This also applies to slight negligence on the part of our legal representatives, staff or contractors.
2. The aforementioned limited liabilities do not apply towards claims of our customers with respect to product liability. They also do not apply in case of bodily harm or loss of life of a customer.
3. The statute of limitations for claims for compensation on the part of our customer due to defects expires after one year after delivery of merchandise. This does not apply in case we can be accused of malice.
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