General Terms and Conditions
On: March 2007
SCHUHDEALER
G&M Sportartikelvertrieb
Frank Müller
Niederlagstr. 8
01589 Riesa
Tel.: +49 (0) 03525 51 03 00
Fax: +49(0)3525 52 00 22
E-Mail: Info@Schudealer.de
VAT ID no.: DE197036882
§ 1 Scope of application
1.1. Deliveries, services and offers provided by Mr. Frank Müller (hereinafter referred to as seller) in the Schuhdealer online shop are exclusively based on the following terms and conditions.
1.2. Customers within the meaning of these terms and conditions are both consumers and companies.
1.2.1. Consumers are any individual entering into a transaction for purposes, which are not related to their commercial or self-employed activities.
1.2.2. Companies are any individual, corporate body or incorporated partnership entering into a contract related to their self-employed or commercial activities.
§ 2 Conclusion of the contract
2.1. Our prices include VAT at the current rate.
2.2. All prices given in our online shop are special online prices. These prices only apply to orders made through the online shop. Please be aware that availability and prices of products in our online ship may be different to those at our retail locations.
2.3. The customer enters into a binding agreement to order the goods in the shopping basket by placing an order or clicking on the order button. Confirmation of the order will immediately follow after the order has been sent. The sales contract will come into force when the seller has confirmed the order or the goods have been delivered.
2.4. Taxes and/or other charges, e.g. customs duty, may be charged for deliveries abroad. Requirements and amounts charged are determined by the relevant country and cannot be altered by the seller. The seller expressly states that he will not cover these costs. The customer is responsible for finding out about these costs beforehand.
§ 3 Terms of delivery and shipping, reservation of title
3.1. Delivery of the purchased goods will be made exclusively to the delivery address provided by the customer. Should the customer wish to change the delivery address, he must make a request to do so in writing, including email, and must receive confirmation from the supplier.
3.2. Prices do not include postage, packaging or insurance unless otherwise specified. Additional delivery and shipping costs therefore apply for the delivery of goods both within the country and abroad. Please refer to the delivery costs table for further details http://www.schuhdealer.de/Versandkosten:_:1.html.
3.3. The basic time for delivery starts immediately after the contract is concluded (see 2.4) and is 14 working days.
3.4. Cash on delivery is only available for deliveries within Germany and to Austria. Additional cash on delivery charge will be made on top off the purchase price, postage and packaging. This charge is usually EUR5.50, but depends on the delivery service used and is subject to change.
3.5. The risk of accidental loss or damage to the goods sold to a company will be transferred to a suitable delivery person while the goods are being transferred to the customer himself or an individual authorised to accept the parcel.
3.5.1. In the case of delivery to consumers, the risk of accidental loss or damage of the goods sold will not be transferred to the consumer until the goods are handed over.
3.5.2. The handover will still occur if acceptance is delayed.
3.6. The goods will remain the property of the seller until full payment s received (reservation of title).
§ 4 Warranty
In the event that any of the purchased goods have defects, legal implied warranty applies. If damage has been caused through improper use or handling of the item, warranty will not apply in any case; the same applies to so-called deliberate wear and tear.
§ 5 Right of revocation
5.1. The following applies to consumers in the sense of section 13 of the BGB (German Civil Code):
Revocation rights information / Revocation rights
As a consumer, you can terminate the contract without explanation within 14 days in writing (e.g. letter, fax or email) or by returning said goods. The deadline starts at the earlier on the contract’s effective date but not before the receipt of goods delivered. Revocation shall be considered timely if the written revocation notice or goods are dispatched within the period of revocation. The revocation is to be addressed to:
SCHUHDEALER
G & M Sportartikelvertrieb
Frank Müller
Niederlagstr.8
01589 Riesa
Fax: +49(0)3525 52 00 22
Email: Info@tanc.de
5.2. Exclusions from revocations
The revocation right does not exist in the case of contracts involving:
- the delivery of goods which have been produced according to customer specifications, are clearly custom-made, which are unsuitable for return due to their characteristics, which may quickly deteriorate or have exceeded their expiry date.
- the delivery of audio or video recordings (e.g. CDs and DVDs) or software if the data seal has been broken.
- the delivery of newspapers, magazines and journals.
5.3. Consequences of revocation
In the event of an effective revocation either party is obliged to return any performance received and compensate the other for any benefits derived (e.g. interest). If you are unable, in whole or in part, to return the goods or return them in a deteriorated condition, you will be required to pay compensation. This shall not apply if the deteriorated condition of the goods is attributable to testing as it might have been performed at a retail shop. You can also avoid the obligation to pay compensation by avoiding use of the goods as an owner and by refraining from any action, which would reduce their value. You will bear the cost of the return if the goods delivered were those ordered, if the goods to be returned have a purchase value of under EUR40.00, you have not yet paid for goods of a higher value or have made a partial payment. Otherwise, the return of the goods will be free for you.
Never affix labels to the original manufacturer’s packaging when returning goods, but place the goods them in an additional box.
§ 6 Exchanges
In addition to the revocation rights outlined in section 7, SCHUHDEALER offers customers the possibility of exchanging purchased goods within (14) fourteen days of receipt of the goods subject to the following conditions.
6.1. The customer must give notification of their intension to exchange the goods. The exchange shall be considered timely if the notice is dispatched within the period of revocation to: Email: info@schuhdealer.de. ; Fax: +49(0)3525/520022 angemeldet wird.
6.2.The customer must pay compensation if the retuned goods are not in their original packaging and/or are used/dirty. We therefore ask that customers keep the original packaging and manufacturer’s labels and not to use the item purchased until they are certain that it will not be exchanged. Never affix labels to the original manufacturer’s packaging when returning goods, but place them in an additional box.
6.3. SCHUHDEALER will not pay for the costs resulting from the return of goods to be exchanged. The customer must therefore affix a sufficient number of stamps. SCHUHDEALER does, however, deliver the replacement item free of charge. No extra delivery charges will therefore result from the exchange. These rules do not apply to exchanged goods, which are used/worn contrary to point 6.2. If the exchange is refused for this reason, the customer is required to pay for postage and packaging for the new delivery. Postage and packaging must be paid for in advance. Schuhdealer is entitled to withhold the goods until the customer has paid for postage and packaging.
§ 7 Liability
The seller is not liable for damages, which he, his legal representative or vicarious agents have caused due to simple negligence. This applies without regard to the legal form of the validated claim, especially due to default, other breaches of duty or unlawful acts. These liability limitations do not apply to damages caused to body, life or health or damages caused by the failure to comply with main contract obligations (cardinal obligations).
§ 8 Data Protection
Applicable personal data will be saved, processed and used by SCHUHDEALER to deal with the contract. This will involve the transfer of information to a third part through the (online) processing tool "afterbuy". Personal details will therefore be forwarded to VIA-Online GmbH, Kimplerstraße 296 in 47807 Krefeld / Germany. No further transfer of personal data to their parties will take place without express permission form the customer.
§ 9 Disclaimer
Despite careful control of content we do not accept liability for the content of any external links. Operators of the linked sites are exclusively responsible for their content.
§ 10 Other / Legal venue
10.1. The laws of the Federal republic of Germany apply. These laws only govern customers who enter into a contract for non-professional or commercial reasons if the protection granted is not revoked by the obligatory conditions in the law of the country in which the buyer is usually a resident.
10.2. The conditions of the United Nations Convention on the Assignment of Receivables in International Trade (UN trade law) no not apply.
10.3. If a company has no legal venue in Germany or the address or usual residence is unknown when the case is filed, the exclusive legal venue for all disputes arising fro this contract is SCHUHDEALER’s place of business. The right of SCHUHDEALER to select another legal venue herewith remains intact.
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