Our terms and conditions
§ 1. General terms, Scope
(1) The following Terms and Conditions apply to all contracts concluded with us for the purchase and delivery of goods through the online shop www.shoes-world.de. The terms and conditions shall only apply if the buyer is an entrepreneur within the context of the German civil code § 14 (BGB).
(2) Our Terms and Conditions apply exclusively. Any deviating, conflicting or additional terms and conditions of the buyer, even if known, shall not become part of the contract, unless their validity has been expressly consented to. This approval requirement shall apply in any case, for example even if, with the knowledge of the General Business Terms and Conditions of the buyer, we carry out the delivery without reservation.
(3) Individual agreements made with the buyer in specific cases (including supplementary agreements, additions and amendments) shall in any case take precedence over these Terms and Conditions.
(4) Any references to the validity of legal regulations are for clarification purposes only. Even without such a clarification, the legal regulations shall therefore apply, unless they are directly amended or expressly excluded in these Terms and Conditions.
§ 2. Order process and conclusion of contract
(1) Our offers in the online shop are non-binding. The display of goods in our online shop does not represent an offer, but rather a non-binding invitation for the buyer to order.
(2) By placing an order for the desired goods, the buyer makes a binding offer of contract. We will confirm the receipt of the customer's order immediately. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if we expressly declare so. The acceptance of an order by call does not represent a binding acceptance on our part.
(3) We have the right to accept the contractual offer contained in the order within three working days after receipt. The purchase contract with the buyer is only concluded upon our acceptance.
§ 3. Prices
(1) The prices are in EUR ex stock plus the statutory sales tax. In the case of mail-order purchases, the price is subject to a shipping fee. The shipping fees are specified under the link "Shipping".
(2) If the delivery is made to a non-EU country, customs duties, fees, taxes and other government charges may be due in addition to the purchase price. These will be borne by the buyer and are to be paid directly to the relevant customs or tax authority. Further information can be found on the following websites, for example:
on import turnover tax: http://auskunft.ezt-online.de/ezto/Welcome.do
and specifically for Switzerland: http://xtares.admin.ch/tares/login/loginFormFiller.do.
(3) If payment is made by cash on delivery, the buyer will be charged additional cash on delivery and shipping fees (§ 4 Abs. 1c).
§ 4. Terms of payment
(1) The price must be paid in advance. We offer the following payment options to the buyer:
a) Payment in advance by bank transfer
With this payment method, the buyer transfers the purchase price in advance to our bank account, which we will inform the buyer of in the order confirmation. The goods will only be dispatched after receipt of payment.
b) Payment in advance by PayPal
PayPal is an online payment service of the company PayPal (Europe) S.à r.l. et Cie, S.C.A., which includes a real-time payment solution. In order to use this payment method, it is necessary for the buyer to set up a PayPal account in advance where the buyer provides their bank and credit card details. When paying by PayPal, the purchase price is deducted from the buyer's PayPal account and therefore ultimately from their bank or credit card account; at the same time, our PayPal account is credited accordingly. The goods will be dispatched afterwards.
c) Payment by cash on delivery within Germany
With this payment method, the buyer pays the purchase price upon delivery of the goods. In addition to the shipping costs, the buyer must pay a cash on delivery fee of 6.95 EUR as well as a delivery fee of 2.00 EUR. The payment method "cash on delivery" is only available for deliveries within Germany.
d) Payment in advance by immediate bank transfer
Immediate bank transfer is an online payment system of the company Sofort AG for cashless payment online. With the immediate transfer, the buyer provides information in addition to their personal bank info including a PIN and a valid TAN on a website to the company Sofort AG, whereupon Sofort AG executes the actual transaction in the name of the buyer with the bank of the buyer. When choosing this payment method, the buyer is automatically redirected to the website of Sofort AG (www.sofort.com) after completing the order process, to initiate the transfer using their online banking data. The goods will be dispatched after receipt of payment.
(2) The buyer must indicate the order number provided in the order confirmation as the reason for payment. If the reason for payment is different or not specified, problems of allocation may occur. In this case, we are not responsible for any delays that may occur due to these circumstances.
§ 5. Delivery, Place of performance
(1) Delivery is ex stock and this is also the place of performance.
(2) If a sale by delivery to a place other than the place of performance has been agreed on, we shall ship the goods to the delivery address specified by the purchaser. Unless otherwise agreed on, we shall be entitled to determine the type of shipment (in particular shipping company, shipping route, packaging) ourselves.
(3) The delivery deadlines shall commence on the day of receipt of the full purchase price if delivery by advance payment has been agreed on, or (b) on the day the contract is concluded if payment by cash on delivery or payment on account has been agreed on.
(4) The day on which the goods are handed over by us to the shipping company is solely decisive for compliance with the shipping date.
(5) If no delivery deadline has been agreed on, dispatch within five working days from the date applicable pursuant to paragraph 3 shall be considered agreed on.
(6) We are entitled to make partial deliveries of separately usable goods included in one order, in which case we shall bear the additional shipping costs incurred.
(7) We shall not be liable for impossibility of delivery or for delivery delays if these have been caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, strikes, lawful shutdowns, lack of power or raw materials, official measures) for which we are not responsible. If such events make delivery or performance considerably more difficult or impossible for us and the disruption is not just temporary, we are entitled to withdraw from the contract. In the event of temporary disruptions, the delivery or service deadlines shall be extended or the delivery or service dates moved by the period of the disruption plus a reasonable restart period. If the buyer cannot reasonably be expected to accept the delivery or service as a result of the delay, the buyer may withdraw from the contract by an immediate written statement towards us.
(8) If we fall behind with a delivery or service or if a delivery or service is impossible for us for whatever reason, our liability for damages is limited in accordance with § 8 of these Terms and Conditions.
§ 6. Passing of risk
The risk of accidental loss or damage to the goods is transferred to the buyer at the latest upon delivery. In the case of mail order purchases, however, the risk of accidental loss or damage to the goods is transferred upon delivery of the goods to the shipping agent, carrier or other person or institution designated to carry out the shipment. It is deemed equivalent to handover if the buyer is in default of acceptance.
§ 7. Warranty and reprimand duty
(1) The statutory provisions shall apply to the rights of the buyer in the event of material defects and legal defects (including incorrect and incomplete deliveries), unless otherwise specified in the following. In all cases, the statutory special regulations remain unaffected in the case of final delivery of the goods to a consumer (supplier recourse according to §§ 478, 479BGB).
(2) If the purchase is a commercial transaction for the buyer, the buyer must examine the delivered goods immediately after delivery. The delivered goods shall be deemed to have been approved by the buyer if a defect is not indicated in text form:
(a) in the case of obvious defects (including incorrect and incomplete delivery) within seven working days of delivery or
(b) in case of other defects, within seven working days after discovery of the defect.
Punctual sending shall be sufficient for observance of the deadline.
(3) The buyer must give us the time and opportunity necessary for the subsequent performance owed, in particular handing over the rejected goods for inspection purposes. In the event of a replacement delivery, the buyer shall return the defective item to us in accordance with the statutory provisions.
(4) We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, shipping, labour and material costs, if a defect actually exists. If, however, a demand for defect rectification by the buyer turns out to be unjustified, we are entitled to demand reimbursement of the costs incurred by the buyer.
(5) The buyer's claims for damages or compensation for wasted expenses shall only exist in accordance with § 8 of the Terms and Conditions and are otherwise invalid.
(6) A delivery of pre-owned items agreed with the buyer in individual cases shall be made without any warranty for material defects.
§ 8. Other liability
(1) Unless otherwise stated in these Terms and Conditions, including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In case of minor negligence we shall only be liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and the fulfilment of which the contractual partner regularly relies and may rely on).
In the case of minor negligent breaches of obligation, our liability shall be limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen if we had exercised standard commercial care. Indirect damages and consequential damages resulting from defects of the delivered goods are only eligible for compensation if such damages are typically to be expected when the delivered goods are used as intended.
The above exclusions and limitations of liability shall apply to the same extent in favour of our executive boards, our legal representatives, our employees and other vicarious agents.
(3) The limitations of liability resulting from paragraph 2 shall not apply if we have fraudulently not disclosed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act (Produkthaftungsgesetz).
(4) We are not liable for the functionality of data networks, servers or data connections to a data center and the constant availability of our online shop.
§ 9. Retention of title
(1) We reserve title to the goods until the purchase price has been paid in full.
(2) Prior to complete payment of the secured claims, the goods for which ownership is reserved can neither be pledged to third parties nor assigned as collateral.
The purchaser must inform us immediately if and to which extent third parties have access to the goods belonging to us.
(3) The buyer is entitled to resell the goods under reservation of title in the ordinary course of business. In this case the following additional provisions shall apply.
(a) The buyer hereby assigns any claims against third parties arising from the resale of the goods as a precautionary measure to us. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply in consideration of the assigned claims.
(b) In addition to us, the buyer remains authorised to collect the claim. We undertake not to collect the claim as long as the buyer: meets his payment obligations to us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other defect in their ability to pay.
However, if this is the case, we can demand that the buyer: informs us of the assigned claims and their obligors, provides all information necessary for collection, hands over the relevant documents and informs the obligors (third parties) of the assignment.
(c) If the realisable value of the securities exceeds our claims by more than 10%, we will release securities of our choice on request of the buyer.
§ 10. Contract language, choice of law and place of jurisdiction
(1) The contract language is German
(2) These Terms and Conditions and all legal relations between us and the buyer shall be governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. Conditions and effects of the retention of title according to § 9 are subject to the law of the respective location of the matter, as long as the choice of law made in favour of the German law is inadmissible or ineffective.
(3) If the buyer is a merchant within the meaning of the German Commercial Code, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Kiel. However, we are also entitled to take legal action at the general place of jurisdiction of the buyer. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected from this regulation.