General terms and conditions
General terms and conditions for contracts concluded via the webshop www.vickermannundstoya.de
Vickermann & Stoya Maßschuhe oHG
telephone: +49 7221 392401
registered in the commercial register of the Mannheim District Court under HR-A 706030, represented by the managing director Matthias Vickermann, VAT indentification number: DE238966134
the costumer named in § 2 of the contract – hereinhafter referred to as “provider”-
to be closed
§ 1 Scope, definitions
(1) The following General Terms and Conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognised unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer, unless the purpose of the ordered deliveries and services can be attributed predominantly to his commercial or independent professional activity. On the other hand, entrepreneurs are any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(3) Products are all goods and services offered by the provider.
§ 2 Conclusion of the contract
(2) The provider then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The automatic acknowledgement of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded by the delivery of the declaration of acceptance by the provider, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest at the time of delivery of the products, the text of the contract (consisting of an order, terms and conditions and order confirmation) will be sent to the customer by the provider on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in German.
§ 3 Processing time, delivery, availability
(1) If no or no different processing time is specified for the respective products in the provider’s webshop, it is usually 7 days. The processing time is calculated from the receipt of the shoes by the supplier until they are handed over to shipping service providers. The delivery time of the shipping service provider is 2-3 working days per transport route.
(2) The dispatch of the product to the provider is subject to the customer’s obligation to cooperate. The supplier only owes the proper delivery of the product to the shipping service provider when returning it after repair to the customer. A transfer of risk after the exercise of the right of withdrawal remains unaffected.
(3) If products selected by the customer are not available at the time of the customer’s order, the provider will inform the customer immediately in the order confirmation. If the product is permanently unavailable through no fault of the provider, the provider expressly reserves the right to withdraw from the contract. Any payments already made will be refunded immediately.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.
(5) The following delivery restrictions exist: The provider only delivers to customers who can specify an invoice and delivery address in Germany.
§ 4 Prices and shipping costs
(1) All prices stated in the provider’s webshop are inclusive of the applicable statutory value-added tax without the shipping costs incurred.
(2) The corresponding delivery and shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The shipping of the products by the provider is carried out by post and exclusively via the shipping service provider DPD. If the customer wishes special transport insurance, he must inform the provider before concluding the contract and agree with it.
(4) In the event of a revocation, the customer must bear the direct costs of returning the goods.
§ 5 Methods of payment
(2) The customer can change the payment method stored in his user account at any time.
(3) The customer’s obligation to pay default interest does not exclude the assertion by the provider of further damage caused by delay.
§ 6 Material defect guarantee, warranty
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 633 et seq. BGB. The warranty period for the products supplied by the provider to entrepreneurs is 12 months.
(2) An additional guarantee exists for the products delivered by the provider only if it has been expressly given in the order confirmation for the respective article.
§ 7 Liabillity
(1) The provider is only liable for claims for damages by the customer arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. For the rest, liability is excluded.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if it was caused by simple negligence, unless the customer’s claims for damages result from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 8 Right of withdrawal
(1) In principle, consumers have a statutory right of withdrawal when concluding a distance selling transaction, of which the provider informs below in accordance with the legal model. A sample revocation form can be found in paragraph 2.
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us
Vickermann & Stoya Maßschuhe oHG
By means of a clear explanation (e.g. A letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
(2) The provider informs about the sample withdrawal form in accordance with the legal regulation as follows:
|Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back.)
— To [here is the name, address and, if applicable, the fax number, and to insert the entrepreneur’s e-mail address by the entrepreneur]:
— I/we (*) hereby revoke the contract concluded by me/us (*) on the purchase of the following goods (*)/ the provision of the following service (*)
— Ordered on (*)/relected on (*) name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as appropriate
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal provisions on the restriction of the choice of law and the applicability of mandatory provisions in particular of the country in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even in the event of legal invalidity of individual points. The ineffective points, if any, are replaced by the legal regulations. However, insofar as this would be an unreasonable hardship for a contracting party, the contract will become ineffective as a whole.
(4) The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
As of 03/20120