Special conditions for the processing of goods according to certain specifications of the customer
Redemption of action vouchers
Redemption of gift certificates
Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Conrad Hasselbach Shoes & Garment GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") with the seller with regard to the Sales of goods presented in his online shop closes. This contradicts the inclusion of own terms of the customer, unless there is something else agreed.
1.2For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly delegated in this respect.
1.3Consumers within the meaning of these Terms and Conditions are any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2The customer can deliver the offer over the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the ordering process of the order process buttons a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone, by fax, by e-mail, postal or via the online contact form to the seller.
2.3The seller can accept the customer's offer within five days,
by transmitting the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation at the customer is decisive, or
by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
by prompting the customer for payment to the customer upon delivery.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins to run through the customer on the day after sending the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within a preconused period, this is the rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after dispatch of its order in writing (eg e-mail, fax or letter). An extra accessibility of the contract text by the seller is not. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed from the customer via its password-protected user account, stating the corresponding login data for free.
2.5Before binding delivery of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer as long as the usual keyboard and mouse functions as long as the customer can be corrected until it clicks the order process.
2.6Only the German language is available for the conclusion of the contract.
2.7The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be sent by e-mail.
3) Right of withdrawal
3.1Consumers are basically a right of withdrawal.
3.2Further information on the right of withdrawal arise from the revocation of the seller.
3.3The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, further costs incurred in individual cases, which the seller is not responsible and to bear by the customer. These include, for example, costs for the cash dispatch by credit institutions (e.g., transfer fees, exchange rate charges) or import taxes or taxes (e.g., tariffs). Such costs can be incurred in terms of money delivery even if the delivery does not take place in a country outside the European Union, the customer makes the payment but from a country outside the European Union.
4.3The payment option / en will / will be communicated to the customer in the seller's online shop.
4.4If advance payment is agreed by bank transfer, the payment is due immediately after the conclusion of the contract, provided that the parties have not agreed no later date.
4.6When selecting a payment method offered via the payment service "Shopify Payments", the payment processing via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ('Such: "Shopify") . The individual payment methods offered via shopify are communicated to the customer in the seller's online shop. To process payments, shopify other payment services can operate, for which special terms of payment apply, to which the customer may be pointed out separately if necessary. Further information about "Shopify Payments" can be found on the Internet at https://www.shopify.de/payments.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the shipping point to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive.
5.2If the transport company sends the shipped goods to the seller, as a delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not to represent the circumstance, which led to the impossibility of delivery or if he was temporarily prevented from the acceptance of the offered performance, unless the seller announced the performance a reasonable time before would have. Furthermore, this does not apply with regard to the costs for the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller applies.
5.3When picked up, the seller informs the customer first by e-mail that the goods ordered by him is ready for pickup. Upon receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the seat of the seller. In this case, no shipping costs will be charged.
5.4Vouchers are left to the customer as follows:
- by email
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchased purchase price.
7) Liability for defects (warranty)
7.1If the purchased thing is deficient, the rules of legal defects apply.
7.2The customer is asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1According to the content of the contract, in addition to the goods delivery, the seller owes the processing of the goods according to certain specifications of the customer, the customer has the operator all content required for processing such as texts, images or graphics in the file formats specified by the operator, formatting, image and file sizes available and to give it the necessary rights of use. The customer is responsible for the procurement and the rights acquisition at this content. The customer explains and assumes the responsibility for he owns the right to use the content of the seller. In particular, he shall ensure that thereby no rights of third parties are violated, in particular copyright, brand and personality rights.
8.2The customer exposes the seller of claims of third parties, which can assert them in connection with a violation of their rights through the contractual use of the content of the customer by the seller to this. The customer also takes over the reasonable costs of the necessary legal defense, including all court and legal expenses at a statutory amount. This does not apply if the infringement is not responsible by the customer. The customer is obliged to provide the seller immediately, truthfully and fully all information required by third parties, which are necessary for the examination of claims and defense.
8.3The seller reserves the right to refuse processing orders if the content lending by the customer violates statutory or official prohibitions or against the good manners. This applies in particular to the provision of constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and / or violence glorifying content.
9) Redemption of action vouchers
9.1Coupons issued free of charge by the seller within the framework of promotions with a certain period of validity and which can not be purchased by the customer (subsequently "action vouchers"), can only be redeemed in the seller's online shop and only in the specified period.
9.2Action vouchers can only be redeemed by consumers.
9.3Individual products may be excluded from the voucher action, provided that a corresponding limitation results from the content of the action voucher.
9.4Action vouchers can only be redeemed before the end of the ordering process. A subsequent offsetting is not possible.
9.5Only one action voucher can be redeemed per order.
9.6The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be reimbursed by the seller.
9.7If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
9.8The credit balance of a promotional voucher is not paid in cash or interest.
9.9The promotion voucher will not be reimbursed if the customer returns the goods paid in all or partially paid goods within the framework of his statutory right of withdrawal.
9.10The action voucher is transferable. The seller can afford with liberating effect on the respective owner who lets the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of non-authorization, incapacity or the lack of representative authorization of the respective owner.
10) Redemption of gift certificates
10.1Vouchers, which can be purchased via the seller's online shop (hereinafter referred to as "Gift Vouchers"), can only be redeemed in the seller's online shop, unless otherwise stated from the voucher.
10.2Gift vouchers and remaining credit from gift certificates are redeemable by the end of the third year after the year of the coupon purchase. Remaining credit will be credited to the customer until the expiration date.
10.3Gift vouchers can only be redeemed before the end of the order process. A subsequent offsetting is not possible.
10.4Only one gift certificate can be redeemed per order.
10.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
10.7The credit balance of a gift certificate is neither paid in cash even interest.
10.8The gift certificate is transferable. The seller can afford with liberating effect on the respective owner who lets the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of non-authorization, incapacity or the lack of representative authorization of the respective owner.
11) Applicable law
11.1For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. For consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
11.2Furthermore, this right of law does not apply to consumers with regard to the statutory right of withdrawal, which belong to any Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
If the customer acts as a merchant, legal entity of public law or public-legislative special assets, based in the territory of the Federal Republic of Germany, is the exclusive place of jurisdiction for all disputes arising from this contract of the Seller's office. If the customer has its headquarters outside the territory of the Federal Republic of Germany, then the business office of the seller is exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims can be attributed from the contract of the professional or commercial activity of the customer. However, the seller is in any case entitled to call the court at the customer's registered office in the preceding cases.
13) Alternative dispute resolution
13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.