Special conditions for the processing of goods according to specific customer specifications
Redemption of action vouchers
Redemption of gift vouchers
Place of jurisdiction
Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter " AGB ") Conrad Hasselbach Shoes & Garment GmbH (hereinafter referred to as " Seller ") shall apply to all contracts for the supply of goods which a consumer or entrepeller (hereinafter referred to as "customer") concludes with the seller in respect of the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, provided that there is no deviation from the provisions of this Regulation.
1.3Consumers within the meaning of these General Terms and Conditions shall be any natural person who concludes a legal transaction for purposes which are not likely to be attributed to either their commercial or self-employed professional activity.
1.4Entrepreneurs within the meaning of these General Terms and Conditions shall be a natural or legal person or a legally competent partnership which, when a legal transaction is concluded, acts in the exercise of their commercial or self-employed professional activity.
2) Contract conclusion
2.1The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form, which is integrated into the online shop of the seller. Once the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, clicking on the button closing the order process will issue a legally binding contract offer in relation to the goods contained in the shopping cart. In addition, the customer can also make the offer by telephone or by email to the seller.
2.3The seller may accept the offer of the customer within five days,
by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in so far as the access of the order confirmation to the customer is relevant, or
by providing the customer with the goods ordered, in so far as the customer's access to the goods is relevant to the customer, or
by asking the customer for payment upon delivery of his order.
If there are several of the alternatives mentioned above, the contract shall be concluded at the time when one of the alternatives mentioned above occurs first. The deadline for acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be the rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5When 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 sending from its order to text form (eg e-mail, fax or letter). An additional 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 downloaded from the customer via its password-protected user account, stating the corresponding login data for free.
2.6Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information shown on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer in the context of the electronic order process as long as the usual keyboard and mouse functions can be corrected until it clicks the button concluding the order process.
2.7For the conclusion of the contract, the German and the English language are available.
2.8The 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 delivered e-mails.
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 in 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 money transfer by credit institutions (e.g., transfer fees, exchange rate charges) or import taxes or taxes (e.g., tariffs). Such costs may also be incurred in terms of money delivery if the delivery does not take place in a country outside the European Union, but 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 prepayment is agreed by bank transfer, payment is due immediately after the conclusion of the contract, provided that the parties have not agreed no later date.
4.5If a payment method is selected via the payment service " Shopify Payments ", payment processing shall be effected via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter " Stripe "). The individual payment methods offered via Shopify Payments are communicated to the customer in the online shop of the seller. In order to process payments, Stripe can use other payment services, for which it may be special payment terms and conditions to which the customer may be subject shall be drawn up separately. For more information on Shopify Payments, visit the Internet at https://www.shopify.com/legal/terms-payments-de available.
5) Terms of delivery and shipping
5.1If the seller offers the shipment of the goods, the delivery shall be effected within the delivery area indicated by the seller to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller shall be decisive in the handling of the transaction.
5.2If the delivery of the goods fails for reasons which the customer has to represent, the customer shall bear the appropriate costs incurred by the seller as a result. This shall not apply with regard to the costs of the dispatch if the customer exercises his right of withdrawal effectively. If the customer is exercising the right of revocation in an effective way, the provision made for this purpose shall apply in the case of an effective exercise of the right of revocation.
5.3If the customer acts as an entrepre, the risk of accidental loss and accidental deterioration of the goods sold shall be transferred to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the dispatch. If the customer acts as a consumer, the risk of accidental loss and the accidental deterioration of the goods sold shall in principle not be transferred to the customer or a person entitled to receive the goods until the goods have been handed over. By way of derogation, the risk of accidental destruction and accidental deterioration of the goods sold shall also be transferred to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the dispatch, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated for the execution of the dispatch and the seller has not previously named the customer this person or institution.
5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or incorrect delivery of the contract. This applies only in the event that the non-delivery is not to be represented by the seller and that the seller has completed a concrete covering business with the supplier with the due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or the only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller under the address indicated by the seller. In this case, no shipping charges will be charged.
5.6Vouchers are provided to the customer as follows:
6) Retention of title
If the Seller is in advance, he reserves the title to the delivered goods until the payment of the due purchase price is complete.
7) Liability for defects (warranty)
7.1Unless otherwise indicated in the following regulations, the provisions of the statutory defect liability shall apply. By way of derogation, contracts for the delivery of goods shall apply:
7.2If the customer acts as an entrepre
the seller has the choice of the type of supplementary performance;
in the case of new goods, the limitation period for defects shall be one year from the date of delivery of the goods;
in the case of used goods, the rights and claims are excluded on account of defects;
the limitation period shall not begin again if a replacement delivery is made in the context of the liability for defects.
7.3The above-regulated limitations of liability and reduction of time limits shall not apply
the customer's claims for damages and repayment claims,
in the event that the seller has fraudulently concealed the defect,
in respect of goods which have been used in accordance with their usual use for a building and which have caused its lack of manoeuvrapity,
for any The seller's obligation to provide updates to digital products, in contracts for the delivery of goods with digital elements.
7.4In addition, it is valid for entrepreneurs that the statutory limitation periods for any shall remain unaffected by any existing legal recourse to recourse.
7.5If the customer acts as a merchant i.S.d. § 1 of the German Commercial Code (HGB), the commercial investigation and reprimand shall meet him in accordance with Section 377 of the German Commercial Code (HGB). If the customer does not agree to the notification requirements, the goods shall be deemed to have been approved.
7.6If the customer acts as a consumer, he shall be asked to record the goods delivered with obvious transport damage to the customer and to inform the seller accordingly. If the customer does not meet this, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1If, in addition to the delivery of goods, the seller owes to the seller the processing of the goods in accordance with certain specifications of the customer, the customer has to provide the seller with all the content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and to grant him the right of use for this purpose. The customer is solely responsible for the acquisition and acquisition of rights to this content. The customer declares and assumes the responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that the rights of third parties are not infringed, in particular copyright, trademark and personal rights.
8.2The Customer shall release the Seller from claims of third parties which may be asserted in connection with a violation of their rights by the Seller through the use of the Customer's contents in accordance with the contract. The customer shall also assume the necessary costs of legal defence, including all legal and attorney fees in legal terms. This shall not apply if the legal breach is not to be represented by the customer. The customer is obligated to provide the Seller without delay, truthfully and completely, in the event of a use by third parties, all the information required for the examination of the claims and a defence.
8.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose is contrary to legal or official prohibitions or to the good mores. This applies in particular to the omission of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangling and/or violence-glorying content.
9) Redemption of action vouchers
9.1Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter " promotional vouchers ") can only be redeemed in the online shop of the seller and only within the specified period.
9.2Promotional vouchers can only be redeemed by consumers.
9.3Individual products may be excluded from the voucher action, provided that a corresponding restriction arises from the content of the promotional voucher.
9.4Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent settlement is not possible.
9.5Only one action voucher can be redeemed for each order.
9.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance shall not be reimbursed by the seller.
9.7If the value of the promotional 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.
9.8The balance of a promotional voucher is not disbursed in cash or interest.
9.9The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of revocation.
9.10The action voucher is transferable. The seller can, with a liberating effect, make a contribution to the respective owner who redeemes the promotional voucher in the seller's online shop. This shall not apply if the seller is aware of or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of representative authority of the respective owner.
10) Redemption of gift vouchers
10.1Vouchers which can be purchased via the seller's online shop (hereinafter " gift vouchers ") can only be redeemed in the seller's online shop, unless the voucher does not give any other results.
10.2Gift vouchers and the remaining balance of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer until the expiration date.
10.3Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent settlement is not possible.
10.4Only one gift voucher can be redeemed for each 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.
10.7The credit of a gift voucher is not disbursed in cash or interest.
10.8The gift certificate is transferable. The Seller may, with a liberating effect, make a contribution to the respective owner who redeemes the gift certificate in the seller's online shop. This shall not apply if the seller is aware of or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of representative authority of the respective owner.
11) Applicable law
11.1The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws relating to the international purchase of movable goods. In the case of consumers, this choice of law shall apply only in so far as the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
11.2Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time of the conclusion of the contract, are not members of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
12) Place of jurisdiction
If the customer acts as a merchant, a legal person under public law or a special fund under public law established in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer has his seat outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall be entitled, in any event, to appeal to the Court of First Instance at the Customer's seat.