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Gratis Versand

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20% Rabatt ab 2 Paar mit dem Code 20FOR2

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90 Tage Probelaufen

Terms of service

Table of Contents

  1. Scope of Application
  2. Formation of the Contract
  3. Right of Withdrawal
  4. Pricing and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Reservation of Ownership
  7. Warranty for Defects
  8. Specific Conditions for the Processing of Customer-specific Goods
  9. Use of Promotional Vouchers
  10. Applicable Law
  11. Jurisdiction
  12. Options for Out-of-court Dispute Resolution
  1. Scope of Application

1.1 The present General Terms and Conditions (hereinafter "GTC") of ShoeFitter GmbH (hereinafter "Provider") apply to all contracts concerning the delivery of goods that a consumer or entrepreneur (hereinafter "Buyer") concludes with the Provider regarding the products presented in the Provider's online shop. The inclusion of the Buyer's own conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly for contracts concerning the delivery of goods with digital elements unless specifically regulated otherwise. In this case, the Provider is obliged to deliver the goods as well as to provide digital content or services that are integrated into the goods or connected with them in such a way that their functions cannot be fulfilled without them.

1.3 For the purposes of these GTC, any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or professional activity is considered a consumer.

1.4 An entrepreneur, according to these GTC, is any natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

  1. Formation of the Contract

2.1 The product presentations in the Provider's online shop do not constitute binding offers on the part of the Provider but serve to submit a binding offer by the Buyer.

2.2 The Buyer can submit the offer via the online order form integrated into the Provider's online shop. After placing the selected products in the virtual shopping cart and going through the electronic ordering process, the Buyer submits a legally binding contractual offer concerning the products in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Provider can accept the Buyer's offer within five days by

  • sending the Buyer a written order confirmation or an order confirmation in text form (fax or email), insofar as the receipt of the order confirmation by the Buyer is decisive, or
  • delivering the ordered goods to the Buyer, insofar as the receipt of the goods by the Buyer is decisive, or
  • requesting payment from the Buyer after placing the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time one of the alternatives first occurs. The period for acceptance of the offer starts on the day after the offer is sent by the Buyer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Buyer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal under the PayPal Terms of Use or, if the Buyer does not have a PayPal account, under the conditions for payments without a PayPal account. If the Buyer selects a payment method offered by PayPal at the end of the ordering process, the Provider hereby declares acceptance of the Buyer's offer at the moment the Buyer clicks the button that concludes the ordering process.

2.5 After the contract is concluded, the Provider stores the text of the contract and sends it to the Buyer in text form (e.g., email, fax, or letter). The Provider does not make the contract text accessible beyond this. If the Buyer has set up a user account in the Provider's online shop, the order data is archived on the Provider's website and can be freely accessed by the Buyer via their password-protected user account by providing the relevant login data.

2.6 Before the binding submission of the order via the Provider's online order form, the Buyer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Buyer can correct their inputs via the usual keyboard and mouse functions during the electronic ordering process until they click the button that concludes the ordering process.

2.7 The language available for the conclusion of the contract is indicated in the online shop.

2.8 Order processing and contacting usually take place via email and automated order processing. The Buyer must ensure that the email address they provide for order processing is accurate so that emails sent by the Provider can be received at this address. Particularly when using SPAM filters, the Buyer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider with order processing can be delivered.

  1. Right of Withdrawal

3.1 Consumers are entitled to a right of withdrawal as a matter of principle.

3.2 Further information on the right of withdrawal can be found in the Provider's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

  1. Pricing and Payment Conditions

4.1 Unless otherwise stated in the Provider's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Provider is not responsible for and which must be borne by the Buyer. These include, for example, costs for money transfers through banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not made to a country outside the European Union, but the Buyer makes the payment from a country outside the European Union.

4.3 The payment options available to the Buyer are announced in the Provider's online shop.

4.4 If the payment method "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The specific payment methods offered via Shopify Payments will be communicated to the Buyer in the Provider's online shop. Stripe may use other payment services for which special payment conditions may apply, and the Buyer will be separately informed if necessary. Further information on "Shopify Payments" can be found at the following internet link: https://www.shopify.com/legal/terms-payments-de.

4.5 If the Buyer selects a payment method offered via the payment service "Stripe", payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The specific payment methods offered via Stripe will be communicated to the Buyer in the Provider's online shop. Stripe may use other payment services for which special payment conditions may apply, and the Buyer will be separately informed if necessary. Further information on Stripe can be found at the following internet link: https://stripe.com/de.

  1. Delivery and Shipping Conditions

5.1 If the Provider offers the dispatch of goods, the delivery is made within the delivery area specified by the Provider to the delivery address specified by the Buyer, unless otherwise agreed. For the transaction, the delivery address specified in the Provider's order processing is decisive. However, if the payment method PayPal is chosen, the delivery address deposited by the Buyer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which the Buyer is responsible, the Buyer must bear the reasonable costs incurred by the Provider. This does not apply to the costs of sending if the Buyer effectively exercises their right of withdrawal. For the costs of return shipment, the regulation made in the Provider's cancellation policy applies in the event of effective exercise of the right of withdrawal by the Buyer.

5.3 If the Buyer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Buyer as soon as the Provider has delivered the item to the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment. If the Buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Buyer or a person entitled to receive the goods upon delivery of the goods. By way of derogation, even in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Buyer as soon as the Provider has delivered the item to the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment if the Buyer has commissioned the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment to carry out the shipment and the Provider has not previously named this person or institution to the Buyer.

5.4 The Provider reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not attributable to the Provider and the Provider has concluded a specific cover transaction with the supplier with due diligence. The Provider will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Buyer will be informed immediately, and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

  1. Reservation of Ownership

If the Provider performs in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

  1. Warranty for Defects

The statutory warranty rights apply unless otherwise specified below. By way of deviation, the following applies to contracts for the delivery of goods:

7.1 If the Buyer is an entrepreneur,

  • the Provider has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims due to defects are fundamentally excluded;
  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The regulated liability limitations and reductions in the period do not apply

  • to damage and expenditure compensation claims asserted by the Buyer,
  • if the Provider has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for a possibly existing obligation of the Provider to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for a possibly existing statutory right of recourse remain unaffected.

7.4 If the Buyer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial inspection and notification obligation applies to him according to § 377 HGB. If the Buyer omits the notification obligations regulated there, the goods are considered approved.

7.5 If the Buyer is a consumer, it is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Provider thereof. If the Buyer does not comply with this request, this has no effect on his statutory or contractual claims for defects.

  1. Specific Conditions for the Processing of Customer-specific Goods

8.1 If, according to the content of the contract, the Provider owes not only the delivery of the goods but also the processing of the goods according to specific specifications of the Buyer, the Buyer must provide the Provider with all contents necessary for the processing such as texts, images, or graphics in the formats, formatting, image, and file sizes specified by the Provider and grant him the necessary rights of use. The Buyer is solely responsible for the procurement and acquisition of rights to these contents. The Buyer declares and assumes responsibility for having the right to use the contents provided to the Provider. He ensures in particular that no third-party rights, in particular copyrights, trademark rights, and personality rights, are violated.

8.2 The Buyer indemnifies the Provider from claims of third parties which they may assert against the Provider in connection with a violation of their rights by the contractual use of the Buyer's contents by the Provider. The Buyer also assumes the necessary costs of legal defense, including all court and lawyer's fees in a statutory amount. This does not apply if the infringement is not attributable to the Buyer. The Buyer is obliged to provide the Provider with all information that is necessary for the examination of the claims and a defense in the event of a claim by third parties immediately, truthfully, and completely.

8.3 The Provider reserves the right to refuse processing orders if the contents provided by the Buyer for this purpose violate statutory or official prohibitions or offend against common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying contents.

  1. Use of Promotional Vouchers

9.1 Vouchers issued by the Provider free of charge within the framework of promotions with a specific period of validity, which cannot be purchased by the Buyer (hereinafter "promotional vouchers"), can only be redeemed in the Provider's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers must be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The order value must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Provider.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Provider can be chosen to settle the difference.

9.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the Buyer returns the goods fully or partially paid for with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is transferable. The Provider can perform with discharging effect to the respective holder who redeems the promotional voucher in the Provider's online shop. This does not apply if the Provider has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.

  1. Applicable Law

10.1 All legal relationships of the parties are subject to the law of the Federal Republic of Germany, excluding the laws about the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

  1. Jurisdiction

If the Buyer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business. If the Buyer is domiciled outside the territory of the Federal Republic of Germany, the Provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Buyer's professional or commercial activity. However, in the above cases, the Provider is in any case entitled to call the court at the Buyer's place of business.

  1. Options for Out-of-court Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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