§ 1 Scope of Application
Our products (shoes, fashion articles and accessories) are sold exclusively pursuant to the following General Terms and Conditions. These are available in their current version on our internet site schuhe-lueke.com under the menu GTC. In addition, we will send you our General Terms and Conditions together with our order confirmation.
§ 2 Conclusion of Contract
You can order our products via our homepage on the internet. All information available on our internet site www.schuhe-lueke.com and in our brochures or advertising materials only constitute a request to send purchase orders. Such information does not constitute an offer to conclude a contract.
With your purchase order for the requested goods, you make a binding offer to conclude a purchase contract in line with these terms and conditions. We are entitled to accept this offer within 10 calendar days by sending you an order confirmation by e-mail. Your order is deemed to be accepted only when confirmed by us through our order confirmation. If we have not accepted your offer within 10 calendar days, the offer is deemed to be rejected. No purchase contract is concluded for products that are not listed in the order confirmation. We assume no obligation to accept your purchase order.
§ 3 Delivery
Goods in stock are normally delivered to you by first class mail within three to five working days. In the case of deliveries outside the Federal Republic of Germany and within Europe, the delivery will normally take 10 to 14 working days if the goods are in stock. As regards shipments to non-European countries, the delivery period depends on the type of shipment (by air, road, ship) and the place of destination.
If an item cannot be delivered at all or within the afore-mentioned periods in an exceptional case, we will inform you promptly of the delivery date or, alternatively, that delivery is not possible. We reserve the right to make delivery in instalments if it seems to be advisable for fast handling and is acceptable to you. Deliveries in instalments will not restrict or preclude your statutory warranty rights. In the event of deliveries in instalments, we will pay all additional shipping costs. You will not incur any further costs as a result.
If we are not able to deliver the goods ordered by you through no fault on our part, because our supplier has failed to fulfil its contractual obligations, we explicitly reserve the right to cancel the contract. In this case, we undertake to notify you immediately of the non-availability of the goods and to reimburse any payments already received from you immediately.
If failure to meet the time of delivery is due to force majeure, e.g. mobilisation, war, unrest or similar incidents such as strikes or lock-outs, the period shall be extended for a reasonable time.
§ 4 Revocation Policy
Right of Revocation
You may want to revoke your declaration of contract without giving reasons within a period of fourteen days.
The right of revocation amounts to 14 days and commences on the day you or a third party, other than the carrier and indicated by you, have taken possession of the goods. To exercise your right of revocation you need to inform us (Schuhe Lüke GmbH, Schusterstraße 33, 79098 Freiburg i.Br., Phone: 0761/3809090, Fax: 0761/3809080, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. email, fax or letter) of your decision to revoke this contract. You can use the attached revocation form, which is however not obligatory. The timely dispatch of the revocation shall be deemed sufficient for compliance with the revocation term.
Consequences of Revocation
When the revocation is effective payments we received from you are to be returned, including the shipping costs (with the exception of additional costs which result from choosing another type of delivery which is not part of the cheapest standard delivery offered by us). They are to be paid immediately and within fourteen days after the day we have received notice of the revocation of this order. For this refund we will use the same means of payment which you used for the initial transaction, unless expressly agreed otherwise. In no event shall separate fees be charged for this refund. We can withhold the refund until receipt of the goods or until you have provided proof of the return of the goods, whichever is the earlier date.
You have to send the goods back to us immediately within a period of fourteen days from the day you have informed us about the revocation of the contract. The deadline is met when the goods are returned before the expiry of the deadline of fourteen days. You are charged for the direct costs of returning the goods. You are only liable for the diminished value if the deterioration of the goods is due to improper use that exceeds the characteristics and functional reliability of the goods.
End of Revocation Policy
§ 5 Prices
All prices stated are euro amounts inclusive of applicable value added tax. You have to bear the cost of shipment from the place of our branch office, unless these exceed a reasonable proportion to the value of the delivered goods.
Postage and packaging costs are added pursuant to the list below in § 6. The prices indicated in the catalogue valid at the time of contract conclusion or the prices that are published on the date of contract conclusion on our internet site www.schuhe-lueke.com shall apply.
§ 6 Postage and Shipping Costs
Shipment is effected by Deutsche Post AG(DHL).
From a purchase order value of € 99.00, we make deliveries within Germany free domicile. If the value of the purchase order is below € 99.00, we charge a flat rate for shipping costs of € 5.00 for postage and packaging.
Deliveries to non-EU countries are only made on request. For deliveries abroad, shipping costs and cost of return shipments are to be borne by the purchaser. When goods are imported into a non-EU county, customs and taxes may be incurred. The purchaser is responsible for proper customs clearance of the goods; please inform yourself prior to placing a purchase order about the customs and taxes imposed in your country.
The following shipping costs are stated in EUR (including packaging).
Country Shipping costs:
Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Romania, Slovenia, Spain, Sweden
Liechtenstein, Norway, Switzerland
Australia, Brazil, Canada, China, Croatia, Hongkong, India, Indonesia, Israel, Japan, Mexico, New Zealand, Russian Federation, Serbia, Singapore, Southafrica, Thailand, Ukraine, United States of America
* from a purchase order value of € 99.00
§ 7 Terms of Payment
Payment must be made in the currency shown on the invoice.
We accept payment by credit card, against prepayment, via PayPal, by cash on delivery or delivery against invoice(BillSAFE) (for deliveries within Germany and Austria). We reserve the right to deliver goods only against cash in advance.
If your residence is outside Germany, payment is only possible by credit card, PayPal or against prepayment.
You will receive our bank details together with the order confirmation. In the event of payment by credit card, the amount is charged to your account at the latest on the date of shipment.
In the event of cash on delivery, payment must be made upon delivery of the goods.
§ 8 Transportation
We make our deliveries by Deutsche Post (DHL). Please check the goods for damage upon receipt. Each package is closed with our white safety tape - this tape must be intact upon delivery.
§ 9 Warranty
The warranty period is based on the legal provisions. Normal wear or tear of the goods does not constitute a warranty claim.
We shall be liable without restrictions pursuant to the legal provisions for the loss of life, physical injury or damage to health caused by a culpable violation of duty by us, our legal representatives or our vicarious agents. In addition, we shall be liable without restrictions pursuant to the legal provisions for damage covered by the liability pursuant to the Product Liability Act as well as for any damage that is based on our intentional or grossly negligent violations of contract as well as malicious intent by us, our legal representatives or our vicarious agents. We are also liable in the context of a warranty for quality and/or durability where we have granted such a warranty in respect of the delivered goods. Furthermore, we are liable without any restrictions pursuant to the legal provisions for damage based on a negligent violation of a material contractual duty. There are no further liability claims against us, independent of the legal nature of the claims raised against us.
§ 10 Reservation of Title
Until full payment (including additional claims of the concrete contract) the purchased goods remain our property.
§ 11 Data Storage
We store, process and use personal data indicated by you on the purchase order form for the purpose of fulfilling your purchase order. We will forward some of this data to the transport company engaged by us for handling the order.
At your written request, you will receive a statement of your personal data stored at no charge. We will correct any incorrectly stored data at your written request. Insofar as you consent to a use of your personal data, not yet permissible by law, you can revoke your consent at any time.
§ 12 Applicable Law and Place of Jurisdiction
These terms and conditions and all contracts concluded pursuant to these terms and conditions as well as resulting disputes shall be governed by German law, the UN Convention on Contracts for the International Sale of Goods (CISG) being excluded.
We will aim at settling any disputes quickly and informally. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions as well as the individual contracts shall be Freiburg if your residence or usual domicile at the date of filing an action is not in Germany or is unknown.
§ 13 Provider Information
Schuhe Lüke GmbH, Schusterstraße 33, 79098 Freiburg, Germany
Managing Directors: Angelika Lüke, Heinrich Lüke, Tobias Lüke, Christoph Lüke
Court of Registration: Freiburg Local Court [Amtsgericht Freiburg], HRB 4740
General Terms and Conditions of Schuhe Lüke GmbH (dated 30.09.2016)