General Terms and Conditions
(AS OF 11.10.2023)
§ 1 SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online store. These are available in their current version on our website https://www.schuhe-lueke.com under the heading GTC . Furthermore, we will send you our GTC with the order confirmation.
§ 2 Contracting party, conclusion of the contract, correction options
The sales contract is concluded with Schuhe Lüke GmbH.
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
We will accept your offer within two days by
- we issue a declaration of acceptance in a separate e-mail or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
§ 3 CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language available for the conclusion of the contract is German. We store the text of the contract and send you the order data and our GTC in text form.
§ 4 DELIVERY
(1) Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers and in our shipping information under shipping costs.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
(2) We deliver goods in stock within Germany within three to five working days by mail to you. For shipments outside the Federal Republic of Germany and within Europe, the delivery takes 10 to 14 working days if the goods are available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail/landmail/shipping) and the recipient's location.
(3) Should an item exceptionally not be available or not be available as quickly, we will inform you as soon as possible of the delivery date or alternatively that the delivery cannot be made. We reserve the right to make a partial delivery if this seems advantageous for a quick processing and if this is reasonable for you. Partial deliveries do not limit or exclude your statutory warranty rights. If a partial delivery is made, we will of course bear the additional shipping costs. This shall not result in any further costs for you.
(4) If we are unable to deliver the goods ordered by you through no fault of our own because our supplier fails to meet his contractual obligations, we expressly reserve the right to withdraw from the contract. In this case, we undertake to inform you immediately of the non-availability of the goods and to reimburse you without delay for any services already received from you.
(5) If the non-observance of deadlines is due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. strike or lockout, the deadlines shall be extended accordingly.
§ 5 CANCELLATION POLICY
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Schuhe Lüke GmbH, Brugesstraße 45, 79224 Umkirch, E-Mail: firstname.lastname@example.org
, Tel.: 0761-380 90 55, Fax: 0761-380 90 80) by means of a clear declaration (e.g. by e-mail, fax or a letter sent by post) of your decision to withdraw from this contract. You can use the revocation form for this purpose, which we provide under the following link: Cancellation Form. The use of the form is not mandatory for the revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day 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 for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to TCL Consulting GmbH, Brugesstraße 45, 79224 Umkirch, without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. The return shipment of the goods within Germany is free of charge for you, for returns from abroad you bear the direct costs. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
End of the cancellation policy
§ 6 PRICES
All prices quoted are in euros and include the statutory value added tax. You shall bear the costs of shipment from the place of our establishment, unless these exceed a reasonable relationship to the value of the delivery item.
Postage and packaging costs shall be added in accordance with the following list in § 6. The prices from the current catalog at the time of the conclusion of the contract or the prices published on our website maripe-shop.de at the time of the conclusion of the contract shall apply.
§ 7 POSTAGE AND SHIPPING COSTS
Shipping is carried out by Deutsche Post AG(DHL), DHL Express as well as DPD.
(1) From an order value of 49,00 € we deliver free of charge within Germany and Austria. For orders under 49,00 € we charge a flat rate of 5,00 € for postage and packing for deliveries within Germany and Austria.
(2) Shipping costs and return costs for deliveries abroad shall be borne by the buyer. When importing into a non-EU country, customs duties and taxes usually apply. The buyer is responsible for the proper customs clearance of the goods; please inform yourself about the duties and taxes levied in your country before ordering.
(3) Excluded from the regulation under (2) are deliveries to Great Britain. The invoiced shipping costs of 25 EUR cover all applicable customs and import fees. Customers from the UK do not have to pay any further customs or import fees for their orders from our online store.
§ 8 TERMS OF PAYMENT
In our store, the following payment methods are generally available to you:
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are no further costs for this.
When you place your order, you also provide us with your credit card details.
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online store where you can complete the ordering process. After submitting the order, we will request Amazon to initiate the payment transaction and thereby accept your offer.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further instructions with the respective payment option and in the order process. In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
As part of the payment service PayPal Plus, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE and further on https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=de_DE.
If your residence is outside Germany, payment is only possible by credit card, PayPal and prepayment.
As part of the Unzer payment service (www.payolution.com), we offer you purchase on account and SEPA direct debit. You will be redirected to the website of the online provider Unzer. There you can enter your payment details, confirm the use of your data by Unzer and the payment instruction to Unzer.
§ 9 RESERVATION OF PROPRIETARY RIGHTS
The goods remain our property until full payment.
§ 10 TRANSPORT AND TRANSPORT DAMAGES
We deliver with the German Post (DHL), GLS as well as UPS. Please check the goods for damage upon receipt. If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 11 WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. The limitation period for claims for defects in used goods shall be one year from delivery of the goods. The above limitations and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- as far as the scope of application of the product liability law is opened.
§ 12 LIABILITY
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
§ 13 CODE OF CONDUCT
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
§ 14 Agreement on the use of Trusted Shops Buyer Protection
You can secure orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops together with a guarantor offers a chargeable protection. The Trusted Shops buyer protection conditions apply, which you can find here. The conclusion of the buyer protection is done by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to offer you the (automatic) buyer protection, the trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register as described above via the trust card. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
§ 15 DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
§ 16 DATA STORAGE
(1) We store, process and use the personal data provided by you on the order form in order to execute your order. We pass on some of this data to the transport companies commissioned by us in order to process the order (e.g. delivery and parcel notification).
(2) Upon written request, we will provide you free of charge with a list of the personal data we have stored about you. We will correct inaccurately stored data at your written request. Insofar as you consent to us using your personal data in a manner not already permitted by law, you may revoke this consent at any time.
§ 17 APPLICABLE LAW AND PLACE OF JURISDICTION
(1) These terms and conditions, as well as all contracts concluded in accordance with these terms and conditions and any disputes arising therefrom, shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) We will endeavor to resolve any disputes that may arise quickly and unbureaucratically. For all disputes arising from or in connection with these terms and conditions as well as the individual contracts, Freiburg shall be the exclusive place of jurisdiction if your place of residence or habitual abode at the time the action is brought is either not in Germany or is unknown.
§ 18 SUPPLIER INFORMATION
Schuhe Lüke GmbH, Brugesstraße 45, 79224 Umkirch, email@example.comManaging directors: Angelika Lüke, Heinrich Lüke, Tobias Lüke, Christoph Lüke
Register court: Local court Freiburg, HRB 4740
General Terms and Conditions of Schuhe Lüke GmbH (as of 24.01.2023)