General Terms and Conditions (dated 26.10.2011)

§ 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 paulgreen-shop.de under the menu GTC. In addition, we will send you our General Terms and Conditions together with our order confirmation.


§ 2 Conclusion of Contract

(1) You can order our products via our homepage on the internet. All information available on our internet site paulgreen-shop.de 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.
(2) 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

(1) 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.
(2) All information provided above regarding expected delivery dates or delivery periods are non-binding, unless any delivery dates have been agreed between us explicitly as binding. If we are in delay with delivery and you grant us a period of grace, this shall be at least one week.
(3) 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.
(4) 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.
(5) 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 Cancellation Policy

Right of Revocation

You may revoke your contractual declaration without stating grounds within one month in text form (e.g. letter, fax, e-mail) or - if the item is placed at your disposal prior to the expiry of this period - by returning the item. The period commences upon receiving this notification in text form, but not prior to the delivery of the goods to the consignee nor before the fulfilment of our duties to furnish information pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to Section 312g (1) sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The notice of revocation must be sent in time to:
Schuhe Lüke GmbH, Schusterstraße 33, 79098 Freiburg, Germany phone: 0049 761-380 90 90, fax: 0049 761-380 90 80, e-mail: info@schuhe-lueke.de, internet site: www.schuhe-lueke.de.

Consequences of Revocation

Consequences of Revocation In the case of an effective revocation, any performance received by either party must be returned and where applicable any benefits received (e.g. from interest) are to be surrendered. If you are unable or only partly able to return the goods received or are only able to return them in a deteriorated condition, you may, where necessary, be under obligation to pay us compensation. As regards the transfer of items, this shall not apply if the deterioration of the items is exclusively attributable to their examination - as would have been possible for you in a shop. You may avoid the duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect their value. Goods capable of being sent by parcel are to be returned to us at our risk. The cost of returning the goods shall be for your account if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed € 40 or if - in the event of more expensive goods - no consideration or contractually agreed partial payment has been rendered at the time of cancellation. Otherwise, the return consignment is free of charge. Goods that are not suitable for consignment by parcel post will be collected from you. Obligations to refund payments must be met within 30 days. The period commences for you on the date you sent the notice of revocation or the goods and for us, upon receipt thereof.

End of Cancellation 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 paulgreen-shop.de shall apply.


§ 6 Postage and Shipping Costs

Shipment is effected by Deutsche Post AG.
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 these 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:

0.-*/ 5.-   Germany
7.50   Austria, Belgium, France, Luxembourg, Netherlands
12.50   Switzerland, Bulgaria, Denmark, Estonia, Finland, Greece, Ireland, Italy, Lithuania, Poland, Rumania, Sweden, Slovenia, Spain, Czech Republic, Hungary, United Kingdom
30.-   Croatia, Norway, Russian Federation, Serbia, Ukraine
40.-   Australia, China, Japan, USA

* from a purchase order value of € 99.00


§ 7 Terms of Payment

(1) Payment must be made in the currency shown on the invoice.
(2) We accept payment by credit card, against prepayment, via PayPal or by cash on delivery; delivery against invoice is not possible. We reserve the right to deliver goods only against cash in advance.
(3) If your residence is outside Germany, payment is only possible by credit card or against prepayment.
(4) 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.
(5) 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. In the event of transportation damage, please contact the delivery agent immediately.


§ 9 Warranty

(1) The warranty period is based on the legal provisions. Normal wear or tear of the goods does not constitute a warranty claim.
(2) 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

We retain title to the goods delivered until payment has been made in full.


§ 11 Data Storage

(1) 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.
(2) 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

(1) 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.
(2) 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 Final Provisions

(1) If individual provisions of these conditions or of a contract are or become invalid or unenforceable, the remaining provisions shall not be affected. In this case, both parties are obliged to agree upon a regulation the economic content of which comes as close as possible to the invalid provision. This shall also apply to a regulatory loophole.


§ 14 Provider Information

Schuhe Lüke GmbH, Schusterstraße 33, 79098 Freiburg, Germany
info@schuhe-lueke.de
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 16.02.2011)
paulgreen-shop.de 2012 | last update: 22.05.2012 19:10:30
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