Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
With regard to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contract partner, conclusion of contract, correction options
The purchase contract is concluded with JB Digitalwerk GmbH & Co. KG.
The presentation of products in the online shop does not constitute 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 aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order is submitted.
We accept your offer within two days by
- sending a declaration of acceptance in a separate email, or
- processing the payment transaction via our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see “Payment”).
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract language, storage of contract text
The language(s) available for concluding the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login area.
4. Subject of the contract
4.1 Product description
The respective product description is an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following specifics. If you are unsure, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Delivery conditions
5.1 Delivery area
We deliver within Germany.
5.2 Shipping costs
In addition to the stated product prices, shipping costs may apply for standard shipping. Further details on shipping costs can be found in the respective offers.
5.3 Delivery options
We ship the products to the delivery address specified during the order process.
Delivery is only possible by shipping. Unfortunately, self-collection is not possible.
6. Payment
6.1 Prices
The prices stated at the time of the order apply. These are total prices and include statutory VAT.
6.2 Payment methods
The following payment methods are generally available in our shop.
PayPal
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 you the following payment options as PayPal services. Unless
otherwise stated below, payment via PayPal does not require registration
with PayPal. Further information can be found with the respective
payment option and during the order process.
PayPal, PayPal Express
To
pay the invoice amount via PayPal, you must be registered with PayPal,
log in with your access data and confirm the payment instruction. The
payment transaction is carried out by PayPal immediately after the order
is placed.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these options; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment
by direct debit via PayPal requires an address and credit check and is
made directly to PayPal. By confirming the payment instruction, you
grant PayPal a direct debit mandate. You will be informed by PayPal about
the date your account will be debited (so-called prenotification). The
account will be debited before the goods are shipped.
Purchase on account via PayPal and Ratepay
Purchase
on account via PayPal requires an address and credit check and is
processed directly via Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin
(“Ratepay”).
7. Right of withdrawal
You are entitled to the statutory right of withdrawal as described in the withdrawal policy.
8. Retention of title
The product remains our property until full payment has been made.
For
entrepreneurs additionally applies: We retain ownership of the product
until all claims arising from an ongoing business relationship have been
settled in full. You may resell the reserved goods in the ordinary
course of business; you hereby assign to us in advance all claims
arising from this resale – regardless of whether the reserved goods are
combined or mixed with a new item – in the amount of the invoice amount,
and we accept this assignment. You remain authorized to collect the
claims; however, we may also collect the claims ourselves if you fail to
meet your payment obligations. We will release the securities to which
we are entitled at your request to the extent that the realizable value
of the securities exceeds the value of the outstanding claims by more
than 10%.
9. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to file a complaint or make contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment.
10. Warranty and guarantees
10.1 Defect liability
Unless expressly agreed otherwise below, the statutory warranty law applies.
The following limitations and shortening of periods do not apply to claims arising from damages 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 fraud
- in case of breach of essential contractual obligations (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Limitations for entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for the right of recourse pursuant to § 445a BGB remain unaffected.
Note for merchants
Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notification regulated there, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and claims by email at info@appleofedenshoes.shop
11. Liability
We shall always be liable without limitation for claims arising from damages 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,
- in case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In
case of breach of essential contractual obligations (cardinal
obligations) due to slight negligence by us, our legal representatives
or vicarious agents, liability shall be limited to the foreseeable
damage typical for the contract at the time of conclusion of the
contract.
Otherwise, claims for damages are excluded.
12. Code of conduct
We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
13. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the possibility to use this platform for resolving their disputes.
To
resolve disputes arising from a contractual relationship with a
consumer or regarding whether such a contractual relationship exists at
all, we are obliged to participate in dispute resolution proceedings
before a consumer arbitration board. The competent body is the Universal
Arbitration Board of the Center for Arbitration e.V., Straßburger
Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in a dispute resolution procedure before this body.
14. Final provisions
If you are an entrepreneur, German law applies excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Terms and Conditions created with the Trusted Shops legal text generator