TERMS OF SERVICE
Note: The following General Terms & Conditions (“GTC”) also contain the legally required information on your rights as per the German laws on contractual agreements involving distance selling and electronic commercial transactions.
§ 1 Scope
These GTC as applicable at the moment of the conclusion of the contract apply to all agreements with customers (“Customers”) that are concluded via the online shop on the website www.redwingberlin.com (“Website”).
§ 2 Parties to the Agreement
The purchase agreement is entered into with Kay Knipschild e.K. (“Red Wing Berlin”). You will find additional information about Red Wing Berlin in the Legal Notice.
§ 3 Conclusion of the Agreement
(1) The representation of products in the online shop does not constitute a binding offer; instead it represents a non-binding online catalog. Customers can select products by clicking on the button “Put into shopping basket”. By clicking the submit button “Buy”, you give a legally binding offer to buy the products contained in your shopping cart.
(2) You will receive confirmation of your order immediately after you have submitted the order. This confirmation will only document that we have received the order. It will not constitute an acceptance of the purchase offer. Instead, the agreement will either be concluded by an order acceptance that is sent by e-mail or by shipping the products to you within 5 days.
§ 4 Right of Withdrawal
(1) Information on your right of withdrawal
As a consumer you have the right to withdraw the agreement according to statutory provisions. “Consumer” pursuant to § 13 German Civil Code (BGB) means any natural person who has concluded a legal transaction for a purpose that cannot be mainly attributed to his or her commercial or freelance job. The following notice informs you about the details of the right of withdrawal.
RIGHT OF WITHDRAWAL / INSTRUCTIONS FOR CUSTOMERS
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal you must inform us:
Red Wing Shoes
c/o Kay Knipschild
Telephone: 030 27 879 638
Fax: 030 27 890 422
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or via e-mail). You may use can use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to withdraw before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from the contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us :
Red Wing Shoe Store Berlin
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF RIGHT OF WITHDRAWAL NOTICE
(2) Model withdrawal form
If you want to withdraw the contract, please complete the following form and send it back.
- To Red Wing Shoes, c/o Kay Knipschild, Almstadtstr. 35, 10119 Berlin, e-mail: firstname.lastname@example.org, fax: 030 27 890 422:
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Please delete as appropriate
§ 5 Delivery; Product Availability
(1) We use DHL to ship via the quickest route. We deliver within 3-5 business days after receipt of payment. But please remember that our products are not mass produced. If it looks like the delivery time will deviate from this rule in your individual case, we will inform you of this in the email containing the confirmation of your order.
(2) If ordered products are not available, we will inform you immediately thereof. If, after conclusion of the contract and despite of having concluded a covering transaction, we experience supply difficulties for which we are not responsible, we reserve the right to withdraw from the contract. We will immediately inform you in writing thereof and, if applicable, suggest delivery of a comparable product. If a comparable product is not available or if you do not agree to such comparable product, we will immediately reimburse you and refund any payments you have rendered up to that point.
§ 6 Retention of Ownership
The products you have purchased remain under our ownership until the purchase price has been paid in full.
§ 7 Prices and Shipping Costs
(1) The prices listed on our Website include the legal valued added tax and other price components and will be indicated separately in the invoice.
(2) For shipping costs, please see the notes on shipping costs on our Website.
(3) In cases of a purchase by a consumer, the products will be shipped in compliance with applicable laws on the assumption of risks. If the purchaser is a company, the transport risk passes over to the purchaser as soon as the products are consigned to the carrier.
(4) The value added tax applicable in the Federal Republic of Germany applies to shipments to European Union (EU) member countries. For orders from outside of the EU, we subtract the portion of German value added tax from the list price. But you will be liable for the import tax your country’s Customs Office typically charges. We are not able to give out information on the collection of import taxes. We will print the declaration of the country of origin on your invoice. Within the EU, payments from foreign banks are not subject to additional fees if you enter the IBAN and SWIFT codes below on your bank transfer form. Without these codes, the bank will charge us a EUR 7 processing fee for crediting your payment to our account. If your transfer does not come from a German bank, we will have to obtain this EUR 7 from you.
IBAN Code: DE 40 1005 00000 1901 72878
SWIFT Code: BELADEBEXX
§ 8 Payment
You can pay for your order via prepayment, PayPal, credit card or Sofort-Überweisung.
If you select prepayment as your payment type, we will include our bank account information in the confirmation of your order and ship the products after the prepayment has been credited to our company bank account.
If you have chosen to pay your invoice via online service provider PayPal, you need to register with PayPal or already have a PayPal account. After PayPal has confirmed you as a user and sent your access data, you can instruct PayPal to pay us. You will receive detailed instructions during the order process.
(3) Credit card
You can also pay by credit card. We currently accept MasterCard and Visa.
If you have chosen to use Sofort-Überweisung as means of payment, a pre-filled form will be displayed at the end of the ordering process. This form will already contain the banking details of Red Wing Berlin as well as the transfer amount and the reference. The only information you will need to add are your online banking login data (account number and PIN).
§ 9 Warranty, Guarantees
(1) Red Wing Berlin accepts liability for legal and material defects in accordance with the legal provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The legal warranty period for the sale of new products is two years from the delivery of the product. The warranty period for the sale of used products is one year from the delivery of the product. For all defects of purchased products that become apparent within the period of statutory warranty, you may choose between the statutory rights of subsequent performance, repair/replacement or – if additional legal requirements are met – purchase price reduction, withdrawal or compensation, including compensation for “damages in lieu of performance” and compensation for your futile expenditures.
(2) Because our products are not mass produced, the product(s) you receive may deviate slightly from the depiction and specifications published in our online shop. If you have received products with obvious material or manufacturing defects, including transport damages, please describe the defects in writing and send your complaint immediately to us or an employee of the carrier that shipped the products. If you do not submit your complaint immediately, this will however not affect your legal rights as a consumer. Should you be a merchant, as defined in the German Commercial Code (HGB), you must inform us of defects immediately but no later than one week after receipt of the product(s). With regard to defects that could not be detected within this period despite careful inspection, you must immediately inform us in writing upon detection of such defects.
(3) Additional guarantees for products delivered by Red Wing Berlin may only be assumed, if mentioned explicitly in the order confirmation.
§ 10 Liability
(1) Customer claims for damages are excluded. This does not apply to claims for damages based on the injury of life, body or health or claims based on the breach of essential contractual obligations (cardinal duties) as well as claims for other damages based on a willful or grossly negligent breach of duties by Red Wing Berlin, its legal representatives or auxiliary persons. Essential contractual obligations are those that are necessary for achieving the objectives of the contract.
(2) In case Red Wing Berlin breaches essential contractual obligations, Red Wing Berlin will only be liable for the typical and predictable damage if the damage was caused by slight negligence. This does not apply to damages that are based on the injury of life, body or health.
(3) The restrictions pursuant to paragraphs (1) and (2) above also apply in favour of the legal representatives and auxiliary persons of Red Wing Berlin, if claims are directly asserted against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 11 Storage of the Agreement Text
We will not save the text of the contract. You can save it by using the print function of your browser and generate a print out. If you want to save the text of the contract in reproducible form, you need to arrange this by yourself.
§ 12 Final provisions
(1) These GTC shall be governed by and interpreted and construed in accordance with the laws of the Federal Republic of Germany without regard to UN sales law. Legal provisions containing restrictions regarding the choice of law and the applicability of binding provisions, in particular regarding the state in which the Customer as a consumer has its ordinarily residency, remain unaffected. Insofar as both parties to this agreement are fully qualified merchants, the court of jurisdiction is the District Court of Berlin-Mitte.
(2) If any part of these GTC is found to be illegal, invalid, incomplete or otherwise unenforceable, the remaining parts of these GTC will c remain unaffected. Instead of invalid provisions or to fill in potential gaps, a valid and appropriate provision, which, as far as legally possible, comes closest to the economic purpose or to the incomplete provision, shall be applicable.