General terms and conditions
§ 1 Scope
(1) The following terms and conditions apply to contracts that you enter into with us, Schuhmanufaktur Hackner e.K., owner Mr. Friedrich Hackner, Zwingerstraße 5, 91161 Hilpoltstein, as a provider via our website https://www.schuhmanufaktur-hackner.de. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Formation of the contract
(1) The ordering process for the conclusion of the contract includes the following steps in our store system: Selecting the product in the desired specification, placing the offer in the shopping cart, pressing the button “continue to checkout” or “checkout”, entering the billing and delivery address, selecting the payment method, checking and processing the order and all entries, pressing the button ‘order with costs’. However, the application can only be submitted and transmitted if the customer has given his consent to the transmission of the data to the shipping service provider by clicking on the “Accept GTC” button and has accepted the contractual terms and conditions and thereby included them in his application.
(2) If the Customer selects PayPal as a payment method, the Customer shall first be redirected to the website of the provider of the instant payment system PayPal, where the corresponding selection or entry of the Customer’s data shall be made. Finally, the customer is redirected back to the provider’s online store to the order overview page. If the customer chooses payment in advance, he will be informed of the bank details in the e-mail by means of which the order is confirmed (paragraph 4 of this regulation).
(3) The customer can correct input errors during the ordering process at any time using the usual keyboard and mouse functions. Before the final submission of an offer, he can check his information again and correct it after pressing the “Back” button of his browser on the previous page.
(4) The Provider shall then send the Customer an order confirmation by e-mail in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. This order confirmation represents the acceptance of the order and contains the order data, the legally required information for distance contracts and the general terms and conditions. The complete contract text is not stored by the provider.
§ 3 Manufacturing, delivery, availability of goods
(1) Production and delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price, if such has been agreed, and are based on receipt of the customer’s footstep foam by the supplier. If no or no deviating manufacturing and delivery time is specified for the respective goods in our online store, it is usually six weeks from receipt of the footstep foam.
(2) If, at the time of the Customer’s order, no copies of the product selected by the Customer are available or can be manufactured, the Supplier shall inform the Customer of this without delay in the order confirmation. If the product is permanently not available or producible, the supplier refrains from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the Customer in the order is only temporarily unavailable or cannot be manufactured, the Supplier shall also inform the Customer of this without delay in the order confirmation.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) For the cost of shipping, please refer to the overview page of your order, which appears after you have confirmed the button “Checkout” or “Proceed to Checkout”. There you can take the shipping costs before you complete the order by selecting the button “order subject to payment”.
(3) The goods shall be shipped by mail. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make the payment by PayPal or by prepayment.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 7 Warranty for material defects, guarantee
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) The warranty period for goods delivered by the Supplier to entrepreneurs is 12 months. The above restriction shall not apply to claims for damages by the customer arising from injury to life, limb or health or other damage caused by gross negligence. The above restriction does not apply to claims for damages by the customer arising from injury to life, limb, health, other damage caused by gross negligence, the provider has fraudulently concealed the defect and / or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the condition of the item.
(3) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The obligations arising from par. 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act shall remain unaffected.”
§ 9 Cancellation policy
Consumers have a statutory right of withdrawal when concluding a distance selling transaction. This does not apply to goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or to contracts that are clearly tailored to the personal needs of the customer.
For details, please see the website button “Right of withdrawal”. There you will also find our sample cancellation form.
§ 10 Final provisions
(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(3) Amendments or supplements to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(4) Should individual provisions of this Agreement be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.