Terms and Conditions
General Terms and Conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Redemption of promotional vouchers
- Applicable law
- Jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of iesse Schuh GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional.
1.3 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or telephone.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the moment the first of the aforementioned alternatives occurs. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal User Agreement, which can be viewed at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller does not make the contract text accessible beyond this. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.
2.7 Before submitting the order bindingly via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The German language is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer is agreed, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the customer's bank account is debited. Further information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com
4.5 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The invoice purchase payment method requires a successful credit check by Klarna AB. If the customer is allowed the invoice purchase payment method after credit checking, the payment processing is carried out in cooperation with Klarna AB, to which the seller assigns their payment claim. In this case, the customer can only make payments with discharging effect to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in their payment information in the online shop.
4.6 If the payment method "PayPal Invoice" is selected, the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Invoice" to the customer in case of a negative credit check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payments to PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims. Additionally, the General Terms of Use for using PayPal's invoice purchase apply, which can be viewed at https://www.paypal.com
4.7 If a payment method offered via the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms can be viewed here:
https://www.haflinger.com
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller advances performance, he reserves ownership of the delivered goods until full payment of the owed purchase price.
7) Defect liability (warranty)
Unless otherwise specified in the following provisions, the provisions of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defect rights for new goods is one year from delivery of the goods;
- the rights to defects are excluded for used goods;
- the limitation period does not begin anew if a replacement delivery is made within the scope of defect liability.
7.2 The liability limitations and shortened deadlines regulated above do not apply
- for the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and give notice of defects according to § 377 HGB applies. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.
7.5 If the customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect on their statutory or contractual warranty claims.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, insofar as nothing else is regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the contract's purpose, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller can fulfill its obligation with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller is aware or grossly negligently unaware of the lack of authorization, legal incapacity, or lack of representation authority of the respective holder.
10) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer’s registered office.
12) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
