0 0

General Terms and Conditions

General Terms and Conditions

These terms and conditions apply to all your present and future purchases in our online shop www.shoes-berlin.de. The operator of this online shop is the company Nero Handels GmbH, Managing Director Klaus-Dieter Schwarz, Dircksenstraße 46, 10178 Berlin, Germany. All deliveries, services and offers of Nero Handels GmbH shall be made exclusively on the basis of these terms and conditions.

Differing, conflicting or supplementary general terms and conditions shall not be a contractual component, even if they are known, unless their validity is expressly agreed in writing.


Conditions of the Contract

The presentation of the products in this online shop does not present a legally binding offer, but a non-committal online catalogue. You can start by placing our products into the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided and explained in the order process. By clicking the button „Buy“ / „Order for payment“, you place a binding order of the products contained in your shopping basket. You will receive an order confirmation by e-mail immediately after placing the order.

Contract conclusion depends on the payment method chosen by you:

Cash on Delivery

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Purchase in Advance

We accept your order by sending a declaration of acceptance in a separate e-mail within two days, which will contain our bank details.

PayPal Plus

As part of the payment service PayPal Plus we offer various payment methods as PayPal services.

After placing the order you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. This concludes the contract with us.


Prices

The prices shown include VAT and are subject to change without notice. Additional services such as shipping costs to other European countries or surcharges for express deliveries will be charged separately. The delivery terms of the free delivery of your order apply only to customers in Germany. For delivery to other European countries the shipping costs are calculated separately, depending on the respective country. Products are exclusively sold to private consumers.


Cancellation Policy

Cancellation Right

You have the right to cancel the contract within a period of fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or have taken possession of the goods.

In order to exercise your cancellation right, you must inform us (Nero Handels GmbH, Engelsdorfer Strasse 339, 04319 Leipzig, Germany, info@shoes-berlin.de) by means of a clear statement (e.g. a letter, fax or e-mail) about your decision to revoke this agreement. You can use the enclosed sample revocation form, but this is not required.

In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the revocation period.

Consequences of Cancellation

If you cancel this contract, we will refund you all the payments we have received from you, in case of orders within Germany including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us) within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged repayment fees. We may refuse repayment until we have recovered the goods or until you have demonstrated that you have returned the goods, whichever is earlier.

You are obliged to return the goods to us immediately and in any case not later than fourteen days starting from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days expires. We cover the cost of returning the goods within Germany (except for articles from the Birkenstock range). We refuse acceptance of freight collect packages. You only have to pay for any diminished value of the goods if this loss of value is due to a handling of the goods on your behalf that is not necessary to check the quality, properties and functionality of the goods.


Withdrawal Form

If you want to cancel the contract, please fill out this form and return it to:

Nero Handels GmbH
Engelsdorfer Straße 339
04319 Leipzig
Germany
E-mail: info@shoes-berlin.de

I/we hereby revoke the contract concluded by me/us with the purchase of the following goods:

.................................................

.................................................
(Product name, invoice number, price)

Ordered:

.................................................
(Date)

Received:

.................................................
(Date)

Name, address of the costumer/s:

.................................................

.................................................

.................................................


.................................................
(Date)


.................................................
(Signature of customer, only with written cancellation)


Extended Right of Return on shoes berlin - 100 days after receipt of goods

For all purchases in the shop shoes-berlin.de, shoes berlin grants a voluntary right of return of 100 days in addition to the statutory right of revocation. This is only valid for purchases in the shop shoes-berlin.de. Thus, our customers can also cancel the contract after expiry of the period of revocation (see above) by sending the goods back to us within 100 days of receipt of the goods (deadline beginning on the day after the receipt of goods). Timely transmission is sufficient to ensure timely delivery.

However, the prerequisite for the exercise of the right of return is that the customer has merely tried on the goods, as in the fitting room of a retail shop, and returns the goods completely in the original packaging.

The statutory right of revocation shall not be affected by the observance of our rules on the extended right of return and shall remain independent of this.


Maturity / Payment

Unless otherwise agreed in writing, shoes berlin invoices are due immediately. For the payment, you can principally use the following payment methods. In individual cases, it is possible that not all payment methods are available. You can find out more in the payment modalities below.

Purchase in Advance:

If you choose the payment method in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Purchase by Cash on Delivery:

You pay the purchase price directly to the deliverer. You will be charged an extra 5.60 Euro.

Purchase by Paypal:

As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.

If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the payment order and after authentification of you being the legitimate cardholder. You'll get more information during the ordering process.

If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the money order you give PayPal a direct debit mandate. You will be informed about the date of the account debit by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.

If you have selected the payment method invoice, you do not have to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and delivery of the order, we withdraw our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. For the payment via PayPal apply - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal. For more information, the complete terms and conditions of PayPal purchases via invoice can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms


Delivery and Delays

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

We are entitled to partial deliveries and partial services. Delivery and performance delays due to force majeure and due to events which make delivery substantially more difficult or impossible for us, – in particular strike, lock-out, official orders, etc., even if they occur at suppliers of shoes berlin or sub-suppliers – are outside our responsibility, even with bindingly agreed deadlines and dates. In such cases, we are entitled to extend the delivery or service by the duration of the obstruction plus a reasonable start-up period. We reserve the right, in the event of non-payment for a longer period of time with cash on delivery payment and with the other payment methods specified by us, to cancel the order in whole or in part. If the customer is in default of acceptance, shoes berlin reserves the right to sell the goods to a third party or to hold the original customer liable for a potential loss.


Passing of Risk

If the customer is an end user, the risk of accidental loss or accidental deterioration of the goods sold will be transferred to the buyer only upon delivery of the goods. The transfer is the same if the buyer is in default of acceptance.


Warranty

If you are an end user, you must check the goods or service in any case immediately upon receipt. Complaints of obvious defects are only accepted and are only permissible if they occur within one week after receipt of the goods and in writing. If you are a consumer, you are entitled to the statutory warranty claims, as long as no deviations are made. In the case of justified complaints, we are obliged, at our own discretion, to remedy and / or replace the delivery. In the case of delayed, unsuccessful or failed repair or replacement delivery, however, you have the right to mitigate or cancel the contract. All warranty rights of the customer become statute barred one year after delivery of the contractual services.


Reservation of Ownership

The goods remain our property until full payment.


Liability

For claims due to damages caused by us, our legal representatives or fulfilment auxiliaries, we are liable without limitation in the event of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in the case of guarantees, if so agreed, or as far as the Product Liability Act applies.

In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or fulfilment auxiliaries, the liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, which typically has to be expected. In case of default, they amount to a maximum of 5% of the order value. Apart from that, claims for damages are excluded.


Data Privacy

For data privacy, please refer to our privacy policy.


Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), available here: https://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to resolve their disputes.

In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. Responsible is the General Consumer Arbitration Center of the Center for Conciliation e.V., Strassburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure at this office.


Final Clauses

German law applies, excluding UN purchase law. Should any provision of these General Terms and Conditions be or become invalid, the remaining part of the contract shall remain unaffected and effective. In this case, the parties undertake, instead, to enter into an agreement that comes closest to the invalid regulation.


Our service team is at your disposal for all questions, information and complaints. (available Monday–Friday from10.00–16.00, Telephone: +49 (0)30 28097053, E-Mail: info@shoes-berlin.de).