General Terms and Conditions

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General Terms and Conditions – for “ShoeStar Hamburg”

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Contents

A. General Terms and Conditions

1 Applicability
2 Conclusion of contract
3 Return shipping costs when asserting the right to cancel
4 Prices and conditions of payment
5 Terms and conditions of delivery and shipment
6 Liability for defects
7 Applicable law

B. Customer information

1 Information on the identity of the seller
2 Information on the major features of the good or service
3 Information on the conclusion of a contract
4 Information on payment and delivery
5 Information on the technical steps leading to the conclusion of a contract
6 Information on storage of the contractual text
7 Information on the technical resources designed to identify and correct input errors
8 Information on the languages available for concluding a contract

A. General Terms and Conditions
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1 Applicability
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1.1 These General Terms and Conditions of Der Schuh Paulig GmbH – ShoeStar (hereinafter referred to as the ‘Seller’) apply to all agreements which a consumer or entrepreneur (hereinafter referred to as the ‘Customer’) concludes with the Seller in connection with the goods and/or services presented by the Seller in its online shop. Unless agreed otherwise, the Seller hereby objects to any terms and conditions of the Customer.

1.2 A consumer in the sense of these General Terms and Conditions is any natural person concluding a transaction for a purpose which cannot be connected to their commercial or independent professional activity. An entrepreneur in the sense of these General Terms and Conditions is any natural person, corporate body or incorporated partnership acting in its independent professional or commercial interests by concluding a transaction.

2 Conclusion of contract
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2.1 The products displayed in the online shop of the Seller do not represent a binding offer on the part of the Seller; rather, they serve to allow the Customer to submit a binding offer.

2.2 The Customer can submit the offer using the online order form in the online shop of the Seller. By entering its personal data and clicking on the button to conclude the order process, the Customer is submitting a legally binding contractual offer in connection with the goods in the basket.

2.3 The Seller can accept the offer of the Customer within two days

– by sending the Customer a written order confirmation (by post, fax or email), in which regard the receipt of the order confirmation by the Customer shall be definitive, or

– by delivering the ordered goods to the Customer, in which regard the receipt of the goods by the Customer shall be definitive, or

– by prompting the Customer to render payment after submitting the order.

If several of the aforementioned options occur at once, the contract shall come into effect on the date on which one of the aforementioned options first occurred. If the Seller fails to accept the offer of the Customer within the deadline specified above, this shall count as a rejection of the offer and release the Customer from its declaration of intent.

2.4 The offer acceptance deadline shall commence on the day after the submission of the offer by the Customer and shall end upon the expiry of the second day following the submission of the offer. If the final day of the deadline should be a Saturday, Sunday or national holiday affecting the registered office of the Seller, the next working day shall take the place of that day.

2.5 Orders are normally processed automatically, and the method of communication is normally email. The Customer must ensure that the email address entered during the order process is correct, in order that the Customer can receive the emails sent by the Seller to that address. In particular, if using spam filters, the Customer must ensure that all emails sent by the Seller or third parties engaged by the Seller to process the order are not automatically filtered out.

3 Return shipping costs when asserting the right to cancel
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If the Customer has a right to cancel and asserts it, the Customer must bear the normal costs of return shipping if the price of the item to be returned does not exceed 40 euros or, if the price of the item does exceed 40 euros, if the Customer has not rendered either a partial payment or consideration as of the date of cancellation, unless the delivered item does not match the item ordered. In all other cases, the Seller shall bear the costs of return shipping.

4 Prices and conditions of payment
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4.1 The prices indicated by the Seller are final and include statutory VAT. Any additional delivery or shipping costs accrued shall be indicated separately in each product description.

4.2 With regard to deliveries to countries outside of the European Union, additional costs may be accrued for which the Seller is not responsible and which must be borne by the Customer. These costs may include money transfer charges by credit institutes (e.g. transfer fees and exchange fees) and import charges or taxes (e.g. customs).

4.3 The Customer can choose from a range of payment methods listed in the online shop of the Seller.

4.4 If payment in advance is agreed, payment shall be due immediately upon the conclusion of a contract.

5 Terms and conditions of delivery and shipment
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5.1 Goods shall normally be delivered by means of shipment to the delivery address provided by the Customer. The delivery address provided during the order process of the Seller shall take priority when the transaction is processed. As an exception, if PayPal is chosen as the means of payment, the delivery address of the Customer stored in PayPal at the time of payment shall be authoritative.

5.2 If the carrier returns the shipped goods to the Seller after being unable to deliver them to the Customer, the Customer shall bear the costs of the unsuccessful delivery. This shall not apply if the Customer asserts its right to cancel by refusing acceptance if it is not responsible for the cause of the failure to deliver the goods, or if it was temporarily prevented from accepting the offered performance, unless the Seller had given reasonable prior notice of the performance.

5.3 In all cases, the risk of accidental destruction and degradation of the goods shall transfer to the Customer or the person authorised to receive the goods when the goods are delivered. If the Customer is acting as an entrepreneur and is purchasing by dispatch, the risk of accidental destruction and degradation shall transfer to a suitable carrier when the goods are shipped from the premises of the Seller.

5.4 The Seller reserves the right to withdraw from the contract if it receives incorrect or improper deliveries itself. This shall only apply if the Seller is not responsible for the default in delivery and if the Seller has, with due diligence, concluded a covering transaction with the supplier. The Seller shall take all reasonable steps to procure the goods. If the goods are unavailable or only partially available, the Customer shall be immediately informed and the consideration shall be immediately returned.

5.5 Collection in person is not possible due to logistical reasons.

6 Liability for defects
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The statutory provisions concerning liability for defects shall apply.

7 Applicable law
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7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers as long as its protection is not removed by mandatory provisions of the law of the state in which the consumer is habitually resident.

7.2 If the Customer is acting as an entrepreneur, corporate body under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this agreement shall be the registered offices of the Seller. If the Customer is based outside of the territory of the Federal Republic of Germany, the registered offices of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this agreement, if the agreement or claims arising from the agreement can be assigned to the professional or commercial activity of the Customer. In the cases described above, the Seller is entitled to file lawsuits at the competent court at the place of business of the Customer.

7.3 The contractual language is German.

B. Customer information
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1 Information on the identity of the seller
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Der Schuh Paulig GmbH – ShoeStar
Wiesenhöfen 9
22359 Hamburg

Tel.: +49 (0)40 3573 1453

Managing director: Andy Paulig

Registry court: Local court of Hamburg
Registration number: HRB112500

VAT ID number pursuant to section 27a of the German Umsatzsteuergesetz (UStG, ‘value added tax act’): DE269770670

2 Information on the major features of the good or service
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The major features of the goods or service can be found in the product description published by the Seller.

3 Information on the conclusion of a contract
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The contract shall come into effect in accordance with section 2 of the General Terms and Conditions of the Seller (see above).

4 Information on payment and delivery
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Payment shall be carried out in accordance with section 4 and delivery in accordance with section 5 of the General Terms and Conditions of the Seller (see above).

5 Information on the technical steps leading to the conclusion of a contract
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The Customer must complete the following technical steps in order to submit its offer using the online order form of the Seller:

5.0.1 Add the desired item to the virtual basket

5.0.2 Enter the billing and delivery address(es)

5.0.3 Select the preferred delivery option

5.0.4 Select the preferred payment method

5.0.5 Review order summary

5.0.6 Submit the order

5.1 The Seller shall accept the order in accordance with section 2.3 of the General Terms and Conditions of the Seller (see above).

6 Information on storage of the contractual text
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The contract shall be stored by the Seller and sent to the Customer after the submission of its offer, together with these General Terms and Conditions and other customer information in writing (e.g. as a letter or email). However, after it submits the order, the Customer will be unable to view the contract on the website of the Seller.

7 Information on the technical resources designed to identify and correct input errors
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Before submitting the binding offer, the Customer can use the conventional keyboard and mouse functions to continuously correct the information it has entered. Additionally, all information entered is displayed once more in a confirmation window in which it can be corrected using the conventional keyboard and mouse functions before the binding offer is submitted.

8 Information on the languages available for concluding a contract
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The only language available for concluding a contract is German.