Cancellation policy

———————————————————————————- Cancellation policy (online, email, invoice) – Online shop – for ‘ShoeStar Hamburg’ ———————————————————————————- Instructions on the legally admissible use of this document ————————————————————————– 1 This cancellation policy may only be used in connection with an e-commerce distance selling contract with regard to deliveries of goods. Therefore, it can be used by companies which sell goods to consumers over the Internet, regardless of whether or not the company uses its own online shop or a trading platform such as eBay, Amazon or Yatego for this purpose. However, this cancellation policy does not apply to contracts for services (including any rental, works, agency, brokerage, dating or travel agency agreements). 2 A text version of the cancellation policy and information on the liability of the consumer to pay compensation under section 356 paragraph 3 line 1 of the German Civil Code (BGB) and any means of avoiding the same must be issued immediately after the conclusion of the agreement at the latest. Thereafter and in addition to the online version thereof, the entrepreneur must send the consumer the cancellation policy as a document or in another format containing the written version of the cancellation policy immediately after the conclusion of the agreement. For example, this can be by email, fax or letter. The immediateness shall be deemed adhered to if the cancellation policy is issued within a deadline to be set based on the circumstances of the individual case. Pursuant to the explanatory memorandum on the reorganisation of the right to cancel, it is sufficient if the entrepreneur sends the consumer a written version of the policy on the day after the order is placed. However, as we cannot yet be certain whether case law also deems this sufficient, the IT-Recht Kanzlei (‘office of IT law’) recommends including the cancellation policy in the first email sent immediately after the conclusion of the order process. 3 This cancellation policy may not be applied in connection with a purchase on examination in the sense of section 454 of the BGB. 4 This form of the cancellation policy may only be applied if the consumer agrees to bear the return shipping costs, in so far as legally permissible (the ‘40 euro clause’), in the General Terms and Conditions. If such an agreement is not included in the general terms and conditions of the entrepreneur, the cancellation policy must be reworded accordingly. Please note that before using this cancellation policy, you should carefully check whether it contradicts any cease-and-desist declaration you have issued or any legal injunction passed against you. Are you uncertain? Consult a lawyer! Please note that you must publish the full versions of the legal texts received from us for specific websites (e.g. the cancellation policy and the General Terms and Conditions with customer information) together and on each website. If you omit parts of the texts received from us for specific websites, or entire texts, the legal certainty of the remaining texts or text sections can no longer be guaranteed. In this case, Protected Shops accepts no liability for any damage you suffer as a result. Consumers have a right to cancel under the following provisions, whereby a consumer is any natural person concluding a transaction for a purpose which cannot be connected to their commercial or independent professional activity: Cancellation policy —————— Right to cancel ————– You can withdraw your contractual declaration in writing (e.g. by letter or email) within 14 days without providing a reason or, if you receive the item before this deadline expires, by returning the item. The deadline shall commence once you receive a written copy of this cancellation policy, although not before the goods are received (not before receipt of the first partial delivery in the case of recurring deliveries of identical goods) and not before we fulfil our duties to provide information pursuant to article 246 section 2 in connection with section 1 paragraphs 1 and 2 of the introductory act to the German Civil Code (EGBGB) and our duties under section 312g paragraph 1 line 1 of the German Civil Code (BGB) in connection with article 246 section 3 of the EGBGB. Punctually sending the notice of cancellation or the item shall suffice with regard to adherence to the cancellation deadline. The notice of cancellation is to be sent to: Der Schuh Paulig GmbH – ShoeStar Wiesenhöfen 9 22359 Hamburg Germany Returns are to be sent exclusively to the following address: Der Schuh Paulig GmbH – ShoeStar Wiesenhöfen 9 22359 Hamburg Consequences of cancellation ————— In the event of an effective cancellation, the considerations received by each party are to be returned and any derived benefits (e.g. interest) are to be surrendered. If you are unable to return or surrender the received consideration or derived benefits (e.g. benefits of use) to us, or only in a deteriorated condition, you must pay us compensation. You must only pay compensation for the deterioration of the item and for derived benefits in so far as the benefits or deterioration are based on use of the item beyond the examination of its features and functions. ‘Examination of its features and functions’ means testing and trying out the item in the same way as is possible and conventional in retail shops. Items that can be shipped in parcels are to be returned at our risk. You must bear the standard costs of returning the item if the delivered item matches the item you ordered and 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 you have not rendered a contractually agreed partial payment or consideration as of the date of cancellation. Otherwise, returning the item shall be free of charge to you. Items that cannot be shipped in parcels shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you once you send your notice of cancellation or the item; it shall commence for us once we receive the same. – End of the cancellation policy – General information ——————- 1 Please avoid damaging or soiling the item. If possible, please return the item to us in its original packaging with all accessories and with all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging to ensure that the item is afforded sufficient protection against damage during transportation. 2 If possible, please do not return the item to us at our expense. At your request, we will be happy to reimburse you with the shipping costs in advance if you are not obliged to bear them. 3 Please note that items 1 and 2 above are not a requirement for the effective assertion of your right to cancel.