GENERAL TERMS AND CONDITIONS

§ 1 SCOPE OF APPLICATION, INCLUSION

1.1 The following terms and conditions apply to orders that you place in the online shop of Ströber & Co. GmbH ("We"). Orders can be placed in the online shop for customers from Germany and Austria. Customers from other EU countries or all other countries can order via the contact form.
1.2 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
1.3 By clicking on the corresponding button, you expressly agree to the validity of these General Terms and Conditions before placing your order. We do not recognise any deviating terms and conditions unless we have expressly agreed to their validity in writing.
1.4 These Terms and Conditions apply to consumers (i.e. natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity).
1.5 The contract language is exclusively German.
1.6 The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18.

§ 2 CONCLUSION OF CONTRACT

2.1 The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2.2 By clicking on the button "order subject to payment" you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
2.3 After receipt of the purchase offer, you will receive an e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
2.4 A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance.

3.1 The prices quoted in the online shop include the applicable statutory value added tax.
3.2 All prices are quoted in EURO and are valid at the time the order is placed. 3.3 Shipping costs for deliveries within Germany: We charge a flat-rate shipping fee of EUR 6.95 for orders.
3.4 For shipments to other countries, shipping costs will be charged in the amount of the costs incurred.

§ 4 PAYMENT

4.1 Payment can be made by prepayment, invoice, cash on delivery, credit card, direct debit, Amazon Account (Amazon Pay), PayPal, PayPal Express, PayPalPlus or Klarna.
4.2 We are responsible for selecting the available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment.
4.3 If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation. In the case of advance payment, we grant a discount of 3% of the purchase price.
4.4 In the case of purchase on account, the purchase price must be paid within 14 days of receipt of the goods. Please refer to the invoice enclosed with your delivery for the invoice amount.
4.5 When paying by cash on delivery, you pay the applicable cash on delivery charges.
4.6 Payments by credit card and payments by direct debit are processed via PayPal (as part of PayPalPlus).
4.7 When paying with Amazon Pay, you pay with the payment and address data of your Amazon customer account. The customer account is debited upon delivery of the ordered goods.
4.8 When paying with PayPal (PayPalPlus), you will be redirected to the PayPal website during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us; after placing the order in the shop, we will request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
4.9 If you are in default with a payment, you are obliged to pay statutory default interest at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

5.1 The delivery time within Germany and to Austria is up to 5 working days after receipt of the order.
5.2 Delivery times to all other countries can be provided on request.
5.3 By way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite for this is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the procurement risk (having to procure ordered goods). This also applies to orders of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. 

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. 

Company: Ströber & Co. GmbH
Address: Industriestraße 26, 79194 Gundelfingen (Germany)
E-Mail: Schuhe@stroeber.de
Fax: +49761 / 40 00 69-29

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. From an order value of Euro 69.95, returns from Germany and Austria are free of shipping costs. In this case, please use the return label enclosed with the consignment. If the order value is lower, you are responsible for the return costs. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the cancellation policy

6.1 The right of cancellation does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or - in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

6.2 Please avoid damage or contamination. If possible, please return the goods to us in the original packaging with all accessories and packaging components. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.
6.3 The above modalities in paragraph are not a prerequisite for the effective exercise of the right of cancellation. 

7.1 If goods are delivered with obvious transport damage, please complain about these defects immediately to the deliverer and contact us as soon as possible.
7.2 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

8.1 Unless expressly agreed otherwise, warranty claims are governed by the statutory provisions of sales law §§ 433 BGB ff.
8.2 The warranty period is two years from delivery of the goods.

9.1 You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close, mutual relationship of dependence with our claim.
9.2 You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

The delivered goods remain our property until full payment has been made. 

11.1 We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
11.2 In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to vicarious agents

 The use of our photographs and other contents of our online shop is prohibited without prior written authorisation.

As part of the contractual relationship, we collect, store and, if necessary, pass on data to the extent necessary to provide the contractual services. Please refer to the separate data protection and consent declaration of our online shop. 

14.1 Consumers have the option of initially resolving disputes in connection with an online order without involving a court. For this purpose, the EU Commission has provided an internet platform for out-of-court dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged to participate in an arbitration procedure and therefore cannot offer you participation.
14.2 We would like to settle any differences of opinion arising from our contract with you by mutual agreement. To this end, we ask you to contact us directly at the addresses provided so that we can agree a goodwill solution with you.

15.1 We reserve the right to amend our General Terms and Conditions for factual reasons (changes in the law, changes in jurisdiction, changes in economic circumstances and changes in operational processes).
15.2 In the event of changes to our General Terms and Conditions, we will inform you of the intended changes during the ordering process. If you do not object to these changes within one month of receipt of the information by means of a clear declaration (e.g. a letter sent by post, fax or e-mail), the new, amended General Terms and Conditions shall apply to the contractual relationship.

16.1 Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the General Terms and Conditions.
16.2 Our contracts shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of contracts with consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the country in which you are resident is not withdrawn.
Status: 25 October 2018