General terms and conditions with customer information 1. scope
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7. liability for defects
8. liability
9. redemption of gift vouchers
10 Applicable law
11. place of jurisdiction
12. information on online dispute resolution
1. scope 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Harold's Lederwaren GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly provided for.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. conclusion of contract 2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, mail or telephone.
2.3 The Seller accepts the offer of the Customer by the following possible alternatives:
- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The decisive factor for the time of acceptance is the first alternative that has occurred.
The period for acceptance of the offer begins on the day following the sending of the offer by the customer and ends with the expiry 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 shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking the button concluding the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares, in deviation from the above regulations, the acceptance of the customer's offer at the time of issuing the payment order.
2.5 If the customer selects the payment method "Amazon Payments" for the payment of his purchase, he submits his offer by clicking the button concluding the order process. If the customer also issues the payment order to Amazon at the same time by clicking this button, the seller declares the acceptance of the customer's offer at the time of issuing the payment order, in deviation from the above regulations.
2.6 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.7 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.8 The language of the contract is German.
2.9 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. prices and terms of payment 3.1 The displayed prices are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to check the details with the respective institutions or authorities before placing the order.
3.3 The customer can choose the payment methods available in the online store.
3.4 In the case of payment by "PayPal", payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. delivery and shipping conditions 4.1 The delivery of goods by shipping shall be made to the delivery address specified by the customer. Deviating from this, in case of payment via PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally take place only upon handover of the goods to the customer or a person authorized to receive the goods.
Notwithstanding the foregoing, the risk shall pass, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the Seller has not previously named this person or institution to the Customer.
4.4 The conclusion of the contract shall be subject to the reservation that in the event of improper, delayed or non-existent self-delivery, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent covering transaction between the Seller and the Supplier, the Seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts by the Seller. In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
4.5 In case of agreed self-collection, the Customer shall be informed by the Seller that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs are incurred.
4.6 Vouchers shall be provided to the Customer in the following form:
- by e-mail
- per download
- postal
5. right of withdrawal 5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The seller's cancellation policy applies to the right of cancellation.
6. retention of title 6.1 In the case of contracts with consumers, the goods shall remain the property of the Seller until payment has been made in full.
6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the Seller until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business.
The customer shall assign to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the Seller shall refrain from collecting the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the Customer.
7. liability for defects With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the rights and claims due to defects are generally excluded in the case of used goods;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- the limitation period shall also not begin again if a replacement delivery has been made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following shall apply to used goods with the restriction of the following clause: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation
do not apply
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for damages culpably caused by the Seller resulting from injury to life, body or health and in the case of damages caused by gross negligence or wilful misconduct
- or in the event of fraudulent intent on the part of the Seller as well as in the event of claims pursuant to §§ 478, 479 BGB.
7.4 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB).
7.6 If the Customer is acting as a consumer, he is requested to complain about received goods with obvious transport damages to the delivery person and to inform the Seller about it.
It is expressly clarified that the customer's statutory or contractual claims for defects shall not be affected if the customer fails to comply with this request.
8. liability The liability of the seller from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1 The Seller shall only be liable without limitation for damage caused by intentional or grossly negligent conduct.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.
An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the contractual partner regularly relies and may rely.
The Seller shall also be liable as regulated above on the basis of a warranty promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, lost profits and to mandatory liability such as under the Product Liability Act.
8.2 Liability shall be limited - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply mutatis mutandis in favor of the Seller's employees and vicarious agents.
9. redemption of gift vouchers 9.1 Vouchers that have been purchased via the Seller's online store ("Gift Vouchers") can also only be redeemed in the Seller's online store.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining credits will be credited to the customer's gift voucher account until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Only one gift voucher can be redeemed per order. The redemption of multiple gift certificates in one order is not possible.
9.5 Gift vouchers can be redeemed only for the purchase of goods.
The purchase of additional gift certificates can not be paid by voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered may be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 The gift voucher is personal and may only be redeemed by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material eligibility of the respective Voucher Holder.
10 Applicable law The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11. place of jurisdiction If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's place of business.
12. information on online dispute resolution The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link:
https://ec.europa.eu/odr We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
