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Terms and Conditions

§ 1 CONCLUSION
AND CONTENT OF THE CONTRACT

1. The following General Terms and Conditions (AGB) shall apply to all contracts, deliveries and other services of ZEHA Berlin Schuh Design GmbH & Co. KG Prenzlauer Allee 214, 10405 Berlin (hereinafter "Seller") within the scope of the online shop on the websites of www.zeha-berlin.de and www.zeha-berlin.com (hereinafter "Seller's Websites"). Any other regulations / terms and conditions of customers shall not apply, unless the Seller has expressly confirmed this in writing. Thus, the following conditions shall also then apply exclusively, if the Seller, being aware of the customer's conditions which are opposing to or deviating from the following terms and conditions conditions, executes the delivery or service implicitly.
Detailed information about the Seller is shown on the Seller's website under the link "Legal Notice". For contact details regarding the online shop press the button "Service Contact" on the Seller's website in the online-shop section. These details are also included in the revocation instruction.

2. These Terms and Conditions can be accessed on the Seller's website at any time, be printed or saved by the customer, usually by using the internet service programme (= browser: then "File": then "Save under and/or "Print"). Also on the Seller's website can be found under "General Terms and Conditions" the option to download the conditions as PDF file and archive it. In addition, the General Terms and Conditions are forwarded to the customer as hard copy together with the shipment.

3. Offers of the online shop in the internet placed on the Seller's website are non-binding invitations to the customer to order goods at the online shop. By clicking on the button "Purchase" the customer provides a binding offer for entering into a purchase contract, when ordering goods online with the Seller. The customer receives a confirmation of the order by E-mail, which will not constitute acceptance but only documents receipt of the confirmation. The contract becomes valid only upon acceptance of the purchase order by the Seller, which is generally through shipment of the goods, as the Seller can enter into a binding contract only on the basis of goods available, see § 3 hereunder.

4. As far as the customer is consumer pursuant to § 13 BGB (civil code) (= a natural person, who will not exercise the Seller's services for the purpose of practising commercial or independent activities with the legal transaction), the customer is entitled to revocation, whereby the customer receives the following revocation instruction as printable electronic mail as well as in form of a hard copy with the shipment. The customer will also receive a revocation form as hard copy together with the delivery of the goods.

§ 2 PRICES

1. The prices stated in the Seller's online shop at the time of the order shall apply to the products ordered by the customer. All prices are gross prices incl. the legal German value added tax. Insofar as shipping costs and/or costs for packaging are charged they will be indicated to the customer before ordering by stating the total costs. They are also gross prices. The total amount or the total including shipping costs to be paid will be clearly shown to the customer in the list during the ordering process prior to initiating the purchase order and explained again understandably in the confirmation of the purchase order by E-mail.

2. The goods are delivered against advance payment or payment by credit card or - provided as offered by the Seller - by PayPal. The goods will be shipped to the customer only after receipt of the credit note has been recorded. The Seller reserves the right to refrain from offering certain methods of payment and to refer to other payment methods.

3. If, by way of exception goods are delivered prior to payment, they are under reservation of title until complete payment.
 

§ 3 DELIVERIES

The goods ordered are dispatched to the address indicated by the customer after receipt of the purchase price, as quickly as possible, normally within 5 work days, insofar as available from stock and only as long as stocks last (= handover to the shipping company). Delivery outside Germany shall only be effected according to respective agreement with the customer.

2. A procurement risk will not be accepted by the Seller, neither in case of a purchase contract for unascertained goods. The Seller shall only be obliged to deliver from existing stocks.

3. The obligation to deliver shall further lapse, if the Seller, despite correct congruent hedging transaction, has not been properly supplied itself or is not responsible for the non-availability and has informed the customer about this within one week after receiving knowledge thereof. In such a case, any advance payment made shall be reimbursed without delay.

4. In the event of delays in delivery caused by force majeure or other inevitable occurrences, which are beyond the Seller's control, delivery time extends respectively. Commencement and end of such impediments shall be communicated to the customer within 5 work days by the Seller. In case such impediment lasts longer than 4 weeks, the customer is entitled to cancel the purchase order or - in case of an existing contract - cancel the contract. Any further claims, especially claim for damages shall not exist in case of such impediments.

5. For consumers the risk of accidental destruction or accidental deterioration of the goods in case of shipment purchase shall be transferred upon handover of the goods to the consumer or a recipient designated by the consumer. This shall apply irrespective whether the shipment is covered by insurance or not. Otherwise, the risk of accidental destruction and accidental deterioration of the goods shall be transferred upon the handover, in case of shipment purchase with delivery of the goods to the shipping agent or another person or institution designated for effecting the shipment.
 

§ 4 WARRANTY,
LIMITATION OF LIABILITY

1. The German legal regulations shall apply, insofar as the application of the German law is admissible, subject to the following provisions.

2. In case of existing defects or if the customer detects later occurring defects, they are to be communicated by the customer to the Seller in text form. Should the customer refrain from a notification of defects and uses the goods despite defectiveness, the defect shall be deemed accepted.

3. Goods are not deemed defective due to damage caused by the customer through improper treatment or not intended use or normal wear.

4. The Seller shall not accept liability for damage not arisen at the delivery item itself. In particular, the Seller shall not be liable for lost profit or other financial loss of the customer. Limitation of liability shall also apply to employees, representatives and vicarious agents of the Seller. It shall not apply if the damage is caused by intent or gross negligence or if personal injury exists or contractual duties (pursuant to item 5. p. 2) have been violated. It shall further not apply if the customer asserts legal and not waivable claims.

5. The provisions laid down in the product liability act shall not be affected hereby. If the Seller negligently breaches an essential contractual obligation, the liability to pay for material damages shall be limited to the damage typically arising.
 

§ 5 DATA PROTECTION

In the event of entering into a contract the Seller gathers and processes the personal data provided to the Seller by the customer in its system for the purpose of processing the contract and billing. Personal data shall be all information that enables the identification of a person directly or indirectly, e.g. name, residential address, E-mail address, date of birth, profession, bank account etc.

For the purpose and the duration of shipping the goods the personal data provided by the customer will be handed over to the transportation or shipping company as well as to the respective suppliers.

The personal data provided shall not be used for any purposes beyond those stated before and insofar treated as strictly confidential, unless the customer has approved certain further use of its personal data (e.g. newsletter or similar).

The Seller accepts no liability for data security during the transmission on the internet (e.g. due to technical defects of the provider) or for any criminal access of third parties on the Seller's files in the web presentation. The Seller has however taken measures for the ordinary care to avoid such illegal access.

Access data for the customer login which are transmitted to the customer at its request are to be kept confidential, as the Seller accepts no liability for the use and application of such data. The Seller uses cookies which are stored on the customer's hard drive and can only be read out again by the Seller's server when the customer establishes a data connection to the Seller again. Further particularities can be found in the privacy policy highlighted on the Seller's website.
 

§ 6 COMMERCIAL
PROPERTY RIGHTS

The contents of the Seller's website on which the online shop is presented are protected by law. The customer shall not be entitled without the prior written consent of the Seller to copy, disclose and/or use for commercial purposes material that is protected by copyright, trademark, fair competition law or otherwise protected, especially texts, illustrations, graphs, software, videos, music, brands, logos or other corporate symbols. Insofar as contents are provided by the Seller for downloading no rights of use are granted that exceed the designated purpose on which the download is based.
 

§ 7 RIGHT OF WITHDRAWAL
IN CASE OF NON-ACCEPTANCE OF SERVICE

The customer undertakes to accept the goods if shipped according to contract either directly or arrange for their acceptance, respectively, or collect or arrange for their collection within 7 days after notification by the respective delivery agent at the given address. If delivery of the goods should be effected by a shipping agent, a date for delivery is also to be arranged within 7 days. If this is not the case, the Seller shall be entitled to withdraw from the purchase contract without setting a further deadline.
 

§ 8 ASSIGNMENT / OFFSETTING /
RIGHT OF RETENTION

Claims asserted against the Seller shall not be assigned by the customer. Offsetting shall only be permitted with legally confirmed, undisputed or recognised counterclaims of the Seller.The customer shall be entitled to retention, only if and to the extent that its counterclaim is based on the same contractual relationship. If the customer is in default of payment, the Seller shall be entitled to claim legal default interest amounting to currently 5 per cent points above the basis interest rate p. a. In case of a higher damage provably sustained by the Seller which is caused by delay, the latter is entitled to claim damages for this too.
 

§ 9 LINKS ON THE
WEBSITE OF THE SELLER

The Seller shall not be liable for third-party links on its websites www.zeha-berlin.de und www.zeha-berlin.com. Insofar the Seller renounces with immediate effect from the contents of such third-party links
 

§ 10 PLACE OF JURISDICTION

Insofar as the conditions of § 38 ZPO (civil procedure rules) are present, jurisdiction is at the Seller's place of business. In any other respect, especially for contracts with consumers legal jurisdiction shall apply. In so far legally admissible German law applies. Use of UN Convention on Contracts for Internal Sale of Goods (CISG) shall be excluded.
 

§ 11 CHANGES TO THE GENERAL OF JURIS

The Seller shall be entitled to change these General Terms and Conditions unilaterally, to the extent that they are established in the contractual relationship with a customer, insofar as it is required for the elimination of subsequent equivalence disorders or for the adjustment to changing legal or technical conditions. The Seller shall notify the customer of the adjustment and communicate the content of the amended regulations. The amendment shall become part of the contract, unless the customer within 6 weeks after receipt of the amendment note contradicts in writing or text form the inclusion in the contractual relationship towards the Seller.
 

§ 12 SEVERABILITY

Any complete or partial ineffectiveness of single provisions in these General Terms and Conditions shall not affect the effectiveness of the remaining provisions. Any ineffective provision shall be replaced by a respective provision of the standard conditions of the German shoe industry as amended, in addition the legal provisions taking into account the presumed will of each party.
 

REVOCATION INSTRUCTION

If you are consumer pursuant to § 13 BGB (German Civil Code), (= a natural person, who will not exercise the Seller's services for the purpose of practising commercial or independent activities with the legal transaction) you can revoke your contractual statement within fourteen days without giving reason by a clear declaration (e.g. sending us a letter by surface mail, E-mail, fax).

Address:
Zeha Berlin Schuh Design GmbH & Co. KG
Prenzlauer Allee 214
10405 Berlin
Phone: +493044034607
Fax: +493044017215
E-Mail: onlineshop@zeha-berlin.de,
 

CONSEQUENCES
OF THE REVOCATION

When you revoke this contract we shall pay back immediately, at the latest within fourteen days from the day we received your notice on your revocation of this contract, all payments received from you including shipping costs ( except for additional costs incurred because you chose another supply method than the more favourable standard supply we offered). For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall we charge any compensation for this repayment.

We are entitled to refuse repayment until we have received the goods or have received proof that you have returned the goods, whichever is the earlier.

You are obliged to send or hand over to us the goods without delay and in any case within fourteen days at the latest from the day you notify your revocation to us. The deadline is deemed observed, if you dispatch the goods before the period of fourteen days expires.

Objects consignable by parcel shipment are to be returned at your (the customer) expense. Objects not consignable by parcel shipment will be collected at your premises. You shall compensate for a loss of value of the goods only, if this loss results from handling the goods not being required for checking the quality, features and functioning of the goods.
 
 


State: 01.03.2019