GENERAL BUSINESS CONDITIONS of ZEHA Berlin Schuh Design GmbH & Co.KG

for our online shop at our websites
www.zeha-berlin.en and www.zeha-berlin.com


§ 1 Contract conclusion and contents of the contract


1. The following general terms and conditions (GTC) apply for all contracts, deliveries and other services of ZEHA Berlin Schuh Design GmbH & Co.KG Prenzlauer Allee 214, 10405 Berlin, Germany ("Seller") as part of the online-shops at the websites www.zeha-berlin.en and www.zeha-berlin.com (in the following "Seller's Websites"). Modified regulations / general terms and conditions by the customers do not apply, unless that the Seller explicitly confirms this in written form. Thus, the following provisions also apply in the case that the Seller carries out the delivery and service without any reservation although being aware of conflicting or deviating terms and conditions by the Customer.
The specific information about the seller can be found at the Seller’s website under "Imprint". The specific contact information of the online-shop can be found on the Seller's website within the online-shop area under "Service Contact". They are also included in the revocation instructions.The data protection information can be found on our website under "Privacy".

2. These general terms and conditions can be viewed by the customer on the Seller's website at any time and printed or stored by using the standard functions of the Internet service program (= browser: here usually “file”: here usually “Save As” or “Printing”). 

3. The Internet offers of the online-shop at the Seller’s website are non-binding order requests to the Customer within the online-shop. By clicking “buy”, the Customer provides a binding offer to conclude a purchase contract if he orders on the Internet goods from the Seller. The Customer receives an email confirmation of the order, which is not an acceptance, but only documents the receipt of the confirmation. The contract is only then concluded when the Seller accepts the order, which typically takes place upon delivery of the goods since binding contracts can only be concluded by the Seller on the basis of available goods, cf. here § 5 of these GTC.

§ 2 Right of Withdrawal


If the Customer is a consumer according to § 13 BGB (= a natural person, who does not use the Seller's services for the purpose of carrying out commercial or independent professional activities with this legal transaction), the customer has a right of withdrawal, whereas the Customer receives durinng the order process the following cancellation instructions and the withdrawal form designed as an electronic file for printing or saving 

Cancellation instructions

Insofar as you are a consumer pursuant to § 13 BGB, German Civil Code (= a natural person, who does not use the services of the Seller for the purpose of performing a commercial or independent professional activity with the legal transaction), you can cancel your contract statement within fourteen days by means of a clear statement but without providing reasons (e.g., surface mail, email, fax).

Address:
Zeha Berlin Schuh Design GmbH & Co.KG
Prenzlauer Allee 214
10405 Berlin
Germany
Phone: +493044034607
Fax: +493044017215
The withdrawal form can be found under https://www.zeha-berlin.de/out/media/file/withdrawalform-zeha-berlin.pdf. It can be completed and printed to send it to us. You can also complete it electronically and send it directly to us in an electronic format. If you make use of your right of revocation, we will immediately send you a confirmation of your withdrawal (e.g. by e-mail). The withdrawal period of fourteen days from the day when you or a third party you assigned and who is not a carrier took possession of the goods. In order to comply with the withdrawal period, it is sufficient to send us before the expiration of the withdrawal period a notification that you will exercise the right of withdrawal.

Consequences of Revocation:
If you withdraw from this contract, we will refund all payments that we received from you, including delivery costs (except of additional costs that are the result of the fact that you have chosen a type of delivery other than the low-cost standard delivery offered by us), without delay and at the latest within fourteen days from the day, at which we have received the notification of your revocation from the present contract. Regarding the refund, we use the same means of payment that you used in the original transaction, unless something else has been explicitly agreed on; under no circumstances will you be charged any fees for refund. 
We may deny the refund until the goods are returned or until you have provided proof that you have returned the goods, depending on, what happens first. In the case of returns from countries outside of the European Union, in addition to proof of return, also customs declaration is necessary, as otherwise refund of the purchase can be denied due to the fact that the good were not received because of missing customs declaration. Information about the requirements of the customs declarations are attached to the confirmation email, which also contains the invoice addressed to the recipient in countries outside the European Union.
You must deliver or return in person immediately the goods, latest within fourteen days from the day when you informed us about the revocation of the contract. The deadline has been met, if you sent the goods before expiration of the period of fourteen days.
You bear the direct costs for returning the goods. For returns within Germany, we cover the costs for returning the goods. You only have to pay for any loss in value of the goods, if this loss of value is related to an unnecessary handling of the goods when examining the structure, properties and functions of the goods.

§ 3 Saving the contract text


We save the text of the contract and send you the ordered data by email. Details about your order and previous orders, see the "My Account" section. You can view, save and print our general business conditions and the privacy policy at any time on our website.

§ 4 Prices


1. For the products ordered, the prices apply specified at the time of the Customer's order in the Seller's online-shop. These are gross prices including statutory German value-added tax. As far as shipping- and/or packaging prices are additionally charged, these are shown to the Customer prior to the order as part of the total cost statement. These are also gross prices. As part of the ordering process, the total amount or the final sum to be paid including shipping fees will be transparently displayed to the Customer, before the order is placed and comprehensibly explained along with the email confirmation.

2. The shipment of the goods takes place in exchange of advance payment or credit card payment – if offered by the Seller – via Paypal. Only after the credit has been determined in the case of those payment methods, the goods are shipped to the Customer. The Seller reserves the right to offer certain payment methods and to refer to other payment methods of the Seller.
In addition, we offer payment options by invoice or instant transfer via the Klarna service. Payment is then made directly to Klarna. Klarna invoices must be paid within 14 days of accounting (= invoice date). The invoice conditions can be found here
The personal data are processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations of Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en/privacy).

3. If goods are delivered before payment, they are subject to retention of title until full payment has been made.

4. The Customer pays the bank fees incurred on the occasion of return debit from direct debit or credit card processing fees, unless she or he is not responsible for the return debit or for the credit card processing fees. The Seller reserves the right to determine on a case-by-case basis an appropriate processing fee, unless the Customer is not responsible for the return debit or credit card processing fees.

5. The Seller does not assume any money-transaction costs due to wires by the Customer, which are initiated by an instruction outside of Germany. In particular, no differences caused by currency exchange rates or by other costs are paid if the wire arrived from a non-EU member state.

6. If after the order has been confirmed by the Seller per email a payment of the purchase price by the has not made by the Customer within 14 days (credit), the Customer’s order will be nullified. Wires to Klarna are subject to Klarna’s payment terms.


§ 5 Shipment


1. The ordered goods will be shipped as soon as possible to the address indicated by the Customer after receipt of the purchase price or if the means of payment is chosen via the Klarna service at the time of the order, usually within 5 working days, if available in stock and only as long as the stock lasts (= transfer to the transport company). Shipments outside Germany are only made on the basis of a corresponding agreement with the customer.

2. A purchase risk is not assumed by the Seller, even in the case of a purchase contract for a generic product. The Seller is only obliged to ship from the existing inventory.

3. The shipment obligation shall be also be waived if despite the proper congruent cover transaction the Seller did not receive properly and/or on time a delivery and thus does not need to justify the non-availability when the Seller informs the Customer within a week about the non-availabilty. .In such a case, the Seller will refund any advance payment as soon as possible.

4. If the delay of the shipment occurs due to force majeure or other unavoidable events, for which the Seller is not responsible, the delivery period shall be accordingly extended. The Seller informs the Customer about the beginning and end of such obstacles within 5 weekdays. If such an impediment persists for longer than 4 weeks, the customer has the right to cancel his order or - if a contract is already in place - to withdraw from the contract. Further claims, in particular claims for damages do not exist in the case of such obstacles.
5. In the case of consumers, the risk of accidental loss or accidental deterioration of the goods at the time of the purchase of shall pass to the consumer or to a recipient designated by him. This applies regardless of whether the shipment is insured or not.  
Otherwise, the risk of accidental loss and accidental deterioration of the goods will be transferred to the Customer in the case of shipment, sales shipment, delivery of the goods to a forwarding agent or person or institution in charge of making the shipment.


§ 6 Warranty, Limitation of Liability


1. The statutory provisions related to warranty apply.

2. If defects exist or if the Customer recognizes defects occurring later, they need to be indicated by the Customer to the Seller in writing. If the Customer fails to notify the defect and continues to use the goods despite of the defect, then the defect is deemed to have been approved .

3. Defects of the goods are no damages, which the Customer causes by means of improper usage, non-contractual treatment or by usual wear damages.

4. The Seller shall not be liable for damages that have not caused by the shipment itself. In particular, the Seller shall not be liable for the loss of profit or for any other financial loss suffered by the Customer. The limitation of liability also applies to employees, Seller's representatives and vicarious agents. It does not apply, to the extent that the cause of the damage is due to intent or gross negligence, or if there is personal injury or if essential contractual obligations are (taking into account Item 5 p. 2) were injured. Furthermore, it does not apply, if the customer asserts statutory and non-removable claims. 

5. The provisions of the Product Liability Act are not affected by this. If the Seller negligently violates an essential contractual obligation, the obligation to compensate for damage to property is limited to the typically occurring damage.

6. If the rectification is fulfilled by the shipment of new goods, the goods already received by the Customer must be shipped with due care by the Customer within 30 days to the Seller, who pays the shipping fees.


§ 7 Data Protection


In the event of a conclusion of the contract, the Seller collects and processes in his system personal data provided by the Customer to the Seller in his system for the purpose of contract processing and settlement. Personal data are all information, with which a person can be directly or indirectly identified, e.g., name, residential address, email address, date of birth, occupation, account inofrmation, etc.
For other purpose and for the shipment duration of the goods, the personal data provided by the customer are transferred to transport or forwarding companies as well as to the respective suppliers.
For any other purposes, the personal data provided will not be reused and will be treated strictly confidentially, unless the Customer agreed that his/her personal data are further used for other purposes (e.g., newsletter).
The Seller assumes no liability for data security during the Internet transmission (e.g., due to technical errors of the provider) or for possible criminal access to files of the Seller’s Internet presence by third parties. However, the Seller has taken usual due diligence measures to prevent such attacks.
Access data for the Customer’s login, which is transmitted to the Customer at the request of the Customer him-/herself, are to be treated strictly confidential by the Customer, since the Seller is not liable for the use of those data.
The Seller uses cookies, which are stored on the Customer’s  harddrive and can only be read again by the Seller’s server, if the Customer establishes again a data-technical connection to the Seller. The Seller points out on his website further aspects with respect to the privacy statement.

§ 8 Intellectual Property Rights and Copyright


The contents of the Seller’s website, on which the online-shop is offered, are legally protected. Without prior written consent of the Seller, the Customer is not entitled to copy, distribute or to use for commerical purposes copyrighted, trademark and competiton protected material, in particular texts, figures, graphics, software, videos, music, brands, logos and other company identifiers. Insofar as the Seller provides content for download, no rights of use beyond the specific purpose of use underlying the download are granted. 

§ 9 Right of Withdrawal in case of Non-Acceptance of the Service


The customer is obliged to accept directly the goods or let them accept or to pick them up or let them pick up within 7 days after notification by the relevant delivery service at the mentioned address. Should the goods be delivered by a forwarding agency, in this case also within 7 days a delivery date needs to scheduled. If this is not done, the Seller is entitled to withdraw from the purchase contract without an additional deadline.

§ 10 Assignment/Offsetting/Right of Retention


The claims against the Seller may not be assigned by the Customer. Offsetting is only possible with legally established, undisputed or accepted counterclaims by the Seller. The Customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
If the Customer is in default of payment, the Seller is entitled to request the statutory default interest in the amount of currently 5 percentage points above the base interest rate p.a. If the Seller has demonstrably suffered a higher damage caused by the delay, she/he is also entitled to assert it.

§ 11 Links on the Seller's Website


The Seller is not liable for third-party links on his websites www.zeha-berlin.en and www.zeha-berlin.com. In this respect, the Seller already distances her//himself from the contents of such external links. 

§ 12 Place of Jurisdiction


Insofar as the prerequisites of Section 38 ZPO are met, the place of jurisdiction is the registered office of the Seller. For the remaining cases, especially in the case of Consumer contracts, the legal place of jurisdiction applies.

To the extent permitted by law, German law applies. The application of the UN purchase law (CISG) will be excluded.

§ 13 Amendments to the General Terms and Conditions


The Seller is entitled to unilaterally change these General Terms and Conditions insofar as they are contractually introduced with a Customer, insofar as this is necessary for the elimination of subsequently occurring equivalence irritations or to adapt new legal or technical conditions. The Seller will inform the Customer of an amendment by notifying the Customer of the contents of the amended regulations. The amendment will be part of the contract, if the Customer does not object in written form 6 weeks after receipt of the notice of amendment about the inclusion in the contract with the Seller. 


As of: August 21, 2019

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