GENERAL TERMS AND CONDITIONS
§ 1. CONTRACTING PARTIES, SCOPE OF APPLICATION
(1) For the business relationship between the
Seads Holding GmbH,
represented by the Managing Director Agnes Wagter
Alfredstr. 98, 45131 Essen,
Registered in the Commercial Register of the Essen District Court under HRB 30337
VAT identification no.: DE 325772472
- hereinafter "provider" or "Seads" -
and the customer (hereinafter "customer"), in particular for all transactions concluded via the Seads online shop, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognised unless Seads expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2. CONCLUSION OF THE CONTRACT
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that the computer monitor will display every colour exactly. All offers on our website and our details of goods are non-binding and subject to change.
(2) Our offer is exclusively for consumers. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account, the same credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders which, in our judgment, appear to have been placed by dealers, resellers or distributors. We ask dealers, resellers or distributors to send their enquiry to us by e-mail instead of via our online shop.
(3) The customer can select products from our range, in particular shoes, and select them as described in our Shopping Guide. By clicking on the button "order with obligation to pay", the customer submits a binding contractual offer (order) to purchase the goods in the shopping basket. Before sending this binding contractual offer, the customer can change and view the data at any time. However, the contractual offer can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and has thereby included them in his contractual offer.
(4) After receipt of the binding contractual offer, we will send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order and the GTC as well as the cancellation policy) will be sent to the customer by us on a durable data medium (e-mail or paper printout).
(5) The contract shall only be concluded by the submission of the declaration of acceptance sent with a separate e-mail (order confirmation) by the supplier or the dispatch of the goods.
(6) The text of the contract is stored in compliance with data protection laws.
(7) The contract shall be concluded in German.
§ 3. DELIVERY, AVAILABILITY OF GOODS
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 3 working days within Germany and 5 days outside Germany.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Andorra, Austria, Belgium, Bulgaria, Canada, China, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Gibraltar, Greece, Holland, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Norway, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States, and Vatican City.
§ 4. RESERVATION OF OWNERSHIP
Until full payment has been made, the delivered goods remain the property of the supplier.
§ 5 PRICES AND SHIPPING COSTS
(1) The prices stated in our shop are gross prices and include the statutory value added tax and plus shipping costs.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer makes use of his right of withdrawal.
(3) The goods shall be dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 PAYMENT MODALITIES
(1) We offer the following payment options:
- Credit card
- Sofort by Klarna
(2) The purchase price is due in full upon delivery. You shall be in default without further declaration by us 14 days after the due date if you have not paid. During the period of default, you shall pay interest on the debt at a rate of 5 percentage points above the base interest rate. We reserve the right to claim further damages for default. With respect to merchants, our claim to the commercial due date interest ( 353 HGB) as well as the claim to default interest in the amount of 9% points above the base interest rate (§ 288 para. 2 BGB) shall remain unaffected.
(3) You are only entitled to offset against our claims if your claims have been legally established, we have acknowledged them or if your claims are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
(4) The customer can change the payment method stored in his user account at any time.
§ 7. WARRANTY FOR MATERIAL DEFECTS, GUARANTEE
(1) The supplier is liable for material defects in accordance with the statutory provisions applicable to this, in particular §§ 434 ff. BGB.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.
§ 8. LIABILITY
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 CANCELLATION POLICY
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them of below in accordance with the statutory model.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Seads Holding GmbH, Alfredstr. 98, 45131 Essen, Germany, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to Seads Holding GmbH (Schulze-Delitzsch-Str. 27, 30938 Burgwedel, Germany) without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to 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 the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
- To Seads Holding GmbH, Alfredstr. 98, 45131 Essen, Germany, firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
§ 10 VOLUNTARY RETURN GUARANTEE
For all purchases, in addition to the statutory right of withdrawal, we grant a voluntary return guarantee of a total of 30 days from receipt of the goods. You can also withdraw from the contract after expiry of the 14-day revocation period by returning the goods to us within 30 days of receipt (period begins on the day after receipt of the goods), provided the goods are complete and in their original packaging and are in an unused and undamaged condition and the goods are not specially made to customer specifications or clearly tailored to personal needs. Timely dispatch is sufficient to meet the deadline.
The contractually granted voluntary return guarantee does not affect your statutory rights and claims. In particular, your statutory right of withdrawal and your statutory warranty rights remain unrestricted.
§ 11 DATA PROTECTION
Information on the protection of your personal data can be found in our data protection policy.
§ 12. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 13 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of 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.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.