I. General Terms and Conditions
§ 1 Basic terms
(1) The following terms and conditions apply to all contracts between you and us as provider (Schott Orthopädie-Schuhtechnik GmbH & Co KG) that are concluded via the website my-vale-shop.de. Unless otherwise agreed, the inclusion of any terms stipulated by you which you may use yourself will be vetoed.
(2) In terms of the following regulations, a consumer is any natural person who enters into a legal transaction for purposes mainly outside their trade, business or profession. An entrepreneur is any natural person or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of products.
Sandals and insoles are made according to customer specifications. To enable this, a footprint box is sent to you beforehand. You then leave a print of each of your feet in the box and return the box to us. Once the box has been returned, the requested product is made based on the footprint sent by you.
You can also create and request sandals with an individualised design by clicking on the “Designer” button.
(2) Already by inserting our products on our website we make you a binding quote to conclude a purchase contract according to the terms and conditions specified in the article description.
(3) The purchase contract is concluded by using the online shopping basket system as follows: The products being purchased are put in the shopping basket. You can access the “Shopping basket” and make changes to it at any time by clicking on the relevant button on the navigation bar. Once the “Checkout” page has been called up, your details have been entered and the payment and shipping terms viewed, all the details of the order will be displayed on an order overview page. p>
If you have chosen an instant payment system (for example, PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung), you will be directed to the order overview page of our online shop or you will first be redirected to the website of the provider offering the instant payment system. If you are directed to the chosen instant payment system, make your selection or enter your data there. Finally you are redirected to the order overview page of our online shop. Before submitting your order, you are given the opportunity to check all the details again here and can amend them if necessary (including by clicking on the web browser’s “Back” button). You can also cancel the order here if you wish. By submitting your order over the „Purchase“ button you make a legally binding declaration that you accept the quote and the purchase contract becomes effective.
Your requests for a quote are not binding for you. We will respond by sending you a binding quote in text form (by e-mail, for example) that you have five days to accept.
(4) Acceptance of the offer (and therefore the conclusion of the contract) will occur within two days in the form of a confirmation in text form (sent by e-mail, for example) to you. This will confirm the details of the order or delivery of the product(s) (order confirmation).
If you do not receive such a message within two days, you are no longer bound to your order. The cost of any services that have already been rendered will be reimbursed in this case immediately.
(5) The order will be handled by e-mail, and all the necessary information connected to the conclusion of the contract will also be sent by e-mail. Some of these e-mails will be generated automatically. Therefore you have to ensure that the e-mail address you have given to us is correct and that our e-mails will be received into your inbox. In particular, you must ensure that these e-mails will not be blocked by a spam filter.
§ 3 Production according to customer specifications (footprint box)
(1) You will post us the information required to produce the requested sandals and/or insoles based on customer specifications in the form of your footprint in the footprint box supplied by us. If you are in Germany, the footprint box with the footprint should be returned within 5-7 days after you have received the box. If you are not in Germany, the footprint box with the footprint should be returned within 7-10 days after you have received the box. Please send by post.
(2) Our instructions must be followed to ensure the footprint left in the footprint box is formed correctly. You will find specific instructions by clicking on the “Your footprint” button.
(3) We will not check that you have used the correct method to create the footprint sent by you and therefore do not accept liability for any errors.
We will only contact you again before making the sandals and/or insoles if there any obvious indications of errors in the footprint.
(4) If your delivery address is in Germany, and for orders with a delivery address in Great Britain, we pay the cost of returning the footprint box, providing you use the return label supplied with the footprint box. If you do not use the return label, or if the delivery address is not in Germany (with the exception of Great Britain), the cost of returning the footprint box must be paid by you.
§ 4 Special agreements on offered payment methods
SEPA Direct Debit When paying by SEPA Direct Debit, you authorise us to withdraw the invoice amount from the account given by you by issuing an appropriate SEPA mandate. The direct debit withdrawal will take place within 2-5 days from conclusion of contract.
The deadline for sending a bank pre-notification to the customer is shortened to 2 days before the due date. You are obliged to ensure that there are sufficient funds in the account to cover the invoice amount on the due date. In the event of a reject debit for which you are at fault, you are required to pay the bank charges incurred.
We reserve the right to rule out SEPA Direct Debit as a payment method in individual cases.
§ 5 Right of retention and reservation of ownership
(1) You may only exercise a right of retention with regard to claims arising from the same contractual relationship.
(2) The product remains our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) Irrespective of subsection 1, the following apply if you are an entrepreneur:
a) As far as the qualities of the product are concerned, only our own product information and the manufacturer’s product description are considered agreed but not any other adverts, public claims and/or statements by the manufacturer.
b) You are obliged to inspect the product with the necessary care for quality and quantity deviations immediately and to inform us in writing of any obvious defects within 7 days of receiving the product. This time limit will be considered complied with as long as the notification is dispatched on time. This also applies to hidden defects that are discovered later on. If the requirement to inspect and give notice of defects is not observed, you can no longer file warranty claims.
c) In the case of defects, we may choose between rectifying the defects or replacing the product with a new delivery. If the attempt to remedy the defects fails, you may choose between demanding a discount and withdrawing from the contract. Remedy of defects shall be regarded as failed after the second unsuccessful attempt provided nothing to the contrary results from the nature of the goods or of the defect or other circumstances. In the event of rectification, we will not have to pay the extra costs arising from transporting the product to another place than the place of performance, providing the transportation does not equate to intended use of the product.
d) The warranty is valid for one year from when the product is delivered. The limited warranty period does not apply in the event of culpably caused damage attributable to us that is arising from injury to life, body or health, damage caused by gross negligence, intentionally caused damage, bad faith on our part and recourse claims in terms of Sections 478 and 479 of the German Civil Code (BGB).
§ 7 Liability
(1) We are liable to an unlimited extent for damage arising from injury to life, body or health, and furthermore in all cases of intent and gross negligence, if a defect has been fraudulently concealed, if a guarantee for the qualities of the purchased object has been given, and in all other legally regulated cases.
(2) Liability for defects within the scope of statutory warranty is determined by the relevant regulations in our customer information (part II) and General Terms and Conditions (part I).
(3) If essential contractual obligations have been affected, our liability will be limited to foreseeable damages typical of the contract in the event of ordinary negligence. Essential contractual obligations are essential obligations arising from the nature of the contract that would put the purpose of the contract in danger of not being achieved if they were to be breached; they are also obligations that the content of the contract imposes on us so that the purpose of the contract can be achieved, their fulfilment being what makes it possible for the contract to be executed properly in the first place, and you are usually able to trust that they will be observed.
(4) If an inessential contractual obligation is breached, liability will be ruled out in the event of a breach caused by ordinary negligence
(5) The current state of the art means it is impossible to guarantee data communication over the Internet at all times and to guarantee that this communication will be perfect. We are therefore not liable for either the constant or uninterrupted availability of the website or the service offered there.
§ 8 Choice of law, place of performance and place of jurisdiction
(1) The contract being concluded is subject to German law. For consumers, this choice of law only applies if it does not withdraw the protection provided by mandatory provisions of the law of the state in which the consumer normally resides (Günstigkeitsprinzip – favourability principle).
(2) The place of performance for all services arising from the current business relationship with us and the place of jurisdiction is our registered office, providing you are not a consumer, but a merchant, a legal person under public law or a special asset under public law. This also applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or usual place of residence is unknown at the time legal action commences. This does not affect the authority held to appeal to the court of another place of jurisdiction.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention/CISG) do expressly not apply.
Schott Orthopädie-Schuhtechnik GmbH & Co KG
Phone: ++49 5681 9366490
The European Online Dispute Resolution platform (“ODR Platform”) will be accessible via the portal “Your Europe” (http://europa.eu/youreurope/citizens/index_en.htm) after it is made operational by the European Commission.
2. Information on the conclusion of contract
The technical steps to the conclusion of contract, the conclusion of contract itself, and the correction options shall be carried out in accordance with § 2 of our General Terms and Conditions (part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before an order is submitted via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After receipt of the order, we will send you another e-mail with the order details, the information legally required for distance contracts, and the General Terms and Conditions.
3.3. When you request a quote outside the online shopping cart system, you will receive all contract data by e-mail within the scope of a binding offer to print them or store them electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are available in the product description and the additional information provided on our website.
5. Prices and payment terms
5.1. The prices stated in quotes and shipping costs are total prices. They take into account all the price components, including any taxes that are due.
5.2. Any shipping costs which may arise are not included in the purchase price. They can be viewed on a corresponding button on our website or in the relevant product description, are shown separately during the order process and must be paid by you in addition to the purchase price, unless delivery free of shipping costs has been agreed.
5.3.The available payment methods are indicated under a corresponding button on our website or in the relevant product description.
5.4. Unless otherwise specified for the individual payment methods, the payment arising from the concluded contract must be made immediately.
6. Delivery conditions
6.1. Delivery conditions, the delivery date and delivery restrictions where appropriate are available under a corresponding button on our website or in the relevant product description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipping shall pass to you only with handover of the goods to you irrespective of the fact whether shipping is made insured or uninsured. This shall not apply if you have commissioned a shipping agent or another person designated to carry out the shipment on your own that was not indicated by the entrepreneur.
If you are an entrepreneur, delivery and shipping shall be made at your own risk.
7. Statutory warranty rights for goods
7.1. The liability for defects of our goods is in accordance with the regulation “Warranty” in our General Terms and conditions (part I).
7.2. As a consumer you are requested to check the goods for completeness, obvious defects and transport damage on delivery and to bring complaints to our, and the carrier’s, notice as soon as possible. If you do not comply with this request, this will have no bearing on your legal warranty claims.