General Terms and Conditions of Business of Papillio-Schuh GmbH:
§ 1 General - Applicability The following terms and conditions of business apply to all present and future business relations and relate exclusively to transactions with consumer purchasers. Consumers within the meaning of these terms and conditions are natural persons with whom we enter into business relations for a purpose outside their trade, business or profession. Business terms and conditions that differ from, contradict or supplement these general terms and conditions, even when known, shall only form part of the contract if we have expressly consented to their applicability in writing.
§ 2 Conclusion of contract
1. When a customer orders goods, this is deemed to be a binding declaration that s/he wishes to acquire the goods ordered. When an order is placed a contract comes into existence if we do not expressly reject the order within 24 hours. If the customer orders the goods electronically, we shall confirm receipt of the order immediately. Confirmation of receipt does not represent binding acceptance of the order. Confirmation of receipt may be combined with acceptance of the order. The order shall be stored by us and, upon request, shall be sent to the customer along with these terms and conditions of business via email.
2. We are entitled to have the contract processed by a third party with whom we have entered into a corresponding agreement. In this event the invoicing of the contract shall take place by the third party instructed by us for its own account.
§ 3 Right of cancellation and return with distance selling contracts
1. The customer has the right to return the goods within two weeks of receipt. The right of return can only be exercised by return shipment of the goods or, if the goods cannot be shipped by parcel post, by a request for the goods to be taken back; punctual dispatch of the goods is sufficient for compliance with the time limit.
2. Where the right of return is exercised, in the case of orders of up to EUR 40.00 the costs of return shipment are the responsibility of the customer unless the goods delivered do not correspond to the goods ordered. In the case of orders over EUR 40.00, the customer is not responsible for the costs of return shipment.
3. The customer must compensate for any deterioration resulting from the use of the goods as intended. The customer may examine the goods carefully. The consumer must bear the loss of value caused by use that exceeds mere examination and makes it impossible to sell the goods as “new”.
§ 4 Payment conditions
1. The prices applicable are the prices shown on the website at the time of ordering by the customer. The purchase price is binding. The purchase price includes value added tax at the statutory rate.
2. The customer may pay the purchase price by invoice or cash on delivery. In the case of initial orders the purchase price can only be paid by cash on delivery or prepayment.
3. The customer is obliged to pay the purchase price immediately upon receipt of the goods. In the event of default the customer must pay interest on the debt at 5 % over base rate.
4. The customer shall only have the right to offset if his/her counterclaims have been finally decided by a court or have been recognised by us. The customer may only exercise a right of retention if his/her counterclaim is based on the same contractual relationship.
5. The following account is available for payment of the purchase price by bank transfer: Commerzbank Bad Honnef, A/C No. 2 700 698, Sort Code: 380 400 07 For payments in advance please use the following bank account: Deutsche Bank Bonn, A/C No. 227 012 204, Sort Code: 380 700 59
§ 5 Delivery terms/Transfer of risk
1. The risk of accidental destruction or accidental deterioration of the goods shall pass to the customer upon delivery of the goods. This shall also apply in the case of purchase by mail-order.
2. Delivery is also deemed to have taken place if the customer defaults on acceptance.
§ 6 Retention of title
1. We retain ownership of the goods until payment of the purchase price in full.
2. The customer is obliged to treat the goods with due care during the period of retention of title and to notify us without delay of any seizure of the goods by third parties, for instance in the event of attachment, and of any damage to or the destruction of the goods. The customer must notify us without delay of any change of ownership of the goods or of any change in his/her address during this period.
3. If the customer’s conduct is contrary to the terms of the contract, especially if the customer is in default with payment or violates the obligations contained in paragraphs 1 and 2 of this provision, we are entitled to rescind the contract and request the return of the goods.
§ 7 Warranty
1. The customer shall have the option of whether subsequent performance should be by rectification of defects or replacement. We are, however, entitled to refuse the type of subsequent performance chosen if its implementation is only possible at disproportionate cost and the other type of subsequent performance is not significantly detrimental to the customer.
2. The customer must notify us in writing of obvious defects within a time limit of 2 months from the date on which the condition of the goods contrary to contract was discovered. Receipt of the notification by us shall be decisive for compliance with the time limit. If the customer fails to notify us, the warranty rights shall lapse two months after the customer discovered the defect. This shall not apply in the event of fraudulent intent on the part of the seller. The burden of proving the date on which the defect was discovered shall lie with the customer. If the customer was persuaded to purchase the item through incorrect statements by the manufacturer, the burden of proof in relation to his/her decision to purchase the item shall lie with the customer. In the case of used goods the burden of proof in relation to the defectiveness of the item shall lie with the customer.
3. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks upon receipt of shipment; otherwise warranty demands no longer apply. Postage stamp of written notification within the two-week period stated above serves to prove due course. The entrepreneur carries the burden of evidence for any and all warranty claims especially for the defect itself, the time of detection of the defect and for due application for warranty claim within the warranty period.5. The warranty period amounts to two years from the date of delivery of the goods. This shall not apply if the customer failed to notify us of the defect in due time (No. 3 of this provision).
§ 8 Limitations on liability
1. In the case of breaches of duty due to ordinary negligence, our liability is restricted to foreseeable, average direct damage typical under the agreement in accordance with the nature of the goods. This also applies in the case of breaches of duty due to ordinary negligence by our legal representatives and persons employed by us in the performance of our obligations.
2. The foregoing limitations on liability do not affect the customer’s claims arising under product liability legislation. In addition the limitations on liability do not apply in the case of physical damage or damage to health attributable to us, or in the case of the customer’s loss of life caused by us.
3. The customer’s compensation claims on account of a defect become time-barred one year after delivery of the goods. This shall not apply if we are accused of fraudulent intent.
§ 9 Final provisions
If individual provisions of the contract with the customer, including these general terms and conditions of business, should be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
§ 10 Contracting partner
Your contracting partner:
Papillio-Schuh GmbH
Weidenstr. 20
D-53562 St. Katharinen
Directors: Klaus Noll