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Here is where you find important information about your purchase at Besser gehen GmbH - Versandhandel für Fußbekleidung. These General Business Terms and Conditions exclusively apply to customers that are deemed consumers under clause 13 BGB (German Civil Code).
1. Your placement of a purchase order constitutes your binding intent to purchase the goods ordered. Once you place the purchase order the sales contract is concluded, unless we reject the purchase order within 24 hours. In case of electronic order placement we will acknowledge receipt of purchase order immediately. This acknowledgement does not yet constitute a binding acceptance of the order on our part. Acknowledgement of receipt can be combinded with acceptance of order. The order is saved by us. We will send it to you by E-Mail including the General Business Terms and Conditions at hand upon request.
2. We are entitled to assign the execution of contracts to a third party (Logistics service company). This third party will carry out the business contract and balance the account with you on our behalf.
You are entitled to revoke the contract in written form without indication of reasons within two weeks by letter, fax or E-Mail or by returning the goods. The two-week revocation deadline begins upon your receipt of the goods and these instructions. To meet the recovation deadline, timely mailing of the written revocation or the return shipment shall suffice. The revocation or return shipment are to be addressed as follows: besser gehen GmbH, Customer Service, Rheinstrasse 12, D-53560 Vettelschoss, Germany. To return the goods we ask you to use the return shipment label as well as the return shipment form which are included in every shipment.
The right to revoke does not apply to goods that were manufactured according to your specifications or were clearly tailored to your personal needs.
In case of an effective revocation the bilaterally received benefits shall be returned and potential profits (e.g. advantages due to use) refunded. Should you not be able to return the goods as a whole or only partially or only in a deteriorated state you will potentially need to pay restitution of lost value. This does not apply in case deterioration of goods has arisen from simply inspecting the goods the way normally done at a retail shop. You can avoid the obligation to pay restitution by not using the goods as if you were their rightful owner and by refraining from doing anything that may have an effect on the value of the goods. Attention: Goods that can be returned by parcel mail must be returned by mail. You have to pay for the return shipment postage if and when the delivered goods match the goods you ordered and if the value of the return shipment is less than 40,00 EUR. Otherwise you can return the goods by mail free of charge. Return shipments that cannot be returned by mail will be picked up by DHL. Our customer service at telephone number +49 (0) 26 45 / 94 26 90 is happy to help you should you have questions regarding return shipments or any other issues.
1. The selling price includes currently applicable V.A.T.
Initial orders and orders exceeding 150 EUR are generally shipped COD or when paid for by credit card. If shipping COD we are entitled to pass COD fees on to you.
Orders from outside the Federal Republic of Germany are shipped against pre-payment or payment by credit card only.
2. The purchase price becomes due within 7 days of receipt of invoice. We are entitled to bill reminder charges in the amount of 5,00 EUR on all overdue accounts. All other rights remain untouched by this clause.
3. The customer is only entitled to off-set charges in case his/her counterclaim has been established to be legally binding or has been officially accepted by us. The customer can make use of his/her right to retain only in case his/her counterclaim is based upon the same contract.
1. The risk of accidental loss or deterioration of goods passes to the buyer upon transfer of the goods to the customer. This also applies to mailorder contracts.
2. This term also applies in case acceptance by customer is delayed.
3. In case goods are delivered with apparent damages to packaging or contents (damages in transit) the customer is obliged to complain to his/her deliverer immediately or reject acceptance of goods and inform us thereof. The customer’s warranty rights remain untouched by this occurrence.
1. Reservation of title is retained until full payment of purchase price has been received.
2. The customer is obliged to handle delivered goods carefully and to prevent access by third parties e.g. in case of garnishment. He/she is obliged to inform us immediately of garnishment, potential damages or the destruction of the goods. The customer is obliged to inform us immediately of a change of possession of the goods and of his/her change of address.
1. Warranty complies with the legal requirements of the BGB (German Civil Code).
2. In case goods show an apparent flaw the customer must declare this in writing within one month. Receipt of notification by us is the decisive factor for meeting the notification deadline. If a customer neglects to notify us, warranty coverage is excluded. This does not apply in case of malevolence of seller. In case the customer was persuaded to purchase the goods due to untrue statements by the seller, the customer bears the burden of proof as to why he/she chose to purchase the goods.
3. Should the customer choose cancellation of contract due to legal or material flaw after failed restitution he/she is not entitled to additional compensation due to such flaw.
1. In case of slight negligence on our part our liability is limited to forseeable, exemplary and direct mean damages. This also applies to slightly negligent breaches of contract of our legal representatives or vicarious agents.
2. The above mentioned limitation of liability does not apply to customer claims arising from product liability. Moreover, this limitation of liability does not apply to claims of bodily harm to or loss of life of the customer if it is attributable to us.
1. The customer is entitled to pass on rights from this contract to third parties upon our written consent only.
2. German law is applicable for the contractual relationships of the parties. UN Conventions on Contracts for the International Sale of Goods (CISG) are expressly excluded.