Terms of service

Terms and Conditions for Purchase Contracts through the Platform between

Florina Dana Cadar, Aleea Sulfinei 2, Bloc G5, Sc B, 410378 Oradea Bihor, Romania

hereinafter referred to as the "Provider" -

and

the customers specified in § 2 of the contract - hereinafter referred to as the "Customer" -.

1 Scope, Definitions

(1) The following General Terms and Conditions, in their version valid at the time of the order, shall exclusively govern the business relationship between the online shop provider (hereinafter referred to as the "Provider") and the Customer (hereinafter referred to as the "Customer"). Diverging general terms and conditions of the purchaser are not recognized unless the Provider 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 predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or a legally capable partnership who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

2 Conclusion of Contract

(1) The Customer can select products, especially new and used shoes, from the Provider's assortment and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "place a binding order" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can view and change the data at any time. The offer can only be submitted and transmitted if the Customer accepts these contractual conditions by clicking the "accept T&Cs" button and thereby includes them in their offer.

(2) The Provider then sends the Customer an automatic acknowledgment of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded by the submission of the acceptance declaration by the Provider, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, T&Cs, and order confirmation) will be sent to the Customer by the Provider on a durable data medium (email or paper printout) (contract confirmation). The contract text is stored with due regard for data protection.

(3) The contract is concluded in the German language.

3 Delivery, Availability of Goods, and Delivery Restrictions

(1) The Provider's stated delivery times are calculated from the time of the order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is specified for the respective goods in the online shop, it is 2-5 working days within Germany. Working days refer to the working days of the Federal Republic of Germany.

(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, a contract does not come into existence.

(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The Provider delivers only to customers who have their habitual residence (billing address) within the European Union and can provide a delivery address in a member state of the European Union.

4 Retention of Title

The delivered goods remain the property of the Provider until full payment has been made.

5 Prices and Shipping Costs

(1) All prices listed on the Provider's website include the applicable statutory value-added tax.

(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, insofar as the Customer does not exercise their right of withdrawal. The Provider delivers to the Customer free of shipping costs for an order value of 500 EUR or more.

(3) The goods are shipped by post. The Provider bears the shipping risk if the Customer is a consumer.

(4) In the event of a withdrawal, the Customer must bear the immediate costs of returning the goods.

6 Payment Terms

(1) The Customer can make payment by direct debit, credit card, cash on delivery, or on account. Payment on account is only available to new customers for their first order up to an order value of 100 EUR.

(2) The Customer can change the payment method stored in their user account at any time.

(3) The Customer's obligation to pay default interest does not exclude the assertion of further default damages by the Provider.

7 Subject Matter of the Contract and Quality

(1) The subject matter of the contract is the products specified by the Customer within the scope of the order (placed in the shopping cart and subsequently ordered) as well as those listed in the order and order confirmation at the final prices stated therein.

(2) The goods offered partly consist of used products. The condition of the goods (new/used items) is described in more detail in the respective product description.

(3) The images on the Provider's website do not precisely represent the offered products. Optical deviations of the actual goods, especially in colors, may occur for technical reasons. The images serve merely as illustrative material and may differ from the received product. If the images are symbolic images or type images and not the specific product, the Customer will be informed by an appropriate notice.

8 Warranty for Defects, Guarantee, and Warranty Period

(1) The Provider is liable for material defects, subject to the warranty period, according to the applicable statutory provisions, particularly §§ 434 ff. BGB. The warranty period is regulated in paragraph 3.

(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly given in the order confirmation for the respective article.

(3) Warranty period for used and new goods:

For consumers: If the Customer makes a purchase for a purpose that can predominantly neither be attributed to their commercial nor self-employed professional activity (consumer), the warranty period for used goods is 12 months, starting from the delivery of the goods. This clarifies that the Provider can only be held liable for defects that occur within the first 12 months after delivery.

Excluded from this shortening of the warranty period are cases of the absence of a guaranteed quality, fraudulently concealed defects, and claims from guarantees, which are governed by the respective guarantee conditions.

For the purchase of new goods, the statutory warranty period of 24 months applies to consumers, starting from the delivery of the goods.

For entrepreneurs: If the Customer purchases used goods in the exercise of their commercial or self-employed professional activity (entrepreneur), the warranty for used goods is excluded.

Excluded from this exclusion of the warranty are cases of the absence of a guaranteed quality, fraudulently concealed defects, and claims from guarantees, which are governed by the respective guarantee conditions.

For the purchase of new goods as an entrepreneur, the warranty period is 12 months, starting from the delivery of the goods. This clarifies that the Provider can only be held liable for defects that occur within the first 12 months after delivery.

Excluded from this shortening of the warranty period are cases of the absence of a guaranteed quality, fraudulently concealed defects, and claims from guarantees, which are governed by the respective guarantee conditions.

9 Liability

(1) Customer claims for damages are excluded. Exempt from this are damage claims by the customer arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns damage claims by the customer arising from injury to life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the provider's legal representatives and agents if claims are asserted directly against them.

(4) The limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies if the provider and the customer have reached an agreement on the quality of the goods. The provisions of the Product Liability Act remain unaffected.

(5) The provider is not liable for damages caused by force majeure, in particular, unrest, war, terrorist acts, or natural events, epidemics, pandemics such as Covid-19, or other events beyond their control; this includes, for example, strikes, lockouts, traffic disruptions, or governmental orders at home or abroad.

10 Applicable Law and Jurisdiction Agreement

(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly of the state in which the customer has their habitual residence as a consumer, 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 is the provider's registered office.