GTC for the online shop of H&D shoes and more instyle GmbH

1. General

   1. The following contractual provisions (GTC) apply to all contracts concluded via the online shop of H&D shoes and more instyle GmbH, North-Carolina-Avenue 10, 66953 Pirmasens, Germany (hereinafter: SELLER) under the domain fusion-shoes.com with the customer (hereinafter: CUSTOMER).

   2. These GTC contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are marked by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of § 13 BGB.

   3. The SELLER does not recognize deviating general terms and conditions of the customer unless the SELLER has expressly and in writing agreed to them.

2. Conclusion of contract

   1. The CUSTOMER can add the desired products to the shopping cart by clicking the corresponding button and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the required contact details for shipping and payment and complete the order by clicking the "Buy now" button.

   2. Input errors, especially products mistakenly added to the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.

   3. The presentation of products in the SELLER's online shop constitutes a non-binding invitation to the CUSTOMER to order. By ordering, the CUSTOMER makes a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will immediately confirm receipt of the order automatically by email. This automated order confirmation establishes the contractual relationship.

   4. The purchase contract is concluded with H&D shoes and more instyle GmbH, North-Carolina-Avenue 10, 66953 Pirmasens, Germany.

   5. The contract language is German.

3. Storage of contract text

   The contract text is stored by the SELLER. The order data is sent separately to the CUSTOMER in text form (email). The terms and conditions can also be accessed and printed in the online shop.

4. Right of withdrawal

   Consumers generally have a statutory right of withdrawal. The legal regulations regarding any existing right of withdrawal are exclusively contained in the cancellation policy, which is accessible to the CUSTOMER during the ordering process.

5. Prices and shipping costs

   1. The prices valid on the day of the order, as displayed in the online shop, apply.

   2. The prices shown in the online shop are quoted in Euro and include the statutory VAT.

   3. When purchasing goods that are delivered in a package or otherwise by mail, the following applies: The prices shown in the online shop do not include shipping costs for packaging and postage. Shipping costs are dynamically calculated during the ordering process and displayed in the shopping cart overview before ordering.

   4. We offer free shipping. Information on the conditions under which shipping is free can be found on the shipping cost information page at https://fusion-shoes.com/pages/versand.

   5. In individual cases, additional taxes (e.g., in the case of an intra-community acquisition) and/or duties (e.g., customs) may be payable by the CUSTOMER for cross-border deliveries.

6. Payment terms

   1. The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects their preferred payment method from the available payment options.

   2. If a payment is made via Giropay of the company GIROPAY GmbH, An der Welle 4, 60322 Frankfurt/Main, Germany, the CUSTOMER must have an activated online banking account with PIN/TAN procedure. At the end of the ordering process, the CUSTOMER is prompted to enter their account number, bank code, PIN, and TAN into the form pre-filled by the SELLER (bank details, transfer amount, purpose). Immediately afterwards, the transaction is confirmed to the CUSTOMER. Further information can be found at https://www.giropay.de/kaeufer/online-ueberweisen.

   3. If delivery is made against payment by credit card, the CUSTOMER authorizes the full invoice amount including any delivery and shipping costs to be charged to the relevant credit card company upon due date by providing their credit card details. At the end of the ordering process, the CUSTOMER is prompted to enter their credit card number, the card's expiration date, and the security code into the corresponding form. Depending on the amount or type of delivery, the CUSTOMER may be asked for a required second authentication factor by displaying the website of the credit institution. The CUSTOMER must then verify the payment process with their personal second authentication factor such as password, PIN, TAN, or biometric data like fingerprint or face scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the CUSTOMER's credit card institution). The charge is initiated with the order confirmation in this case. More information is available from your credit provider.

   4. If payment is made by EC card, the CUSTOMER's electronic bank card with chip is read using a card reader (chip reader). Then the CUSTOMER must complete the payment process by entering their PIN and thus confirm the payment to the SELLER. If applicable, a plausibility check regarding block lists and the CUSTOMER's financial limit is performed via data exchange with the CUSTOMER's bank over a communication connection and confirmed on the card reader by a message "Payment completed." The corresponding bank account of the CUSTOMER is debited with the payment amount. More information is available from the bank that issued your EC card.

   5. If a payment is made via PayPal to the company PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and authenticate themselves with their PayPal login data. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to the SELLER. Payment via PayPal can also be made without a PayPal user account. The terms available via the payment method apply regarding PayPal's guest function. If the CUSTOMER chooses to pay via credit card in PayPal, depending on the amount or type of delivery, they may be asked for a required second authentication factor by displaying the website of the credit institution. The CUSTOMER must then verify the payment process with their personal second authentication factor such as password, PIN, TAN, or biometric data like fingerprint or face scan using a special app. More information can be found on PayPal's website at https://www.paypal.com/de/webapps/mpp/home.

   6. Set-off rights are only granted to KUNDEN who are UNTERNEHMER within the meaning of § 14 BGB if the counterclaims are legally established, undisputed or recognized by the VERKÄUFER or if the opposing claims are based on the same legal relationship. This prohibition of set-off does not apply to KUNDEN who are consumers within the meaning of § 13 BGB.

7. Delivery and shipping conditions – Information on the calculation of the delivery date

   1. The delivery of goods, which is delivered in a package or otherwise by mail, is made, unless otherwise agreed with the KUNDE, by mail (package, parcel, letter, freight forwarding, etc.) to the delivery address provided by the KUNDE in the order.

   2. Delivery to Packstations is not possible.

   3. The delivery time is specified separately on the respective product detail page.

   4. The delivery time stated on the product detail page begins on the working day after the KUNDE's payment order to the transferring credit institution in case of payment in advance, or for all other payment methods on the working day after the day of contract conclusion.

   5. The risk of accidental loss and accidental deterioration of the sold item passes to entrepreneurs upon handover to them or an authorized recipient, in the case of shipment purchase already upon delivery of the goods to a suitable carrier. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods in accordance with § 446 BGB. With regard to the risk assumption, it is equivalent to handover if the KUNDE is in default of acceptance.

   6. Orders can be placed by all customers from the European Economic Area as well as, if applicable, from the other countries specified in the online shop and/or in the shipping cost table. Delivery of orders is only made to Germany and, if applicable, to the countries specified in the online shop and/or in the shipping cost table.

   7. In case of delivery delays, the VERKÄUFER will inform the KUNDE immediately.

   8. If the carrier returns the purchased item to the VERKÄUFER because delivery to the KUNDE was not possible, the KUNDE bears the costs for a renewed shipment. This does not apply if the KUNDE exercised a possible right of withdrawal in parallel to the refused acceptance or if he is not responsible for the circumstance that made delivery impossible or if the KUNDE was temporarily prevented from accepting the offered service, unless the VERKÄUFER had announced the service to him within a reasonable time beforehand.

8. Retention of Title

   1. The VERKÄUFER reserves ownership of the sold items until full payment of the purchase price.

   2. The goods subject to retention of title may neither be pledged to third parties nor transferred as security by the KUNDE before full payment of the secured claims. The KUNDE must notify the VERKÄUFER immediately in text form if and to the extent that third parties access the goods of the VERKÄUFER.

   3. In the event of a breach of contract by the KUNDE, especially in case of non-payment of the due purchase price, the VERKÄUFER is entitled to withdraw from the contract according to the statutory provisions and to demand the return of the goods based on the retention of title and the withdrawal. If the KUNDE does not pay the due purchase price, the VERKÄUFER may only assert these rights if the KUNDE was previously unsuccessfully granted a reasonable period for payment or if such a period is dispensable according to statutory provisions.

9. Warranty/Defect Liability/Notification Obligation

   1. The rights in the event of defects in the purchased item are governed by the statutory provisions.

   2. Defect claims by UNTERNEHMERN who are merchants within the meaning of the HGB require that they have properly fulfilled their inspection and notification obligations owed under § 377 HGB in text form within 14 calendar days after receipt of the goods. This notification obligation does not apply to KUNDEN who are consumers within the meaning of § 13 BGB.

   3. The limitation period for defect claims by UNTERNEHMERN is 12 months, calculated from the transfer of risk to the UNTERNEHMER. This shortening of the warranty obligation does not apply to KUNDEN who are consumers within the meaning of § 13 BGB.

10. Liability

    1. The claims of the KUNDE for damages or reimbursement of futile expenses against the VERKÄUFER outside the warranty law, regardless of the legal nature of the claim, are governed by these provisions.

    2. The liability of the VERKÄUFER is excluded – regardless of the legal grounds – unless the cause of damage is based on intent and/or gross negligence of the VERKÄUFER, its employees, its representatives, or its vicarious agents. To the extent that the liability of the VERKÄUFER is excluded or limited, this also applies to the personal liability of employees, representatives, or vicarious agents of the VERKÄUFER. The liability of the VERKÄUFER under the Product Liability Act remains unaffected (§ 14 ProdHG).

    3. For damages resulting from injury to life, body, or health caused by intentional, grossly negligent, or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER, the SELLER is liable according to statutory provisions.

    4. If the SELLER at least negligently breaches an essential contractual obligation, i.e., an obligation whose compliance is of particular importance for achieving the contract's purpose (essential contractual obligation or cardinal obligation), liability is limited to the typically arising damage, i.e., to such damages whose occurrence must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment enables the proper execution of this contract in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data storage and data protection

    Only the data protection provisions of the privacy policy on the website apply. https://www.fusion-shoes.com.

12. Notice pursuant to § 36 VSBG

    1. For CUSTOMERS who are consumers within the meaning of § 13 BGB, there is generally the possibility to seek an alternative dispute resolution procedure within the meaning of § 36 VSBG.

    2. The alternative dispute resolution procedure is not a mandatory prerequisite for calling upon competent ordinary courts but represents an alternative option to resolve disputes that may arise within the framework of a contractual relationship.

    3. The SELLER does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

13. Final provisions

    1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

    2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

    3. If the CUSTOMER is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the SELLER's place of business at North-Carolina-Avenue 10, 66953 Pirmasens, Germany.

    4. The same applies if the CUSTOMER is an entrepreneur and has no general jurisdiction in Germany or if residence or habitual abode at the time of filing the lawsuit is unknown. The SELLER's authority to also call upon the court at another statutory place of jurisdiction remains unaffected.