I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded by you with us as the provider (Roger Lewat) via the website www.lewatfootwear.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be redirected to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the browser's "back" function) or cancel the order in the order summary.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.
§ 3 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; insofar as special payment conditions apply, you will be specifically informed of these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; insofar as special payment conditions apply, you will be specifically informed of these. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) Statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to be agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
Roger Lewat
rene schickele strasse 34
79117 Freiburg im Breisgau
Germany
Phone: +49 761 59519072
E-mail: lewatfootwear@outlook.com
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. No shipping costs apply.
6.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which you must bear.
6.4. Incurred costs of money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/