Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Roger Lewat) via the website www.lewatfootwear.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their self-employed 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 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we already submit a binding offer to conclude a contract for the goods via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal details as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.
If you select an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview once again, to change it (also using the "back" function of your internet browser), or to cancel the order.
By submitting the order via the corresponding button ("Place order with obligation to pay", "Buy" / "Buy now", "Place order for a fee", "Pay" / "Pay now" or a similar designation), you legally bindingly declare your acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured, and in particular that e-mails are not prevented from being received by SPAM filters.
§ 3 Special Agreements Regarding the Payment Methods Offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out 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 available via "PayPal" are displayed to you under a correspondingly designated button on our website as well as during the online ordering process. "PayPal" may use additional payment services for payment processing; if special payment terms apply to these, you will be informed of them separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select 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 is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available via Shopify Payments are displayed to you under a correspondingly designated button on our website as well as during the online ordering process. Stripe may use additional payment services for payment processing; if special payment terms apply to these, you will be informed of them separately. Further information about 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 only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability for defects shall apply.
(2) As a consumer, you are requested to immediately check the goods 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 shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Roger Lewat
rene schickele strasse 34
79117 Freiburg im Breisgau
Germany
Telephone: +49 761 59519072
E-mail: lewatfootwear@outlook.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting entries are carried out in accordance with the provisions under "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the 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 contractual data can be printed out using the browser's print function or saved electronically. 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 submitted ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated 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 are charged.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by financial institutions), which are to be borne by you.
6.4. Any money transfer costs incurred (transfer or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person appointed to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects shall be governed by the provision under "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information have been prepared by lawyers of Händlerbund specializing in IT law and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.