1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Liability
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Information on online dispute resolution

1. Scope

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Harold's Lederwaren GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is excluded unless otherwise agreed.

1.2. These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his or her commercial or independent professional activity.

1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer by the seller.

2.2. First, the customer places the selected item in the shopping cart. The next step begins the ordering process, during which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract details appears. Only after confirming these order and contract details by clicking the button that completes the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3. The Seller accepts the Customer’s offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth day following the date of dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by their declaration of intent.

2.4. If the customer selects "PayPal" or "PayPal Express" as the payment method for their purchase, they submit their offer by clicking the button that completes the order process. If the customer simultaneously issues a payment order to PayPal by clicking this button, the seller, notwithstanding the above provisions, declares acceptance of the customer's offer at the time the payment order is issued.

2.5. If the customer selects the "Amazon Payments" payment method for their purchase, they submit their offer by clicking the button that completes the order process. If the customer simultaneously issues a payment order to Amazon by clicking this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, in deviation from the above provisions.

2.6. The contract text of each contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this website. The order details, the cancellation policy, and the general terms and conditions will be sent to the customer via email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.

2.7. All entries made will be displayed before clicking the order button. They can be viewed by the customer before submitting the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, buttons for correction, where available, are available to the customer and are labeled accordingly.

2.8. The contract language is German.

2.9. It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to configure the filter functions so that emails concerning this order can be delivered.

3. Prices and payment terms

3.1. The prices displayed are final prices including statutory VAT, unless otherwise agreed.
If additional shipping costs apply, this will be stated in the product description.

3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may be payable by the customer to the relevant customs or tax authorities or credit institutions.
The customer is advised to inquire about details with the relevant institutions or authorities before placing an order.

3.3. The customer can select the payment methods available in the online shop.

3.4. When paying via PayPal, payment is processed by PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's Terms of Use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4. Delivery and shipping conditions

4.1. Goods will be delivered to the delivery address provided by the customer. Exception: When paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that make delivery impossible, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller has given the Customer reasonable advance notice of the service. Excluded from this provision are the costs of delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the Seller apply.

4.3. The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer is a business. If the customer is a consumer, the transfer of risk generally occurs only upon delivery of the goods to the customer or an authorized person.
Notwithstanding the foregoing, the transfer of risk also occurs in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution of the shipment and the seller has not previously named this person or institution to the customer.

4.4. The contract is concluded subject to the reservation that in the event of improper, delayed, or non-existent self-delivery, the seller may not perform the contract, perform the contract only partially, or perform the contract at a later date. This only applies if a congruent hedging transaction exists between the seller and the supplier, the improper, delayed, or non-existent self-delivery is not the seller's responsibility, and cannot be remedied with reasonable effort. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5. If self-collection has been agreed, the customer will be informed by the seller that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or an agreed location after consultation with the seller. In this case, no shipping costs will be charged.

4.6. Vouchers will be provided to the customer in the following form:

by email

via download

by post

5. Right of withdrawal

5.1 If the customer is a consumer, he or she is generally entitled to a right of withdrawal.

5.2. The Seller's cancellation policy applies to the right of cancellation.

6. Retention of title

6.1. In contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance any claims against third parties arising from the resale in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may collect claims even after the assignment; however, this does not affect the seller's right to collect the claims itself. However, the seller will refrain from collecting the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed against the customer.

7. Liability for defects

With regard to the warranty, the provisions of statutory liability for defects apply unless otherwise agreed in these General Terms and Conditions.

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

In the case of used goods, rights and claims due to defects are generally excluded;

For new goods, the limitation period for defects is one year from the transfer of risk;

The limitation period does not begin again if a replacement delivery has been made within the scope of liability for defects.

7.2. If the customer is a consumer, the following applies to used goods, subject to the following clause: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.

7.3. The limitations of liability and shortening of the limitation period set out above
do not apply

for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

for damages caused by the seller due to injury to life, body or health and for damages caused by gross negligence or intent

or in the case of fraudulent intent on the part of the seller or in the case of claims pursuant to Sections 478 and 479 of the German Civil Code (BGB).

7.4. The statutory limitation periods for the recourse claim of an entrepreneur § 478 BGB
remain unaffected.

7.5. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligations pursuant to Section 377 of the HGB.

7.6. If the customer is a consumer, he is requested to complain to the deliverer about any goods received with obvious transport damage and to inform the seller thereof.
It is expressly clarified that the customer's statutory or contractual claims for defects shall not be affected if the customer does not comply with this request.

8. Liability

The seller's liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The Seller shall only be liable without limitation for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, body or health and the breach of essential contractual obligations (cardinal obligations), the seller is liable even in cases of slight negligence.

A material contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

As stated above, the seller is also liable based on a guarantee promise, unless otherwise agreed.

This also applies to indirect consequential damages, such as lost profits, and to mandatory liability such as under the Product Liability Act.

8.2. Except in cases of intentional or grossly negligent conduct, damages resulting from injury to life, limb, or health, and the breach of essential contractual obligations (cardinal obligations), liability is limited to the damages typically foreseeable at the time of conclusion of the contract and, in all other cases, to the average damages typical for the contract. This also applies to indirect consequential damages, such as, in particular, lost profits.

8.3. Otherwise, the Seller's liability is excluded.

8.4. The above liability provisions shall also apply mutatis mutandis to the Seller’s employees and vicarious agents.

9. Redemption of gift vouchers

9.1. Vouchers purchased through the Seller's online shop ("Gift Vouchers") can only be redeemed in the Seller's online shop.

9.2. Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer's voucher account until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed afterward.

9.4 Only one gift voucher can be redeemed per order. Redeeming multiple gift vouchers in one order is not possible.

9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.

9.6. If the value of a gift voucher is insufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.

9.7. Gift card balances are non-refundable and do not accrue interest.

9.8. The gift voucher is personal and may only be redeemed by the person named on it. Transferring the gift voucher to third parties is prohibited. The seller has the right, but not the obligation, to verify the material eligibility of the respective voucher holder.

10. Applicable law

The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as a consumer has his or her habitual residence, remain unaffected.

11. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to bring the case before the court at the customer’s place of business.

12. Information on online dispute resolution

The EU Commission’s online dispute resolution platform is available online at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.