General terms and conditions

General Terms and Conditions with customer information


1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. terms of delivery and shipment
5. right of revocation
6. reservation 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 that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary has been expressly agreed.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.4 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.


2 Conclusion of contract
 

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

2.2 First the customer puts the selected goods into the shopping cart. In the following step the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding 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 by the following possible alternatives:

- Sending a written order confirmation or a confirmation of order in text form (fax or e-mail)
or
- Requesting 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 acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the Customer chooses the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking the button which concludes the ordering process. If the customer simultaneously places a payment order with PayPal by clicking on this button, the seller declares, in deviation from the above provisions, acceptance of the customer's offer at the time the payment order is placed.

2.5 If the customer chooses the payment method "Amazon Payments" for the payment of his purchase, he submits his offer by clicking the button which concludes the ordering process. If the customer simultaneously places the payment order with Amazon by clicking on this button, the seller declares acceptance of the customer's offer at the time of placing the payment order, in deviation from the above provisions.

2.6 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions of Business at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.7 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, the customer can use buttons for correction, if available, which 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 contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3. prices and terms of payment


3.1 The displayed prices are final prices including the legal sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is recommended to ask the respective institutions or authorities for details before ordering.

3.3 The customer can choose the payment methods that are available in the online shop.

3.4 In case of payment by "PayPal", the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.


4 Delivery and Shipping Conditions


4.1 The delivery of goods by shipping is made to the delivery address provided by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at the time of payment at PayPal is decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the incorrect information or impossibility of delivery is beyond the Seller's control. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this provision are the costs of sending the goods if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall 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 forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorized to receive the goods.
Deviating from this, the transfer of risk also occurs with consumers as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution itself and the seller has not previously designated this person or institution to the customer.

4.4 The conclusion of the contract shall be subject to the reservation that in the event of incorrect, delayed or non-delivery by the Seller's own suppliers, the Seller shall not be able to deliver or shall deliver only partially or correspondingly later. This shall only apply in the event of a congruent hedging transaction between the Seller and the Supplier, if the Seller is not responsible for the incorrect, delayed or missing self-supply and cannot remedy it with reasonable efforts. In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5 In case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods at the seat of the seller or at an agreed place, after consultation with the seller. In this case no shipping costs will be charged.

4.6 Vouchers are provided to the customer in the following form:

• by email
• via download
• by mail


5. right of revocation


5.1 If the customer is a consumer, he/she is basically entitled to a right of revocation.

5.2 The seller's revocation instruction applies to the right of revocation.


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 shall remain the property of the seller until all claims 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 value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings against the customer has been filed.


7 Liability for defects 

With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.1 If the customer acts as an entrepreneur

• the seller has the choice of the type of supplementary performance;
• the rights and claims due to defects are generally excluded for used goods;
• in the case of new goods, the limitation period for defects is one year from the transfer of risk;
• Nor does the limitation period begin again if a replacement delivery has been made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory period of limitation.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

• for items which have been used for a building in accordance with their normal use and have caused its defectiveness,
• for damages to life, body or health caused by the Seller's culpable conduct and for damages caused by gross negligence or intent
• or in case of fraudulent intent on the part of the seller as well as in case of claims according to §§ 478, 479 BGB.

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

7.5 If the customer acts as a businessman within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligations to examine and give notice of defects in accordance with § 377 HGB.

7.6 If the customer acts as a consumer, he is asked to complain about received goods with obvious transport damages to the delivery person and to inform the seller about it.
It is expressly clarified that the customer's legal or contractual claims for defects are not affected if the customer does not comply with this request.


8. Liability


The liability of the seller from all contractual, quasi-contractual and legal, as well as tortious claims for damages and reimbursement of expenses is determined as follows:

8.1 The seller is only liable for damages that are due to intentional or grossly negligent conduct without limitation.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the Seller shall also be liable for slight negligence.

An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

The Seller shall also be liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.

This shall also apply to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.

8.2 Except in the case of intentional or grossly negligent conduct or in the case of damages resulting from injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), liability is limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply analogously in favour of the Seller's employees and vicarious agents.


9 Redemption of Gift Vouchers


9.1 Vouchers that have been purchased via the online shop of the seller ("Gift Vouchers") can only be redeemed in the online shop of the seller.

9.2 Gift Vouchers and the remaining balance of Gift Vouchers may be redeemed until the end of the third year following the year of purchase of the Gift Voucher. Any remaining balance will be credited to the customer's voucher account by the expiry date.

9.3 Gift vouchers can only be redeemed before the end of the order process. A subsequent redemption does not take place.

9.4 Only one gift voucher can be redeemed per order. It is not possible to redeem more than one Gift Certificate in one order.

9.5 Gift Certificates can only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for by voucher.

9.6 If the value of a Gift Certificate is not sufficient to pay for the order in question, one of the other payment methods offered can be used to pay the difference.

9.7 Credits on gift vouchers are not paid out and do not bear interest.

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


10. Applicable law


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


11th Jurisdiction


If the customer is a merchant, a legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the registered office of the seller.
If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller is 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 professional or commercial activity of the customer.
Nevertheless, in the above-mentioned cases, the seller is also entitled to appeal to the court at the customer's place of business.


12. information on online dispute resolution


The platform for online dispute resolution of the EU Commission can be accessed on the Internet under 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.


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