General Terms and Conditions
Terms and Conditions
General Terms and Conditions
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to promptly 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 will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1. Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Novasu GmbH) via the website https://espadrilles.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A "consumer" within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. 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. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding offer to purchase (order) via the online shopping cart system. 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 at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order data will be displayed to you as an order overview. Before submitting the order, you have the opportunity to review the details in the order overview, make changes (also via the browser’s "back" function), or cancel the order. By submitting the order via the corresponding button ("place order with obligation to pay," "buy" / "buy now," "order with obligation to pay," or similar designation), you submit a binding offer to us. You will first receive an automatic email confirming receipt of your order, which does not yet constitute acceptance of the contract.
(3) Acceptance of the offer (and thus conclusion of the contract) occurs within 2 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you do not receive such a message, you are no longer bound by your order. Any payments already made will be refunded immediately in this case.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3. Special Agreements on Offered Payment Methods
Payment via "PayPal" / "PayPal Checkout" When selecting 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 via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be separately notified. Further information about "PayPal" can be found at PayPal Legal Hub.
§ 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 remain our property until full payment of the purchase price has been received.
§ 5. Warranty
(1) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time of filing the lawsuit. The right to file a lawsuit at another statutory place of jurisdiction remains unaffected.
(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
Novasu GmbH
Savignyplatz 6
10623 Berlin
Germany
Phone: +493031808144
Email: info@espadrilles.de
Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract conclusion itself, and the correction options are carried out in accordance with the provisions "Conclusion of Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
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 saved electronically using the browser’s print function. After receiving your order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately displayed during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may arise (e.g., customs duties, taxes, or money transfer fees) for which we are not responsible and which are to be borne by you.
5.4. Costs incurred for money transfers (transfer or exchange fees charged by financial institutions) are to be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims under the concluded contract are due for immediate payment.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods 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 designated by the seller or another person tasked with executing the shipment.
7. Statutory Warranty Rights
Warranty claims are governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were created by the legally specialized lawyers of the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: Händlerbund AGB Service.
Last updated: 22.10.2024