Terms and Conditions (T&C)

General Terms and Conditions
 (1) Statutory warranty rights apply.  
(2) As a consumer, you are requested to 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 does not affect your statutory warranty claims.  
(3) Deviations from the objective requirements of the goods are only considered agreed if you were informed of them by us before submitting your contract declaration and the deviation was expressly and separately agreed between the parties.  

§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law 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, the inclusion of your own terms and conditions, if any, is rejected.
(2) A consumer, according to the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person, or a legally capable partnership, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods. Our online offers are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (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) and entering personal data as well as payment and shipping information, the order data will be displayed to you as an order summary. Before submitting the order, you have the opportunity to review and change the information in the order summary (also via the browser "back" function) or cancel the order. By submitting the order via the corresponding button ("payable order," "buy"/"buy now," "order with obligation to pay," or similar), you make a binding offer to us. You will initially receive an automatic email confirming receipt of your order, which does not yet constitute a contract.
(3) Acceptance of the offer (and thus the 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 services already rendered will be refunded immediately.
(4) The processing of the order and transmission of all information required for the conclusion of the contract is carried out partially automatically by email. Therefore, you must ensure that the email address you provide is correct and that receipt of emails is technically ensured, particularly not blocked by spam filters.

§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna: In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made directly to Klarna: - Credit card ("Pay Now"). Further information about Klarna and the Klarna terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "secupay Credit Card," "secupay Direct Debit," or "secupay Invoice": For these payment methods, we irrevocably assign our claim against you to secupay AG, Goethestr. 6, 01896 Pulsnitz. Secupay AG conducts a credit check using the data provided during the order. We reserve the right to refuse the chosen payment method based on the credit check, and you will be informed before submitting your order. If approved, secupay AG collects the payment via your credit card or bank account, or in the case of invoice purchase, the goods are shipped together with the invoice. Payment is due within 10 calendar days of delivery.
(3) Payment via "PayPal"/"PayPal Checkout": Payment is processed via the payment provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. The available PayPal payment methods are displayed under the corresponding button on our website or during the online ordering process. PayPal may use additional payment services; if special conditions apply, you will be informed. More information can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty
(2) Place of performance for all services and jurisdiction is our registered office, unless you are a consumer. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time of filing the lawsuit. The right to bring action at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention (CISG) do not apply.

II. Customer Information
1. Seller Identity: Novasu GmbH, Savignyplatz 6, 10623 Berlin, Germany, Phone: +49 3031808144, Email: info@espadrilles.de. Alternative Dispute Resolution: The EU Commission provides a platform for out-of-court online dispute resolution at https://ec.europa.eu/odr. We are neither willing nor obliged 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 conclusion itself, and correction options follow the rules under "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language and Storage: 3.1. The contract language is German.
3.2. The full contract text is not stored by us. Before submitting the order, contract data can be printed or saved electronically. After receiving the order, the order details, legally required information for distance contracts, and the General Terms and Conditions are sent again by email.
4. Essential Characteristics of the Goods or Services: These can be found in the respective offer.
5. Prices and Payment Terms: 5.1. Prices and shipping costs listed are total prices, including all taxes. 5.2. Shipping costs are not included in the purchase price and are shown separately during the ordering process. 5.3. Deliveries outside the EU may incur additional costs such as customs, taxes, or transfer fees, which are borne by you. 5.4. Transfer fees are borne by you if payment is initiated outside the EU. 5.5. Available payment methods are displayed under the corresponding button on our website. 5.6. Unless stated otherwise, payment is due immediately.
6. Delivery Conditions: 6.1. Details on delivery, delivery dates, and any restrictions are displayed under the corresponding button on our website. 6.2. For consumers, the risk of accidental loss or deterioration passes to you upon handover, unless you independently commission a transporter not designated by the seller.
7. Statutory Warranty Rights: Governed by "Warranty" in our General Terms and Conditions (Part I). These T&C were created by IT law specialists at Händlerbund and are continuously checked for legal compliance. More info: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service. Last updated: 22.10.2024