Terms of Service
Terms of contract in the context of purchase contracts via the platform https://mysummerfoot.com
– hereinafter referred to as “provider” –
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter “customer/customers” – are closed.
§ 1 SCOPE OF APPLICATION
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
(1) The customer can select products from the range of the provider and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Your Summer Foot - velvety soft feet in just 7 days! order receipt" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The customer can make the payment via PayPal, bank transfer.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 RESERVATION OF TITLE
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.
(3) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
§ 6 WARRANTY FOR DEFECTS
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 LIABILITY
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 NOTES ON DATA PROCESSING
(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ 9 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.