Gerneral terms and conditions
2. Choice of products and specification of services
3. Order process and conclusion of contract
4. Prices und shipping costs
5. Shipping, availability of products
6. Payment terms
7. Reservation of ownership
10. Storage of the contractual text
12. Place of jurisdiction, applicable law, language of contract
The commercial relationship between Harold’s Lederwaren GmbH, owned by Günter Schmelz und Thilo Schmelz (or subsequently called „we or us“) and the customer/consumer (or subsequently called „you“) is exclusively regulated by the general terms and conditions below in the actual version at the point of your purchase order.
For any questions, you may contact us by phone from Monday to Thursday from 8.00 a.m. until 5.00 p.m. and Friday from 8.00 a.m. until 3.00 p.m. on +49 6104 79061 or you can send an email to firstname.lastname@example.org.
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. (§ 13 BGB).
Other terms and conditions of the customer are not accepted, unless the vendor agrees explicitly their validity.
2. Choice of products and specification of services
The representation of the products in the online shop shows no juridically binding offer, but a request on the delivery of an order. The specifications of products on this website are non-binding.
All offerings and choices of products are valid as long as the products are available, unless there is anything else indicted for the products. By the way, errors are expected.
Order process and conclusion of contract
Customers may select products of the vendors collection without commitment and collect them by the button [add to cart] in the so-called cart. Subsequently the customer may close the order process within the cart by selecting the button [to checkout].
With the selection of the button [purchase] the customer submits a binding order of the products in the cart. The customer may check and change any order details before submission of order. Required information are marked with an asterisk (*).
After that, the vendor submits the customer an automatic receipt by email. The receipt shows again the order and the customer may print this order-confirmation. The automatic receipt just confirms that the vendor has received the order, but it does not state any acceptance of this order.
The contract is valid as soon as the vendor sends the the ordered product within the announced delivery time or confirmed the delivery by a second email, or by sending an order confirmation or invoice within the announced time.
In case the vendor allows payment in advance, the contract is a valid as soon as the customer has send his bank details to the vendor. If payment is not received within 10 days, even not after reminder, the vendor will withdraw from the contract. The order is then cancelled and the vendor is freed from obligation of delivery. Hence, the period of reservation of an ordered product in case of advanced payment method is 10 days.
Prices und shipping costs
All prices issued on the website of the vendor include the current legal value added tax.
Additionally to issued prices the vendor charges the costs for shipping. The shipping costs are shown clearly on a separate information page as well as during the order process.
Shipping, availability of products
If advanced payment method is agreed, the order will be be shipped after receipt of amount due.
In case not all ordered products are available, partial shipments are allowed as far as it is reasonable for the customer.
If shipment of products cannot be carried out for the third time due to customers fault, the vendor may withdraw from the contract. Already made payments will be refunded immediately.
Customer may cancel the order, if the product is not available for delivery. In this case the vendor must inform the customer immediately and may suggest an alternative product. If the customer does not wish an alternative product, vendor will refund already done payments immediately.
Customers are informed about delivery times and delivery restrictions (e.g. restriction for certain countries) on a separate information page or within the particular product description.
During order process customers may choose between different payment methods. The vendor informs about available payment methods on a separate page.
For all payment methods, payment must be effected in advance without any further discount.
If third party providers are engaged with payment automation, e.g. paypal, their terms and conditions are valid.
If a time for payment has been specified by reference to the calendar, the customer will be in default without a reminder. In this case customer must pay the statutory default interest rate.
Customers obligation for payment of statutory default interest rate, does not exclude further claimings of the vendor for further delay damages.
The customer shall have the right to the offsetting of costs only in the event that its counterclaims are confirmed or accepted by the vendor. The customer can only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.
Reservation of ownership
Until payment for the delivered goods is completed the goods remain in property of the vendor.
8.1. The warranty shall define itself according to the legal provisions.
For the vendor’s liability for damages the following exclusions and restrictions of liability are valid without prejudice to other legal claims.
The vendor shall be liable without limitation to the extent that the damage is a result of a deliberate act.
Furthermore the vendor is responsible for the easily negligent injury of substantial obligations, whose injury endangers the reaching of the contract purpose, or for the injury of obligations, whose fulfillment the proper execution of the contract at all only made possible and on their observance the customer trusts regularly. In this case liability is however limited to typical foreseeable damages. The vendor shall not be liable for the slightly negligent violation of duties other then those aforementioned.
The aforementioned limitation or exclusion of liability shall not apply in the case of culpable injury to life, body or health, in case of intentional acts, defects detected after the receipt of goods or services covered by a quality guarantee, on defects covered up with intent to deceive. The liability under the Product Liability Act shall remains unaffected.
Given that the liability of the Vendor is ruled out or restricted, then this limitation also holds good for liability with actions of vicarious agents and employees of the vendor.
Storage of the contractual text
The customer may print the contract before submitting the order to the vendor by using the print function of his browser within the last step of the order process.
The vendor submits to the customer to the indicated email-address an order confirmation containing all information of the order. Along with this confirmation the customer receives a copy of general terms and conditions including the cancellation policy as well as the information about shipment costs and payment terms.
If the customer has already registered himself in the vendors shop, he may check his ordert in his his account. Furthermore we save the text of the sales contract, but do not publish it in the internet.
The vendor collects, stores and processes the customer’s data solely in the course of and for the purpose of the performance of this agreement and within the scope of the statutory data protection provisions.
The vendor uses the personal data (such as name, email address, mailing address, payment data for example), which was specified for the purpose of ordering the goods, for the fulfilment and processing of the contract. his data is treated confidentially and not passed on or made accessible to third parties, which not involved in the order-, shipping-, and payment-process.
Upon request, the customer has the right to receive information free of charge, regarding his/her personal data, which the vendor has stored.Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
Place of jurisdiction, applicable law, language of contract
Place of performance and exclusive place of jurisdiction is the headquarters of the vendor,
if the customer is a merchant, a legal entity of the public law or special public-law property.
The language of the contract is english.