Terms of service
General Terms and Conditions
for the online shop at https://blusun.shoes/
by
BLUSUN GmbH
Kreuzgasse 23
66954 Pirmasens
Germany
Phone: +49 (0) 6331 – 7256700
E-Mail: info@blusun.shoes
– hereinafter referred to as "Provider" or "we" –
with respect to
consumers within the meaning of § 13 of the German Civil Code (BGB) – hereinafter referred to as "Customer" or "you" –
1. Scope
1.1 These General Terms and Conditions apply to all contracts concluded by consumers via the Provider's online shop at https://blusun.shoes/ with the Provider for the purchase of goods offered in the online shop.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.3 Deviating terms and conditions of the Customer shall not apply unless we have expressly agreed to their validity in text form.
2. Subject Matter of the Contract
2.1 The subject matter of the contract is the sale and one-time delivery of goods offered in the online shop.
2.2 The essential characteristics of the goods are set out in the respective product description in the online shop.
3. Conclusion of Contract
3.1 The presentation of goods in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
3.2 By submitting an order via the online order form, the Customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
3.3 Upon receipt of the order, the Customer will receive an automatic confirmation by e-mail acknowledging receipt of the order. This confirmation of receipt does not yet constitute acceptance of the contractual offer.
3.4 The contract is only concluded when we expressly accept the Customer's offer in text form or dispatch the ordered goods to the Customer.
3.5 If an order cannot be fulfilled, the Customer will be informed immediately. Any payments already made will in this case be refunded immediately via the same payment method, unless expressly agreed otherwise.
3.6 The contract text is stored by us. The order data and these GTC will be transmitted to the Customer in text form after the order has been placed.
3.7 Before submitting the order, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once more in an order summary before the order is submitted and can also be corrected there.
3.8 The contract may only be concluded in the German language.
4. Prices and Payment Terms
4.1 The prices listed in the online shop at the time of the order shall apply.
4.2 All prices include statutory VAT and are subject to the shipping costs separately stated during the ordering process.
4.3 The Customer may use the payment methods displayed in the online shop.
4.4 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
4.5 If the Customer defaults on payment, we are entitled to charge default interest at a rate of five percentage points above the applicable base interest rate. We reserve the right to claim further damages caused by the default. The Customer reserves the right to prove that we have suffered no damage or less damage than the amount claimed.
5. Delivery
5.1 Delivery shall be made to the delivery address provided by the Customer during the ordering process.
5.2 The applicable delivery times are indicated in the online shop or on the respective product page.
5.3 Unless otherwise agreed in individual cases, the delivery period begins upon conclusion of the contract; in the case of agreed advance payment, however, only after receipt of the full purchase price including shipping costs.
5.4 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by us as a result. This does not apply to the outbound shipping costs if the Customer effectively exercises their statutory right of withdrawal.
5.5 Partial deliveries are permitted to the extent that they are reasonable for the Customer.
6. Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
7. Promotional Vouchers
7.1 Vouchers issued free of charge by us as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") may only be redeemed in the online shop within the specified period.
7.2 Promotional vouchers may only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
7.3 Individual goods may be excluded from the promotional voucher campaign, provided that a corresponding restriction is stated in the content of the promotional voucher.
7.4 If the value of the promotional voucher is insufficient to cover the order, one of the other available payment methods may be chosen to settle the difference.
7.5 The promotional voucher will not be redeemed for cash and does not accrue interest.
7.6 In the event of a withdrawal, the voucher value attributable to goods paid for with a promotional voucher will not be refunded.
7.7 Promotional vouchers are transferable. We may fulfil our obligations with discharging effect to the respective holder who redeems the promotional voucher in the online shop, unless we have knowledge or grossly negligent ignorance of that holder's lack of entitlement.
8. Right of Withdrawal
Consumers are generally entitled to a statutory right of withdrawal in distance selling contracts. Details are set out in the Provider's separate withdrawal policy.
9. Liability for Defects
Statutory liability for defects applies.
10. Liability
10.1 We are liable without limitation
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise regulated in that regard,
- as well as on the basis of mandatory statutory liability, in particular under the German Product Liability Act (Produkthaftungsgesetz).
10.2 In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on the observance of which the Customer may regularly rely.
10.3 Any further liability on the part of the Provider is excluded.
10.4 The foregoing liability provisions also apply in favour of our legal representatives, employees and vicarious agents.
11. Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Applicable Law
12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has their habitual residence.