Terms and Conditions

General Terms and Conditions

for the online shop at https://blusun.shoes/

of

BLUSUN GmbH
Kreuzgasse 23
66954 Pirmasens
Germany

Phone: +49 (0) 6331 – 7256700
E-mail: info@blusun.shoes

– hereinafter "Provider" or "we" –

vis-à-vis

consumers within the meaning of § 13 of the German Civil Code (BGB) – hereinafter "Customer" or "you" –

1. Scope

1.1 These General Terms and Conditions apply to all contracts concluded by consumers with the Provider via the Provider's online shop at https://blusun.shoes/ regarding the goods offered in the online shop.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 Deviating terms of the Customer shall not apply unless we have expressly consented 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 a non-binding invitation to place an order.

3.2 By submitting the 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 receives an automatic confirmation by e-mail confirming receipt of the order. This acknowledgement of receipt does not yet constitute acceptance of the contractual offer, unless the confirmation expressly states otherwise.

3.4 The contract is concluded when we accept the Customer's offer by means of an express order confirmation or shipping confirmation by e-mail. If the Customer does not receive such a declaration of acceptance beforehand, the contract is concluded at the latest upon handover of the ordered goods to the Customer. A merely automated acknowledgement of receipt pursuant to Section 3.3 does not constitute acceptance unless acceptance is expressly declared therein. Where a deviating point in time for the conclusion of the contract is expressly stated for a payment method offered during the order process, that provision shall take precedence.

3.5 If an order cannot be fulfilled, the Customer will be informed of this without undue delay. In this case, payments already made will be refunded without undue delay via the same payment method, unless expressly agreed otherwise.

3.6 The contract text is stored by us after conclusion of the contract. The Customer receives the order data as well as the contractual information relevant to the contract, including these Terms and Conditions, on a durable medium (e.g. by e-mail) in accordance with the statutory provisions. Where the Customer has set up a customer account, the order data made available there can be viewed. The full contract text is not made permanently available via the online shop beyond this.

3.7 Before submitting the binding 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 placed and can also be corrected there.

3.8 The German language is available for the conclusion of the contract. Where further contract languages are offered in the online shop, these are indicated there.

4. Prices and Terms of Payment

4.1 The prices stated in the online shop at the time of the order shall apply.

4.2 All prices are inclusive of statutory value added tax and exclusive of the shipping costs shown separately during the order process.

4.3 The payment methods displayed in the online shop are available to the Customer.

4.4 Where payment in advance has been agreed, payment is due immediately upon conclusion of the contract.

4.5 If the Customer is in default of payment, the statutory provisions shall apply. For consumers, the statutory default interest rate is five percentage points above the applicable base rate. We reserve the right to assert any demonstrably higher damage caused by default.

5. Delivery

5.1 Delivery is made to the delivery address specified by the Customer during the order process.

5.2 The applicable delivery times are stated in the online shop or on the respective product page.

5.3 Unless otherwise agreed in an individual case, the delivery period begins upon conclusion of the contract; where payment in advance has been agreed, however, only upon receipt of the full purchase price including shipping costs.

5.4 Should delivery of the goods fail for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of outbound shipping where the Customer effectively exercises their statutory right of withdrawal.

5.5 Partial deliveries are permissible insofar as this is reasonable for the Customer. The Customer does not incur any additional shipping costs as a result of a partial delivery initiated by us.

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 that we issue free of charge as part of promotional campaigns with a specified period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the online shop and only within the specified period.

7.2 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

7.3 Individual goods may be excluded from the voucher promotion where a corresponding restriction arises from 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 payment methods offered may be selected to settle the difference.

7.5 The promotional voucher is not paid out in cash and does not bear interest.

7.6 In the event of a withdrawal, the purchase price actually paid by the Customer for the returned goods will be refunded in accordance with the statutory provisions. The notional value of a promotional voucher granted free of charge will not be paid out in money. Whether and to what extent a promotional voucher can be used again after a withdrawal is governed by the respective promotional conditions; the statutory right of withdrawal and its legal consequences remain unaffected.

7.7 Promotional vouchers are transferable, unless the respective promotional conditions provide for a personal restriction. In the case of transferable promotional vouchers, we may render performance with discharging effect to the respective holder who redeems the promotional voucher in the online shop, unless we have knowledge, or are unaware due to gross negligence, of that holder's lack of entitlement.

8. Right of Withdrawal

8.1 Consumers are generally entitled to a statutory right of withdrawal in the case of distance contracts. Details regarding the requirements, periods, procedure, legal consequences and the model withdrawal form are set out in our separate withdrawal instructions.

8.2 Insofar as the Customer is entitled to a statutory right of withdrawal, the withdrawal may also be declared during the withdrawal period via the electronic withdrawal function provided in the online shop. This option exists in addition to the other legally permissible forms of declaring withdrawal. Further details, in particular on locating and using the withdrawal function, are set out in our separate withdrawal instructions.

8.3 The Customer is only required to compensate for a diminished value of goods if the diminished value is attributable to handling of the goods that was not necessary to establish their nature, characteristics and functioning and the statutory requirements for compensation of value are met.

9. Statutory Warranty Rights (Rights in Respect of Defects)

9.1 The statutory warranty law applies to the goods sold by us. The limitation period for statutory claims based on defects is generally two years from delivery of the goods. Special statutory provisions, in particular regarding extensions and suspensions of the expiry of the limitation period, remain unaffected.

9.2 If the goods are defective, the Customer may, subject to the statutory requirements, first demand subsequent performance and may generally choose between remedying the defect (repair) and delivery of goods free of defects (replacement). Statutory restrictions on this right of choice, in particular due to impossibility or disproportionate costs, remain unaffected.

9.3 Before we carry out subsequent performance, we inform the consumer of their statutory right to choose between repair and replacement, as well as of the fact that in the case of subsequent performance by way of repair, the original limitation period for claims based on defects is extended once by twelve months.

9.4 Subsequent performance is carried out in accordance with the statutory provisions within a reasonable period and without significant inconvenience to the consumer. We bear the expenses of subsequent performance to be borne by us by law, in particular necessary transport, travel, labour and material costs. For expenses incurred by the consumer in the course of subsequent performance which are to be borne by us, the consumer may demand an advance payment in accordance with the statutory provisions.

9.5 The Customer's further statutory rights, in particular to a reduction of the purchase price, withdrawal from the contract and damages, remain unaffected, provided the respective statutory requirements are met.

9.6 Statutory warranty rights exist irrespective of any additional commercial guarantees. An additional guarantee exists only if it is expressly promised for the goods in question; in that case, the respective guarantee conditions apply in addition.

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, in cases of fraudulent concealment of a defect, on the basis of a guarantee to the extent of the guarantee assumed, and on the basis of mandatory statutory liability, in particular under the German Product Liability Act.

10.2 In the case of slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

10.3 In all other respects, our liability is excluded to the extent permitted by law.

10.4 The above liability provisions also apply for the benefit 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.

12.2 Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.