Terms and conditions of the online shop www.fernandoberlinboots.com
§ 1 Validity
(1) Our deliveries, services and offers are based on these General Terms and Conditions.
(2) Our employees are not entitled to make verbal agreements with the customer in connection with the contract that deviate from the order form or these terms and conditions.
(3) Customers in terms of these terms and conditions can be consumers and entrepreneurs.
(4) Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor his independent professional activity (§ 13 BGB).
(5) An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership which, upon concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB). In addition, the rules for consumers also apply to entrepreneurs, provided that they do not perform the order in their capacity as an entrepreneur.
§ 2 Registration as a user
(1) Registration is optional. The customer can also use the website without registration. The registration to the shop system is free of charge. To register, the customer electronically completes the registration form available on our website and sends it to us. The data required for the registration must be provided by the customer completely and truthfully. With the registration, the customer assigns a personal password. The customer is obliged to keep the password secret and never to inform this third party.
(2) Apart from the declaration of the agreement of the customer with the validity of these general terms and conditions, the registration of the customer has no obligations whatsoever. The customer can cancel his registration at any time in the "customer area" on the website. By registering on our website, there is no obligation to purchase the goods we offer.
(3) As far as the personal information of the customer change, the customer is responsible for the actual update. All changes can be made online after registration in the "customer area".
§ 3 Offer and contract
(1) Offers and price information contained in our webshop, in brochures, advertisements and other advertising material do not constitute a legally binding contract offer, but only an invitation to the customer to make an offer.
(2) By submitting the order in our webshop, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart.
(3) We confirm the receipt of the customer's order by sending a confirmation e-mail immediately after the ordering process has been completed. With this e-mail, we accept the offer of the customer to conclude a purchase contract.
§ 4 Prices and payment
(1) Prices include statutory VAT and other price components. To the prices come shipping costs.
(2) All products offered are, unless otherwise stated in the product description clearly indicated immediately ready for dispatch.
(3) Payment is made at the customer's option via Paypal, direct debit, credit card, invoice, cash on collection, payment in advance or installment via Paypal.
With the payment method advance payment / PayPal you receive with the order confirmation our bank account / PayPal account. Payment must be made within 10 working days to our account / PayPal account. After receipt of the transfer, we will ship the goods according to the specified delivery time.
In the case of the direct debit payment method, the amount will be withdrawn from your bank account and after the credit has been credited to our account, the goods will be shipped to you according to the stated delivery time.
For the credit card payment method, the amount will be debited to your credit card account and the goods will be shipped to you according to the stated delivery time.
In the payment method of invoice, the goods will be shipped to you according to the specified delivery time. The invoice will be sent to you by e-mail. This is to be paid within 10 days.
If you select an installment payment via Paypal and Paypal grants this installment payment, we will ship the goods according to the specified delivery time and after we have received the confirmation of Paypal on the receipt of the purchase price.
To safeguard our credit risk, we reserve the right in individual cases to exclude certain types of payment.
(4) Customs duties and taxes may apply to deliveries to Switzerland and non-EU countries.
(5) Customers acting as entrepreneurs have to pay interest on the debt at 8% above the base rate during the default. We reserve the right to prove and assert a higher default interest vis-à-vis the entrepreneur.
§ 5 Delivery and delivery time
(1) The delivery of the goods usually takes place from our warehouse or by pickup. A pick up of the goods by the customer is only possible during the regular opening hours in our shop in Berlin.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold, even with the sale of the consignment only with the transfer of the thing to the customer.
(3) If the customer is an entrepreneur, the risk and the risk of shipping pass as soon as the goods have been handed over by us to the commissioned logistics partner.
(4) If the customer is an entrepreneur, we reserve the right in the event that we can not meet a delivery deadline for reasons for which we are not responsible, after immediate information to the customer a new reasonable delivery period of no more than 21 days to determine. If the ordered article is not available within this new delivery period of 21 days, we are entitled to withdraw from the contract. We will immediately reimburse any consideration already provided.
§ 6 Warranty
(1) The statutory warranty applies.
§ 7 Liability
(1) In the case of slightly negligent breaches of duty, our liability and the liability of our vicarious agents are limited to the contractually typical, foreseeable damage. For slightly negligent breaches of duty of non-contractual obligations, the breach of which does not endanger the performance of the contract, we and our vicarious agents are not liable. Essential to the contract is a duty, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
(2) The above limitations of liability do not apply to claims of the customer under the Product Liability Act or under warranty. Furthermore, the limitations of liability shall not apply to physical and health damages attributable to us or loss of life of the customer.
§ 8 Retention of title
We reserve the ownership of the goods until full payment of the purchase price.
§ 9 Privacy
§ 10 Cancellation Policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must
Fernando Berlin GmbH
Bornholmer Straße 3, 10439 Berlin
Telephone: +49 (0) 30 - 53 16 32 50, E-Mail: contact [at] fernandoberlinboots [dot] com,
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
If you want to revoke the contract, please fill out the form and send it back. The form can be found here.
§ 11 Jurisdiction, applicable law, invalidity of individual provisions
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business (Berlin).
(3) In the case of ineffectiveness of individual provisions of these General Terms and Conditions, the remaining provisions shall remain valid.