General Terms and Conditions
- 1 Validity
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Sale and Business. These are an integral part of all contracts that we conclude with our customers (hereinafter “Buyer” or “Customer”) for the goods offered by us,
- 2 Offer and conclusion of contract
(1) The presentation of the products in the online webshop does not constitute a legally binding offer.
(2) By clicking the button “order with costs” you place a binding order for the products that are listed on the order page. The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail (within the following period) after receiving your order.
(3) Registration for participation in seminars and workshops takes place online on a separate booking form on the website, by mail or by handing in a booking in our premises.
(4) Bookings will be considered in the order in which we receive them in writing. Upon receipt of the confirmation by the participant (by e-mail), the contract is concluded. If a registration form is handed in in our premises, confirmation will be made immediately verbally or in writing in the individual case.
(5) The contract is concluded with “Sandalenwerkstatt Freiburg, Thilo & Assies GbR, Talstrasse 9a, 79102 Freiburg, Germany”.
- 3 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value added tax at the applicable rate. Costs of packaging will be separately invoiced.
(2) With the booking of the workshop the customer has to pay the fee for the respective workshop. The agreed fee includes the cost of materials, classes and fitting of the sandals made. In the event that the sandals could not be completed within the time period, i.e. during the workshop, the sandals will be completed by us afterwards and later shipped to the respective customer. The postage incurred shall be borne by the customer in the amount of € 10.00 fixed rate (within Germany). Tools, materials and the premises are provided by us.
(3) Payments can only be made in the specified payment methods, i.e. cash, bank transfer (prepayment), credit card payment or PayPal.
(4) The Buyer may only set off its own claims against our claims or retain services owed by them if their counterclaims are undisputed or have been legally established or have been established in the very same contractual relationship.
- 4 Delivery, delivery time and shipment
(1) Delivery and other services may vary depending on various factors (e.g. demand, season, etc.). Therefore, the delivery time indicated by the system during booking may vary and applies only to the specific order.
(2) The delivery time indicated by us shall not begin to run until all obligations to cooperate have been fulfilled by the Buyer (e.g. the Buyer’s footprints have been received by us).
(3) Should we fail to comply with an agreed delivery date, the Buyer shall grant us a reasonably extended deadline, which shall in no case be less than two weeks.
(4) The shipping costs shall be borne by the Buyer, and include the costs of any transport insurance taken out by us.
- 5 Warranty and liability
(1) In the case of deficiencies in the delivered goods, the Buyer shall be entitled to their statutory rights.
(2) Any claims for damages by the Buyer due to obvious material deficiencies of the delivered goods shall be excluded if the Buyer does not notify us of the deficiency within a period of two weeks after delivery of the goods.
(3) Our liability for damages, irrespective of the legal basis (in particular in case of delay, deficiency or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
(4) The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed properties of goods, for injury to life, limb or health or under the German Product Liability Act (“Produkthaftungsgesetz”).
- 6 Retention of title
We retain title to the goods delivered until the purchase price for these goods has been paid in full.
- 7 Withdrawal / Cancellation of participation in the workshop
The Customer can cancel their participation (depending on the chosen workshop) subject to the following conditions:
The Customer may cancel their participation in the workshop free of charge up to four weeks before the beginning of the first date of the workshop.
The Customer may cancel their participation in the workshop up to two weeks before the beginning of the first date of the workshop, but in this case has to pay half of the fee for the respective workshop.
Cancellation at shorter notice is not accepted; in this case the Customer has to pay the full fee for the workshop.
In case of non-participation or drop-out of the workshop, there is no right to a refund of the fee.
In case of a cancellation with costs (before the workshop starts) the customer will receive a voucher in the respective amount to redeem for another workshop. This voucher can be redeemed until the end of the year following the cancelled workshop. Participation is then subject to the conditions prevailing in the region, especially with regard to the number of participants.
- 8 Cancellation of workshops
We are entitled to cancel workshops for important reasons – especially in case of insufficient participation or illness of the workshop instructor. Three participants shall be considered a sufficient number. Customers will be informed of this by telephone or e-mail. In these cases, the customer can choose whether to participate in a workshop at an alternative date or to receive a refund of fees already paid. In the event of cancellation without indication of an alternative workshop date, or if the Customer opts for this choice, any fees already paid will be refunded without delay. Any claim for damages over and above this (e.g. cancellation fees for travel or hotel costs) shall be excluded.
- 9 Liability
(1) The workshop is intended to support the production of own products by the customers. Therefore, we cannot assume any warranty or other liability for the manufactured products.
(2) Machines might be operated during the workshop. The applicable safety measures must be observed and the machines operated with care. Our liability for damages, irrespective of the legal basis (in particular in case of delay, deficiency or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
(3) The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed properties of goods, for injury to life, limb or health or under the German Product Liability Act (“Produkthaftungsgesetz”).
(4) We do not assume liability for theft of privately carried items during the workshops. This shall not apply in the event of intentional or grossly negligent conduct on our part.
- 10 Applicable law
All the legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
- 11 Right of withdrawal
(1) Consumers are entitled to a statutory right of withdrawal. A Consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity (Section 13 BGB (German Civil Code)).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Sandalenwerkstatt Freiburg, Thilo & Assies GbR, Talstrasse 9a, 79102 Freiburg, Germany) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample withdrawal form for this purpose, but it is not mandatory to use this form.
In order to observe the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the reasonably priced standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may withhold repayments until we have received the goods back or until you have provided proof that you have shipped the goods back, whichever is earlier.
You shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline shall be deemed observed if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for the purpose of inspecting the quality, characteristics and functioning of the goods.
(2) Pursuant to Section 312g (2) No. 1 of the German Civil Code (BGB), the right of withdrawal shall not apply in the event that the goods are manufactured on the basis of an individual selection or determination made by the Consumer or are clearly tailored to the Consumer’s personal requirements.