(1) The terms and conditions hereinafter apply to any purchases made at avesu OHG (‘we’ and ‘us’) by consumers or traders (‘you’). Consumers mean any natural persons with residence and delivery address in the European Union, who are acting for purposes which are outside their trade, business, craft or profession. Traders mean any natural persons or legal persons or legal partnerships, who order for purposes relating to their trade, business, craft or profession.
(2) Transactions and delivery are governed exclusively by the terms and conditions hereinafter. Terms and conditions by the purchaser which differ or are contrary to the terms and conditions hereinafter shall not apply. The terms and conditions hereinafter shall also exclusively apply in any case in which we, despite knowledge of the purchaser’s alternative terms and conditions, deliver and supply without reservation.
2. Trade Partner
Your trade partner is
avesu GmbH, represented by the partners Thomas Reichel and Dirk Zimmermann as of
Rigaer Straße 29c
Sales agreements in our online shop are either completed in German or English.
4. Completion of contract
(1) Please note that the presentation of our products and the possibility of placing an order at our website do not constitute a binding offer. Only once you have placed an order shall this be regarded as an offer to us to complete a sales agreement. When you place an order with us, we send you an e-mail to the e-mail address provided, confirming receipt and details of your order (‘confirmation of order’). The confirmation of order shall not constitute the acceptance of your offer, but shall merely inform you that we have received your order. A sales agreement with us is completed, once we dispatch the product you ordered. In case of pre-payment, the sales agreement shall already be deemed completed when our account is credited with the full payment sum within 14 days of you having received the confirmation of order.
(2) We reserve the right to reject individual online orders, the decision upon which remains in our sole discretion. In case we choose not to execute an order, we shall notify the purchaser at the e-mail address provided in the order.
For orders at avesu.de, the prices indicated on the product site at the time of the order apply. Prices indicated are final prices, i.e. they include the valid statutory German VAT at the time of the order. They exclude, however, costs for packaging and delivery at the time of the order.
We offer payment via credit card, PayPal and pre-payment. In case of pre-payment, you receive an e-mail with our bank account details upon completion of the ordering process.
7. Setting-off claims
Customers shall only have the right to set-off claims, in cases in which their counterclaims have been upheld in court by final decision or are undisputed by avesu GmbH.
8. Right of retention
Customers shall only be entitled to exercise the right of retention (e.g. withhold payments), in cases in which their counterclaims are founded in the same contractual relationship.
9. Delivery and charges
(1) Sale is on while stock lasts. Depending on the product, delivery times vary between two working days and 4 weeks. They are indicated on the product site individually for each shoe size. Please note that in case of pre-payment products are despatched only once the entire payment sum has been credited to our account. Our delivery carrier is Deutsche Post DHL Group (Go Green) and delivery is exclusive to delivery addresses within the European Union.
(2) Each order incurs delivery charges. The amount of the delivery charge is displayed to you during the ordering process. An overview of delivery charges is available on our website and can be found in the menu under the heading ‘delivery charges’.
10. Cancellation right
avesu GmbH grants consumers an optional cancellation right as follows:
If you are contracting with us as a consumer, you have the right to cancel your contract at any time within 14 days and without having to give reason. The cancellation period is 14 calendar days after the day on which you or a third person nominated by you, who is not the carrier, acquires possession of the last good.
In order to exercise your cancellation right you have to write (sending either a letter by post, fax or e-mail) to
Schivelbeiner Straße 35
Telephone: +49 (0) 30 54610311
Fax: +49 (0) 30 91437809
and explicitly declare and inform us that you wish to cancel the contract. You may use the standard cancellation form provided, but this is not mandatory.
In order to meet the cancellation deadline, you have to send the notification on the exercise of your cancellation right before expiry of the cancellation period.
Effects of cancellationIf you cancel this contract, we will refund all payments we have received from you immediately or at the latest within 14 days after the day we have received your notification of cancellation, including delivery charges (except for additional costs for delivery you have opted for rather than the cheapest standard delivery offered by us). For refunds we will use the same payment method you used for the original transaction, unless otherwise explicitly agreed with you. In no case will we charge you for the refund. We may refuse refund payments until you have returned the goods back to us or have provided evidence of having sent the goods back to us, depending on which is the earlier point in time.
You have to either send back or return the goods to us immediately or in any case at the latest within 14 days after the day you have notified us of the cancellation of your contract. You will meet the deadline if you send the goods back to us any time before expiry of the cancellation period of 14 days.
You have to bear the direct costs of returning the goods back to us. You shall only be liable for such loss in value which can be ascribed to an inappropriate handling of the goods that was unnecessary in order to assess their quality, characteristics and functioning.
11. Reservation of proprietary rights
Until full settlement of all claims against the customer that arise from the sales agreement, the delivered goods remain property of avesu Reichel and Zimmermann OHG. As long as the goods are under the reservation of proprietary rights, the customer shall neither sell, nor dispose of the good, in particular s/he shall not contractually grant use of the goods to a third party.
12. Gift vouchers
(1) We offer gift vouchers for sale.
(2) ) Gift vouchers can be used for purchases of articles in our online shop or at our local branches. They may not be used for purchases of further gift vouchers.
Gift vouchers must be used before completing checkout. We cannot accept vouchers later than checkout. Gift vouchers are regarded as redeemed, if they were used to pay for an order. In case the amount of the gift voucher is insufficient to pay for your entire order, you can pay the rest by using one of the payment methods we offer. In case a gift voucher exceeds the amount of an order, the outstanding balance is credited to you in the form of another gift voucher.
(3) Gift vouchers cannot be exchanged for cash and we pay no interest on the balance.
In case you later return goods to us that were paid for by gift voucher, i.e. due to the effective cancellation of your contract, you will receive the gift voucher back in exchange for the goods.
(4) We accept no liability for loss, theft or illegibility of gift vouchers. Equally, we accept no liability for spelling mistakes or typing errors in the e-mail address of recipients of gift vouchers.
Gift vouchers may be transferred to other parties. Copying, editing or any manipulating of vouchers is prohibited.
13. Promotion codes
(1) Promotion codes are vouchers that cannot be purchased. Promotion codes are regularly issued for a specified validity period. Individual brands may be excluded from the promotion.
(2) Promotion codes are valid for the time specified and can be used once for one order. Promotion codes must be used before completing checkout. We cannot accept promotion codes later than checkout.
The amount of the good must at least be equal to the amount of the promotion code as we are unable to refund the remaining balance for administrative reasons. In case the amount of the promotion code is insufficient to pay for your entire order, you can pay the rest by using one of the payment methods we offer.
(3) Promotion codes may be transferred to third parties. Promotion codes cannot be combined. Promotion codes cannot be exchanged for cash and we pay no interest on the balance. Promotion codes are not refundable, in case all or part of the goods are returned and the promotion code was issued as part of a promotion and without a service in return.
Statutory provisions on warranty apply.
Subject to clause 14 hereof and the provisions of the German Product Liability Law, we accept no liability for damages. This excludes claims by customers for damages to life, body, health or violation of essential contractual obligations (‘cardinal duties’) as well as liability for other damages that result from intentional or negligent breach of our duties, including those by our legal representatives and vicarious agents.
16. Data Protection
We take the protection of your personal data very seriously. It is our declared intention to inform users of our website when and for what purpose we save data and how we use it. As a private law company we are subject to the German Federal Data Protection Act and the German Telemedia Law. We have taken measures to ensure that we and our external service providers comply with data protection regulation.
Secure data transmissionThe personal data you enter when visiting our website, e.g. when you order online, is transmitted in encrypted form. Our encryption system is the industry standard SSL (Secure Sockets Layer), which is in use worldwide for many leading web applications. In order to protect your data against unauthorised access or fraud, we have extensive technical and operative security measures in place. These security standards are regularly reviewed and are up-dated in line with technological developments. Subject to statutory provisions, we accept no liability for damages or adverse effects incurred by computer viruses.
Delivery by DHLIn order to inform you of delivery up-dates and status, we transmit the data of the delivery address and your e-mail address to our carrier Deutsche Post DHL Group (Go Green).
Use of Google +1With the help of the Google +1 button you can publish information worldwide. Via the Google +1 button you and other users receive personalised content by Google and their partners. Google saves the information that you have rated content with +1 as well as information on the site that you viewed while clicking +1. Your +1 together with your profile name and your picture may be displayed in Google services for information purposes such as in search results or in your Google profile or at other locations on websites and in advertisements on the internet. Google collects information on your +1 activity to improve Google services for you and others. To use the Google +1 button you need a worldwide publicly available Google profile that contains at least the name chosen for the profile. This name will be used for all Google services. In some cases this name can replace other names that you have used for sharing content via your Google account. The identity of your Google profile can be displayed to users who either know your e-mail address or have other identifying information.
Right of disclosure and withdrawalAt all times you have the right to obtain information on any of your customer-related data we have saved, including the origin and the recipient of data for purposes of data processing. At all times you may request us to correct or block the saved data. Without giving reason you may withdraw your consent allowing us to process and use your data. Should you have any questions relating to the saving, processing or use of your personal data, please do not hesitate to contact our data protection officer and he will be happy to discuss your issues.
In charge of data processing Dirk Zimmermann E-Mail: firstname.lastname@example.org
17. Applicable law
The law of the Federal Republic of Germany shall govern any completion and execution of contracts. The application of the UN sales law (CISG) is excluded. Mandatory provisions of the state, in which you habitually reside, shall remain unaffected hereby.
18. Place of jurisdiction
In cases in which the customer is either a trader or a legal person under public law or a special fund of public law, the sole place of jurisdiction for all direct or indirect disputes arising from the contractual relations shall be Berlin. The same applies, if a customer has no regular place of jurisdiction in Germany or transfers his/her place of residence or abode outside Germany after completion of contract. If at the time a lawsuit is filed against a customer, the place of her/his residence is unknown, the place of jurisdiction shall also be Berlin.
19. Severability Clause and written form
(1) In case all or part of the individual terms of this Agreement are ineffective or lose their effectiveness later, this shall not affect the validity of the remaining Agreement. The parties undertake to replace ineffective or void terms with effective terms that come closest to the economically intended purpose. The same shall apply in case of a contractual gap.
(2) Amendments or additions to this Agreement need to be in writing.
As of October 2015
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