Conditions of Use

§ 1 Scope, customer information
The following general terms and conditions regulate the contractual relationship between Creative Manufacturing GmbH shoes and handicraft Munich online shop and the consumers and entrepreneurs who buy goods through our shop. We do not recognize any conditions that conflict with or deviate from our terms and conditions. The contract language is German.


 
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to order goods.

(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click on the order button do you make a binding offer to conclude a purchase contract.

(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by e-mail. After the period specified in sentence 1 has expired without result, your offer is deemed to have been rejected, i.e. you are no longer bound by your offer.


 
§ 3 Customer information: Storage of your order data
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us. We will send you the terms and conditions, but you can access the terms and conditions at any time via our website after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (My Account).




§ 4 Customer Information: Correction Note
You can correct your entries at any time before submitting the order with the delete button. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window.



§ 5 Retention of title
The purchase remains our property until full payment.




§ 6 Limitation of your warranty claims
(1) Statutory warranty rights apply to our goods.

(2) Warranty to consumers for used goods

Your claims for defects in used items expire one year after the item sold has been handed over to you. Excluded from this rule are claims for damages, claims for defects that we have fraudulently concealed, and claims from a guarantee that we have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply.

(3) Warranty to Entrepreneurs

Your warranty claims due to defects in the purchased item expire one year after the transfer of risk. Excluded from this rule are claims for damages, claims for defects that we have fraudulently concealed, and claims from a guarantee that we have assumed for the quality of the item. The right of recourse according to § 478 BGB is also excluded. For these excluded claims, the statutory limitation periods apply.




§ 7 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.

 

§ 8 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.




§ 9 Payment Methods
(1) Purchase on account When purchasing on account, the invoice amount is due for payment to our external partner Billpay GmbH https://www.billpay.de/endkunden/ on the calendar day specified in the invoice (30 calendar days after the invoice date). The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by Billpay GmbH. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only make payments to Billpay GmbH with a debt-discharging effect. Even when buying on account via Billpay, we remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipping), returns, complaints, declarations of cancellation and - shipments or credits. The General Terms and Conditions https://www.billpay.de/allgemein/datenschutz/ of Billpay GmbH apply.

(2) purchase by direct debit; direct debit authorization; Processing fee for returned direct debits

(a) When purchasing by direct debit, the payment amount is due immediately for payment by our external partner Billpay GmbH https://www.billpay.de/endkunden/ from the current account specified in the ordering process at the bank specified there (the current account). You hereby grant Billpay GmbH a SEPA direct debit mandate to collect due payments and instruct your financial institution to redeem the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. You will be informed of the mandate reference number by email at a later date.
Note: You can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with your bank apply. Please note that the due claim remains in place even in the case of a returned direct debit. You can find more information at https://www.billpay.de/sepa. The preliminary information on the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have the required cover, the bank holding the account is not obliged to redeem it. Partial redemptions are not carried out by direct debit.

(b) The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH https://www.billpay.de/endkunden/ and a current account managed in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only make payments to Billpay GmbH with a debt-discharging effect. Even when purchasing by direct debit via Billpay, we remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, cancellation declarations and shipments or credits. The General Terms and Conditions [Link auf https://www.billpay.de/allgemein/datenschutz/] of Billpay GmbH apply.

(c) By providing the checking account, you confirm that you are entitled to direct debit from the corresponding checking account and will ensure that the necessary funds are available. Returned direct debits are associated with a high level of effort and costs for us and Billpay GmbH. In the event of a returned direct debit (due to insufficient funds in the current account, due to the current account having expired or an unjustified objection by the account holder), you authorize Billpay to submit the direct debit again for the payment obligation that is due in each case. In such a case, you are obliged to pay the costs incurred by the returned direct debit. Further claims are reserved. In view of the effort and costs of returned direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the payment will be reversed by remittance of the corresponding amount or by credit.




§ 10 retention of title; On Bill; right of retention
(1) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in arrears with any payment obligations towards us, all existing claims are due immediately.