§ 1 Scope
(1) The following General Business Terms and Conditions shall apply to all purchase contracts, which are concluded by HÖGL shoe fashion GmbH – hereinafter referred to as "HÖGL" – as seller of goods, in particular ladies shoes, bags and accessories, with consumers– hereinafter referred to as "Customers" – in the HÖGL online shop. A consumer in this case is each party, for which the business does not belong to the operation of its company.
(2) With the placement of his order the Customer accepts the content of these General Business Terms and Conditions.
§ 2 Conclusion of contract
(1) The range of goods presented by HÖGL in the online shop are without obligation and not offered from a legal point of view, but invitations to the Customer to make an offer. By clicking on the "Add to Cart" button the Customer can place the respective goods in the virtual shopping basket. This process is non-binding and does not constitute an offer for a contract. Before submitting an order the content of the order including the customer data will be summarised on an overview page. The Customer can correct their order data.
(2) With the clicking of the button "Place Order", the Customer makes a binding offer towards HÖGL for the conclusion of a purchase contract. The Customer has to submit his order by providing an email address. After the order the Customer will receive an email from HÖGL, which confirms the receipt of the order by HÖGL and gives the details thereof (= confirmation of receipt). This confirmation of receipt does not constitute an acceptance of a contract by HÖGL. Through this confirmation the Customer should merely be informed that the order has been received by HÖGL and which content this has. A contract will only be concluded by sending of an electronic written order confirmation from HÖGL within a reasonable period of time. The right is reserved to input and transmission errors.
(3) If HÖGL cannot accept the offer of the Customer, the Customer will be informed by email – for example about the non-availability of the goods.
(4) HÖGL exclusively sends customary household quantities.
(5) The Customer can store or print out these General Business Terms and Conditions. The contract text is accessible online.
(6) The Customer can store and print out the content of their order directly after submission of his order and in case of registration view it after "LOGIN".
(7) The Customer assures that all details provided by them with the order respectively online registration are the truth. Changes are to be reported to HÖGL without delay.
(8) With the sending of the order to HÖGL or online registration, the Customer assures that they have full capacity to enter into legal transactions, otherwise a consent of the legal guardian is necessary.
(9) The contractual language is exclusively German.
(10) Orders from the HÖGL online shop will be exclusively sent by HÖGL to Germany and Austria.
HÖGL offers for Customers, with a place of residence within the EU, outside of Germany or Austria, the possibility for self-collection. It is hereby made possible for these Customers to order in the HÖGL online shop and to pick the order up at the following address: HÖGL shoe fashion GmbH, Joseph-Lorenz-Straße 1, A-4775 Taufkirchen. The Customer has to enter the aforementioned address as the shipping address and to subsequently inform the HÖGL-customer service when he will pick the order up or respectively have it picked up by third parties.
§ 3 Prices, shipping costs
(1) The prices stated on the websites of HÖGL are shown in Euro, are deemed as total prices and include the statutory value added tax. The right is reserved to input and electronic transmission errors.
(2) The shipping costs within Germany and Austria are principally borne by HÖGL.
§ 4 Types of payment, maturity, dunning charges, default interest, reservation of title
(1) Principally the following types of payment are available to the Customer for selection:
- Credit card
- Payment by PayPal: With the selection of the type of payment PayPal the Customer will be forwarded directly to PayPal at the end of the order process. If the consumer is already a customer of PayPal, he can login there with his user data and confirm the payment.
- Immediate transfer: The Customer will pay with his online bank account. With immediate transfer, the Customer transfers the respective amount during his order still.
- Payment on account: In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase by invoice as a payment option. With the purchase on account with Klarna, you will always receive the goods first and you always have a payment deadline of 14 days. The payment is made to Klarna. Please note that purchase on account is only available for consumers. You can find the full General Business Terms and Conditions regarding the purchase by invoice for deliveries to Germany here and the full General Business Terms and Conditions regarding the purchase by invoice for deliveries to Austria here. The online shop does not charge any fee with the purchase by invoice with Klarna.
Klarna will check and assess your entered data and in case of a justified interest and reason will carry out a data exchange with other companies and credit agencies. Your personal details will be treated in compliance with the applicable data protection provisions and in line with the details in Klarna’s data protection provisions for Germany / Austria .
(2) HÖGL reserves the right, in a justified individual case, to restrict the selection of the types of payment.
(3) Invoices are due pursuant to the term of payment without deduction of cash discount.
(4) The Customer is obligated, in the event of default, to reimburse the dunning and debt collection expenses incurred to HÖGL. In case of default of payment default interest are to be paid in the statutory amount. HÖGL reserves the right to prove higher damages.
(5) The delivered goods will remain the property of HÖGL until the full payment. The Customer has to report accesses of third parties to the reserved goods to HÖGL without delay after these become known. The Customer shall be liable for all costs, which are incurred for the revocation of such accesses, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
(6) A possible reimbursement of made payments shall principally be carried out on that means of payment, which the Customer used with his order.
§ 5 Delivery
(1) When an article is capable of delivery, it can be seen on the product detail page. There is a delivery status for each article below the price. Immediately deliverable articles will, depending on the time of the order receipt and the receipt of the order confirmation, be handed over to the delivery agent for delivery either on the same or on the next workday. It is pointed out that with orders on weekends and public holidays, the delivery can be carried out at the earliest on the following workday of the receipt of the order confirmation. Shipping durations will vary from the point of dispatch. Articles, which cannot be delivered immediately, will be noted and delivered at the availability date stated in the product detail view.
(2) Should delays in delivery occur, HÖGL will announce this to the consumer by email by stating the expected delivery date.
(3) HÖGL is entitled to partial deliveries to a reasonable extent. If partial deliveries are carried out HÖGL will, of course, bear the additional shipping costs.
§ 6 Warranty
(1) If the delivered goods are faulty HÖGL is entitled to improvement or to exchange. Price reduction or nullification can only be requested by the Customer if the improvement and the exchange are not possible, would be associated with a disproportionate amount of work for HÖGL or if HÖGL cannot satisfy the consumer’s request or cannot satisfy this within a reasonable deadline. The right to nullification shall only exist if it concerns a significant defect.
(2) In order to assert warranty claims the Customer has to contact the HÖGL customer service under the following email address: email@example.com. Services within the scope of the complaints processing are principally carried out free of charge.
(3) The acceptance of the goods by HÖGL does not constitute recognition of warranty claims. Recognition of HÖGL shall require a separate inspection; the Customer will be informed of the results hereof within a reasonable period of time.
(4) If the Customer culpably asserts warranty claims without justification, HÖGL reserves the right to request damages from the Customer. The assertion of warranty claims is culpably unjustified if the Customer recognised or negligently failed to recognise that there is no defect to the delivered goods, but the cause for the fault to the goods lies, for example, in his own area of responsibilities.
§ 7 Liability for damage(s)
(1) HÖGL shall be liable insofar as it is guilty of wilful intent or gross negligence. For simple (slight) negligence HÖGL will only be liable with the breach of an obligation, the fulfilment of which renders the proper execution of the contract possible at all and the Customer may as a rule rely on the compliance with such obligations. Incidentally, liability for damage(s) of all kinds, no matter on which claim basis, including the liability for fault upon conclusion of the contract, is excluded.
(2) Insofar as HÖGL, pursuant to Paragraph 1, is liable for simple (slight) negligence, your liability is limited to the damage, the occurrence of which HÖGL typically had to expect according to the circumstances known upon conclusion of the contract.
(3) The aforementioned liability exclusions and restrictions shall not apply to damages which are to be compensated for according to the Product Liability Act, as well as for damages to the body and the health.
(4) The aforementioned liability exclusions and limitations shall also apply for the benefit of the employees, vicarious agents and other third parties, which HÖGL uses to fulfil the contract.
§ 8 Right of revocation
(1) The Customer has the right to revoke the contract within fourteen days without stating any reasons.
(2) The deadline for revocation will begin on the day, on which the Customer or a third party named by him, which does not operate as a carrier, obtains possession of the goods if the Customer has ordered several goods within the scope of a standard order, which are delivered separately, on the day, on which he or a third party named by him, which does not operate as a carrier, obtains possession of the last delivered good.
(3) In order to exercise the right of revocation the Customer must inform
HÖGL shoe fashion GmbH
by means of a clear declaration (e.g. by means of a letter, fax or email) about his decision to revoke this contract. The Customer can for this purpose use the contact form available on the HÖGL website or the revocation sample form for consumers provided as an annex here. If the Customer uses his possibility for the revocation, HÖGL has to confirm the receipt of the revocation to the Customer by email. The mere return of the goods to HÖGL is not sufficient in order to effectively exercise the right of revocation.
(4) In order to adhere to the deadline for revocation, it is sufficient if the Customer has sent the notification regarding the exercising of the right of revocation before expiry of the deadline for revocation.
(5) The Customer has to return or hand over the goods without delay and in any case within fourteen days from the day, on which it has notified HÖGL about the revocation of this contract, to
HÖGL shoe fashion GmbH
in a packaging that is suitable for shipment. For the return within Germany and Austria, a postage paid parcel sticker is enclosed with the deliveries of HÖGL. No costs will be incurred for the Customer for the return shipment when this parcel sticker is used. In this case, HÖGL will bear the costs for the return of the goods. However, the Customer has to bear the costs for the return of the goods, should he not have used the postage paid parcel sticker of HÖGL for the shipment.
If the Customer revokes this contract, HÖGL principally has to repay the Customer all payments, which HÖGL received from him. For this repayment HÖGL uses the same means of payment, which the Customer used with the original transaction, unless explicitly otherwise agreed with the Customer; in no way will fees be charged to the Customer owing to this repayment.
(6) HÖGL can refuse the repayment until HÖGL has received the goods back again.
(7) The Customer must only pay for a possible loss in value of the goods if this loss in value is a result of a scope that is not necessary for examination of the condition, properties and functionality of the goods.
§ 9 Data protection
HÖGL collects and stores the data of the Customer that are necessary for the business processing. HÖGL complies with the statutory provisions when processing the personal data of the Customer. More specific details can be derived from the privacy statement of HÖGL. This privacy statement can be called under the following link: www.hoegl.com/at_en/privacy-note.
§ 10 Final provisions
(1) The place of performance is the registered seat of HÖGL.
(2) The substantive law of the Republic of Austria under the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply to these business terms and conditions and the entire legal relationships between HÖGL and the Customer, insofar as this is not opposed by mandatory protection provisions (in particular the consumer protection law). The statutory regulations regarding the restriction of the choice of law shall therefore remain unaffected.
(3) The statutory regulations shall apply for the place of jurisdiction.
(4) HÖGL is not willing and not obligated to take part in a dispute resolution procedure before a consumer mediation board.
(5) Should one or several provisions of these General Business Terms and Conditions be invalid in full or in part or cease to be valid at a later time this shall have no effect on the validity of the other provisions.
§ 11 Provider marking, address capable of summons
The address (capable of summons) of HÖGL in particular for complaints and other declarations of intent of the Customer reads as follows:
HÖGL shoe fashion GmbH
Status: June 2017
Sample for the revocation form
HÖGL shoe fashion GmbH
I/we hereby revoke the contract concluded by me/us regarding the purchase of the following goods:
received on ……………………………..
Name and address of the consumer:
Signature of the consumer
* only with notification on paper