General Terms and Conditions (ABG)
scope
These terms and conditions apply to all purchases from MyFooties made by private customers.
Private customers in this sense are people with residence and delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The awarded prices include 19% sales tax. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods(s) you ordered. You can find out more about the details under “Shipping costs” . The customer will bear the regular return shipping costs that arise if you return the goods when you exercise your right of cancellation .
payment
Payment is made upon delivery via
- Credit card
- Direct debit
- Payment in advance
- Invoice
- PayPal
- Klarna
19% sales tax is shown.
Late payment
If you are in default of payment, MyFooties is entitled to demand default interest of 5 percentage points above the base interest rate per annum announced by the Deutsche Bundesbank for the time of the order. If MyFooties demonstrably incurred higher damages due to the delay, MyFooties is entitled to claim this.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery takes place to the delivery address specified by the customer, within
- Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, MyFooties ' obligation to provide performance is excluded. Amounts already paid will be refunded immediately by MyFooties .
(3) MyFooties can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by MyFooties .
(4) Bulky goods (parcels with a volume larger than 1 square meter) are usually delivered by a freight forwarder. MyFooties expressly points out that these goods are not carried into the house.
Return
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
(2) When returning the goods, please complete and enclose the cancellation form enclosed with the delivery of the goods. If you paid via PayPal, we will refund you the amount via PayPal. If you have chosen another payment method (e.g. via SEPA, bank transfer, credit card, Apple Pay), we will transfer the amount to your bank account. The customer bears the shipping costs of the return. We recommend insured shipping with a tracking number. Please keep the return receipt so that you can provide proof of the return in the event of a loss.
Retention of title
The delivered goods remain the property of MyFooties until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; In particular, the customer may not contractually grant third parties use of the goods.
Warranty rights
(1) If a product is already defective upon delivery (warranty case), MyFooties will, at the customer's discretion, replace it with a defect-free product or have it professionally repaired at MyFooties ' expense (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. There is no warranty claim in particular in the following cases:
a) in the event of damage caused to the customer through misuse or improper use,
b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) MyFooties also provides no guarantee for an error caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, taking into account the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - in particular the value the purchased item is in a defect-free condition, the significance of the defect and the question must be taken into account as to whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. MyFooties ' right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the case of repair as well as in the case of replacement delivery, the customer is obliged to send the product to the return address provided by MyFooties at the expense of MyFooties, stating the order number.
(5) If the customer sends the goods in to receive a replacement product, the return of the defective product is based on the following stipulations: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer has the value of the amount withdrawn to reimburse usage. The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect giving rise to withdrawal only became apparent during processing or redesign,
b) if MyFooties is responsible for the deterioration or loss or the damage would also have occurred at MyFooties ,
c) if the deterioration or loss occurred on the part of the customer, even though the customer had observed the care that he usually applies in his own affairs.
(6) The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions.
(7) The customer can, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not result in the product being in a condition that complies with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) MyFooties ' statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the event of slight negligence , MyFooties is only liable for the violation of essential contractual obligations and is limited to foreseeable damage. This restriction does not apply to injury to life, body or health. MyFooties is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of MyFooties ' fault, MyFooties ' liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by MyFooties .
(3) MyFooties is also responsible for the impossibility of delivery that occurs accidentally during the delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of MyFooties ' legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and MyFooties is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory regulations of the country in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is:
MyFooties
Dispute resolution
General information requirements for alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
