A. General Terms and Conditions of the Shoepassion GmbH

"NOTICE: Please find below the General Terms and Conditions for customers having their habitual residence outside of the Federal Republic of Germany. Customers having their habitual residence within the Federal Republic of Germany will find the respective applicable Terms and conditions here."

1. Scope of application and Provider

Our following general terms and conditions (GTC) apply for all orders of goods, made by a consumer via the online-shop of the

SHOEPASSION.com
Shoepassion GmbH
Ackerstraße 23-26
10115 Berlin
Germany

hereinafter referred to as "SHOEPASSION".

The following GTC in their respective current version at the time of the order do always and with no exception shall be applicable for all shippings and performances by SHOEPASSION.

Individual contractual agreements have priority over these GTC. General terms and conditions which are in deviation from and/or are in conflict with and/or are complementing these GTC will not become part of the agreement, if not expressly agreed in their validity.

A consumer in terms of § 13 German Civil Code (13 BGB) and according the following GTC means every natural person who enters into a legal transaction for a purpose that can be attributed mainly neither commercial nor their independent vocational activity.

The following GTC in their respective current version at the time of the order do always and with no exception shall be applicable for all shippings and performances by SHOEPASSION.

Individual contractual agreements have priority over these GTC. General terms and condi-tions which are in deviation from and/or are in conflict with and/or are complementing the-se GTC will not become part of the agreement, if not expressly agreed in their validity.

The GTC shall be applicable for all shippings to the countries named in section 6. You will receive the following GTC additionally with the e-mail confirming your order.

2. Conclusion of contract

By ordering via the website the customer does make a binding offer to enter into a contract regarding the merchandise individually indicated by him. SHOEPASSION only sells to end consumers for private use only in small amounts suitable for an average household. The contractual language shall be English.

We receive your orders automatically by our shop system. The receipt of the order will always be confirmed immediately. We ask you to notice that the mostly automatically generated confirmation of receipt itself does not already mean an acceptance of the order, but only indicates that we have received the order and it will be processed. Because of this we will accept your order separately, however, for reasons of simplification and quickening, we reserve to combine the acceptance with the confirmation of receipt meaning that in this case you will receive both declarations simultaneously.

We are entitled to accept your order and herewith your offer within 5 days (from Monday to Friday, excluding public and religious holidays) by sending the ordered merchandise within this period and to accept your offer by doing so.

To provide a better and safer proceeding it is necessary that all data provided by both par-ties are correct. We like to ask you to double-check thoroughly all data of your order before transmission. That is the only way to avoid largely errors, that possibility may not recog-nized by our system.

The GTC are certainly available to be printed out.

Were are entitled to avoid our declaration, if our order confirmation contains typographical or printed errors or if the representation or determination of our product prices in our web-site have technical transmission errors. In the case of avoidance we have to prove our er-ror. We will refund all payments immediately which have possibly been already made by you.

3. Saving of and access to the wording of the contract

We save the wording of the contract and send you all order data and the GTC via e-mail. The GTC can be reviewed here at any time. You can review your previous orders in our account Log-in-area. If you are not registered with us your order data are not accessible via the internet any longer due to safety reasons.

4. Shipment and reservation of self-supply

The shipment of the merchandise will be carried out to all countries named in section 6. In the event not all of the ordered goods are on hand, we are entitled to perform the delivery in instalments on our costs, as far as the delivery in instalments are reasonable for you.

We expressly reserve the right to resign from the contract, if we are not capable without any fault of our part to ship the ordered merchandise because our supplier does not meet its contractual obligations. In such an event we will inform you immediately that the mer-chandise is not available and will refund immediately all payments which have possibly been already made by you.

5. Reservation of title

Ownership of the merchandise will not pass to the purchaser until payment is made in full.

Any pledging, transfer by way of security, processing or deformation is not allowed without our expressive consent.

6. Shipment and payment

All prices shown contain the statutory VAT as well as all other price components without the respective shipping costs.

An updating of our web page will invalidate all previous prices and other declarations. Only the respective version effective in the time of the order shall be decisive.

All shipments with a value less than 149 USD are charged with 30 USD shipping costs. The shipments with a value of 149 USD or more therefore apply for a free shipment.

The payment of the merchandise ordered with us will be by PayPal, or credit card. We like to notice that we will debit your account or your credit card immediately after the receipt of order.

In the event of a return debit note, resulting from your fault, we charge a service fee of 10,00 USD. You are certainly able anytime to proof that the charges were lower in the re-spective individual case. In this event you are only obliged to pay the lower sum.

In the event of an unauthorized denial of acceptance of the merchandise shipped by us, we will charge the occurring costs, however at least 10,00 USD . Our right to demand per-formance of the contract remains unaffected. You are certainly able anytime to proof that the charges were lower in the respective individual case. In this event you are only obliged to pay the lower sum.

If in the event of a delay of shipment because of a so called force majeure, war, strike af-fecting one of our suppliers or a natural disaster, we reserve the right to ship the merchan-dise as soon as this cause ceases to exist.

You are only entitled to offset claims if your counterclaim has finally established by court, is undisputed or accepted by us in writing.

You are only entitled to exercise your right of retention if the existing counterclaim results in the same contractual relationship. If that is not the case, such right of retention to be exercised by you is regarded as excluded.

7. Right of withdrawal for consumers

Consumers have the right of withdrawal for 30 days at a purchase of goods. A consumer in terms of § 13 German Civil Code (13 BGB) and according the following GTC means every natural person who enters into a legal transaction for a purpose that can be attributed mainly neither commercial nor their independent vocational activity.

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us

SHOEPASSION.com
Shoepassion GmbH
Ackerstraße 23-26
10115 Berlin
Germany

E-Mail: service@shoepassion.com
Tel: 0049 (0) 30 / 6098370-35
Fax: 0049 (0) 30 / 6098370-11

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (if you paid any and with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. For the US customers, the returns are free of charge if you use the return label provided by customer service. To receive a label, please e-mail us at service@shoepassion.com. If you send your return as a »carriage forward« or prepaid package and fail to label it with our return label, you will be responsible for the return shipping costs and will be billed for it. If you are not living in the US, please send us the return at your own cost.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of withdrawal instructions

8. Agreement about the exercise of the right of withdrawal by consumer

Consumers in terms of § 13 BGB (German Civil Code) have the opportunity to exercise their right of withdrawal in distance contracts by returning the goods. For the effective and timely exercise of the right of withdrawal within the withdrawal period of 14 days the consumer is obliged to ensure that the goods are expressly marked, so that we are able to recognize the return goods as a withdrawal. If the consumer returns several goods, he is obliged to expressly mark the goods which shall to be covered by the right of withdrawal. If there is no labeling of goods the right of withdrawal is not effective and has not been exercised within the withdrawal period regarding this goods.

9. Warranty

The statutory provisions of warranty are applicable.

10. Privacy terms

The data processing by SHOEPASSION will be exercised in consideration of the effective Bundesdatenschutzgesetz (BDSG) – German federal data processing act- as well as the Telemediengesetz (TMG) – German federal telemedia act-. Apart from that we refer to the data privacy statement.

11. Liability

Our liability is limited to wilful intent or gross negligence. Our liability for damages is limited to typical foreseeable-occurring damages in comparable cases if the duty attributable to SHOEPASSION is because of simple negligence and a breach of a material contractual obligation (obligation, whose fulfilment mainly facilitates the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and the observance of which you as a client regularly rely on). In the event of injury to life, health or body, SHOEPASSION shall be liable pursuant to the statutory provisions.

A liability according to the provisions of the Produkhaftungsgesetz (German product liabil-ity act) remains unaffected. Apart from that a further liability is excluded.

12. Final provisions

German law applies for the execution of contract and the contract execution process of all contracts.

This only applies if and to the extend that it would not deprive the customer of the protection granted by mandatory legal provisions under the laws of that country in which the customer usually re-sides.

The provisions of the UN Convention on Contracts for the International Sale of Goods do expressly not apply here.

Should one or more provisions of the present GTC become invalid, the contract as a whole shall not be affected. The provision rendered invalid shall be replaced by the effective statutory rule.

B. Information requirements for distance contracts

1. Information about the essential characteristics of the goods

The essential characteristics of the goods offered by us can be found in the product descriptions on the product overview pages and the information and representations on the product detail pages. If you have inserted goods in the virtual shopping cart, you can get an overview of the goods and features until you dispatch your order.

2. Information about the identity of the company and contact information (including phone number)

SHOEPASSION.com
Shoepassion GmbH
Ackerstraße 23-26
10115 Berlin
Germany
E-Mail: service@shoepassion.com
Tel: 0049 (0) 30 / 6098370-35
Fax: 0049 (0) 30 / 6098370-11

Authorized representatives:
Tim Keding, Björn Henning
USt-ID: DE 263259400

3. Information about total costs and pricing as well as shipping costs

The information about the total price and the price calculation can be experienced during the ordering process and even after inserting goods in the virtual shopping cart. Therefore you have to click on icon labeled "Shopping cart".

4. Information about costs for using distance communication to enter a contract

For using our online offer and making an order no additional costs beyond those for using your internet connection incurred.

5. Information about payment, delivery, performance, date of service delivery and complaint procedures

5.1 Terms of Payment

The payment terms are outlined in § 6 of the GTC.

5.2 Delivery and Service (see above).

The delivery and service conditions are outlined in §§ 3, 4 and 5 of the GTC (see above).

5.3 Appointment of service delivery

5 to 12 business days (from Monday to Friday, excluding public and religious holidays) after sending the order or after issuing the payment order to the remitting bank.

6. Information about the existence of a statutory warranty for defects

The statutory warranty provisions apply.

7. Information about the existence and the conditions of service and customer service

We offer you the opportunity to reach our customer service via the following contact options:

E-Mail: service@shoepassion.com
Tel: 0049 (0) 30 / 609837035 (Monday to Friday from 9:00 am. to 7:00 pm CET., excluding public and religious holidays)
Fax: 0049 (0) 30 / 6098370-11

The following services will be provided by our customer services:
• Responding to customer inquiries
• Order Entry and acceptance of orders
• Order processing
• Information on delivery
• occasions of returns

All of our services are provided free of charge.

8. Information about existing supply limitations and provided payment instruments

8.1

For our goods the following shipping restrictions apply:
• Delivered in small amounts suitable for an average household
• Delivery area is stated in § 6 of the GTC

8.2

The following payment methods are available:

Debit, Credit card and PayPal

C. Information requirements for electronic commerce

1. Information about the conclusion of a contract

The contract between the seller and the buyer shall be in accordance with § 2 of the GTC provided by the seller (see above).

2. Information about the technical steps for the conclusion of the contract

The conclusion of the contract is made by offer and acceptance.

2.1 Procedure of an order / offer by customer

If the customer finds a product in the offer provided by the seller that corresponds to his interests, he can add this product to the virtual shopping cart. If the customer wants to view the product in the virtual shopping cart, he can click the "View Shopping Cart" at any time. If the customer does not want to order any longer goods, he can click "Update basket" after changing the commodity number in the input field "Quantity" by clicking on the button to remove from the virtual shopping cart or by achieving the desired number of goods. After goods were placed in the virtual shopping cart, the customer has to enter his data. The seller has marked the input fields accordingly in which the customer has to give his compelling information for proper processing of the order.

2.2 Acceptance by the seller

Acceptance of the offer provided by the customer is made by the seller in accordance with § 2 of the GTC of the seller (see above).

3. Information about the storage of the contract and accessibility by the customer

The contract text is stored in the online shop provided by the seller. The GTC can always be viewed by the customer on the aforementioned online shop provided by the seller. The data of each order and the GTC will be automatically sent to the customer via e-mail. After the customer has completed the order, the data is no longer accessible via the Internet.

4. Information about technical instruments for identifying and correcting input errors

The customer may correct his information at any time. This applies to the number of the ordered goods as well as for the selected goods itself. For this purpose the customer may change its data via mouse or keyboard and remove goods from the virtual shopping cart as well as increase the number of the goods. Furthermore all information of the order will be provided to the customer before the order is completed, so that the customer has the possibility of correction.

5. Information about the languages for the contract conclusion

For the conclusion of contracts exclusively the German language is applicable.

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