Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(designed4inspiration ) via the www.thermosoles.us website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our product presentations on the Internet are non-binding and do not represent a binding offer for the
conclusion of a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
This involves placing the products that are to be bought in the ‘shopping cart’. You can use the respective
button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’
page has been called up and the respective personal data and payment and shipping conditions have been
entered, all the order data is displayed again on the order overview page. Before the order is sent, you can
re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel
the purchase transaction.
When the order is placed using the “purchase” button, you are considered to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not
yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2
days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement)
regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be
bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We
supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail
address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have
been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security
before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all
the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling
operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question.
However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right
to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we
acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists
between the invoice value of the goods subject to retention of title and the other processed items at the time
of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
§ 4 Warranty
(1) The legal regulations apply.
(2) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the manufacturer
are the only things that represent the properties and condition of the product in question. Other
advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of
the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and
quantitative deviations, and to inform us in writing of apparent defects within a period of 7 days after receipt of
the goods. The term limit shall be considered to have been complied with if a timely dispatch was executed.
This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards).
Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are
not fulfilled.
c) In case of defects, we honour the warranty in a manner of our choosing, i.e. either by rectifying the defects
or delivering a replacement. If the defect rectification procedure fails twice, you can either demand a reduction
or withdraw from the contract. In case of rectification of defects, we do not have to bear the increased costs
that arise as a result of moving the product in question to a location other than the place of delivery, provided
that the movement does not correspond to the intended use of the product.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened warranty
period does not apply in situations involving culpably caused damages that can be attributed to us and which
are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations
involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit
or contribution claims.
§ 5 Liability
(1) We assume full liability for damages associated with loss of life, injuries or health-related damages. We
also assume full liability in all situations involving malice and gross negligence, situations involving fraudulent
concealment of a defect, situations involving the take-over of the guarantee associated with the properties and
condition of the object of purchase, situations involving damages corresponding to the product liability law and
all other legally-regulated situations.
(2) If the situation in question relates to important contractual obligations and involves minor negligence, our
liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual
obligations’ refers to important obligations that follow from the nature of the contract and whose violation
would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the
contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment
makes it possible for the contract to be executed in an orderly manner, and compliance with which may
regularly be taken for granted by you.
(3) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the
situation in question involves violations of obligations associated with light negligence.
(4) The current state of the respective technology makes it impossible to guarantee that data transmission
operations that use the internet will take place in an error-free manner characterised by permanent availability.
In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service
offered on the website.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) US law shall apply. This choice of law only applies to customers if it does not result in the revocation
of the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund
governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for
all services that follow from the business relationships that exist with us. This has no bearing on the capacity
to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
inapplicable.
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II. Customer information
1. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance with § 2 of our standard business terms (part I.).
2. Contractual language, saving the text of the contract
2.1 Contract language shall be English.
2.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping
cart system the contract data can be printed out or electronically saved using the browser’s print function.
After the order is received by us, the order data, the legally-mandated details related to distance selling
contracts and the standard business terms are re-sent to you via e-mail.
3. Main features of the product or service
The main features of the product and/or service can be found in the product description and the
supplementary details appearing on our website.
4. Prices and payment arrangements
4.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They
include all the price components, including all the incidental taxes.
4.2 The purchase price does not contain the incidental shipping costs. They can be retrieved via a
correspondingly-named button on our website, and are declared separately over the course of the ordering
process. They are to be borne by you, unless a delivery that is free of shipping costs has been agreed upon.
4.3 The payment methods that are available to you are specified under a correspondingly-named button on
our website, or in the respective product description.
4.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the
contract that has been concluded become payable immediately.
5. Delivery conditions
5.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a
correspondingly-named button on our website, or in the respective product description.
5.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This condition does not apply if you have
independently commissioned a transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
6. Law associated with liability for defects in goods
6.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our
standard business terms (part I).
6.2 As a user, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty
claims.
These SBTs and customer details were created by the lawyers specialising in IT law.
date: jan 2022
