I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Stefan Enßle Holistic Orthopedics) via the mypodo.de website. Unless otherwise agreed, the inclusion of your own conditions that may have been used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
Subject of the contract is the sale of goods. Made-to-measure insoles are made according to customer specifications. For this purpose, an imprint set is sent to you in advance, in which you leave your personal footprint. After the return, the custom-made insoles will be made according to the footprint you sent.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a purchase contract under the conditions specified in the item description.
(3) The purchase contract is concluded via the online order as follows: The custom-made insoles intended for purchase are ordered via the online form. Enter your personal data in the online order form and pay by invoice. By submitting the form using the "Send form" button, you declare legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 production according to customer specifications (imprint set)
(1) You provide us with the information required for the production of the made-to-measure insoles according to customer specifications in the form of your personal footprint in the imprint sets sent by us in Germany within 5-7 days, in the case of deliveries abroad within 7-15 days of receipt of the imprints by you by sending them back by post.
(2) Our guidelines for the correct procedure when leaving the footprint in the imprint set must be observed. Instructions can be found in the impression set.
(3) We do not check the transmitted footprint for the correctness of your approach when leaving the footprint and, in this respect, assume no liability for errors. We will only contact you prior to the production of the custom-made insoles if there are errors in the transferred print.
(4) When ordering and shipping within Germany, we bear the costs of returning the print set, provided you use the enclosed return label (or return sticker). Otherwise, as well as for international shipments, you bear the costs of the return.
§ 4 Special agreements on the types of payment offered
SEPA core direct debit When paying by SEPA core direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The direct debit is collected within 2-5 days after the conclusion of the contract. The deadline for submitting the pre-notification will be shortened to 2 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the case of a return debit due to your fault, you have to bear the bank fee.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
1) The statutory warranty rights apply. (2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: a) Only our own information and the manufacturer's product description apply to the quality of the item as agreed, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply: • culpably caused damage attributable to us from injury to life, limb or health and other damage caused intentionally or through gross negligence; • as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item; • for items that have been used for a building in accordance with their normal use and have caused its defectiveness; • In the case of legal recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Stefan Enßle Holistic Orthopedics
Kapfstrasse 6th
72172 Sulz aN
Germany
Phone: 07494 8707850
Fax: 07454 8707849
Email: info@mypodo.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not ready to take part in dispute settlement proceedings before consumer arbitration boards.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online order form, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred (Germany) are included in the purchase price. Outside of Germany, see the respective offer, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear. You also have to bear any costs incurred for the transfer of money in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date is your custom-made insole after a maximum of 15 days after receipt of your footprints.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).