Terms Of Service

General Terms and Conditions

These terms and conditions apply to all contracts concluded between

 

(hereinafter referred to as "Supplier" or "we") and our customers (hereinafter referred to as "Customer" or "you") are concluded exclusively using remote means of communication (i.e. e.g. via the Internet or by telephone) in our online store. For contracts that we conclude in our offline store (retail store), the conditions included there apply.

§ 1 Scope of application, definitions

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating conditions and contract offers of the customer are hereby contradicted.

(2) The Customer is a consumer if the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select products from our assortment and collect them in a so-called shopping cart via the button ("Button") "add to cart". By clicking the "Buy" button, the customer makes a binding request to purchase the goods in the shopping cart.

(2) Before submitting the order, the customer can change the data entered by him at any time, view and correct input errors. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and has thereby included them in his application.

(3) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.

The contract is not concluded until we issue the declaration of acceptance, which is sent by a separate e-mail. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract shall be concluded at the event that occurred first in each case. In any case, the customer receives a contract confirmation in text form in accordance with the statutory provisions.

If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, we shall immediately reimburse the customer for any services already rendered.

(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations that may be shown.

(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill its contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such a case, we will immediately inform the customer that the ordered goods are not available. We shall immediately refund any consideration already paid by the customer.

(6) The contract language is German.

(7) Order processing and contact within the scope of contract processing shall generally take place by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of contract-related e-mails.

§ 3 Retention of title

The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which we are entitled have been settled.

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include shipping costs.

(2) The corresponding shipping costs will be named to the customer prior to the conclusion of the contract and are to be borne by the customer, unless free shipping has been agreed upon.

(3) CTBI Trading GmbH is not responsible for any taxes and customs duties that may be incurred when shipping to other EU countries. CTBI Trading GmbH has no control over these. The customer is responsible for the settlement of these taxes and customs duties, which are levied by the responsible customs authority and not by CTBI Trading GmbH. In case of shipment via UPS, customs clearance will be performed by the shipping service provider. UPS will contact the customer in this regard.

§ 5 Payment

(1) The customer can make the payment according to the payment methods provided in the respective offer.

(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days.

(3) The customer must ensure that his account is sufficiently covered. In the event of return debit notes caused by insufficient funds, the customer is obligated to reimburse us for the resulting damage.

(4) The customer's obligation to pay interest on arrears does not preclude the provider from asserting further damages caused by arrears.

(5) The Customer shall only have the right to set-off if its counterclaims have been recognized by us or have been legally established. The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship. 

(6) Purchase on account
In the case of purchase on account, the invoice amount is due for payment to our external partner Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, on the calendar day specified in the invoice (20 or 30 calendar days after the invoice date). The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch. If the customer is allowed to purchase on account for certain offers after a credit check, the payment is processed in cooperation with Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, to which we assign our payment claim. In this case, the customer can only pay Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, with debt-discharging effect. We remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, revocation declarations and deliveries or credit notes, even if the purchase is made on account via Klarna. The General Terms and Conditions of Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, shall apply.

(7) Purchase by direct debit; direct debit authorization; processing fee for returned direct debits

(a) When purchasing by direct debit, the payment amount is immediately due for payment by direct debit by our external partner Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, from the current account specified in the ordering process at the credit institution specified therein (the current account). You hereby revocably authorize Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, to collect the payments to be made by you through the purchase by direct debit from the current account by direct debit. If the current account does not have the required coverage, the account-holding bank is not obligated to honor the payment. Partial redemptions shall not be made by direct debit.
(b) The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, and a current account maintained in Germany. If the customer is allowed to purchase by direct debit for certain offers after a credit check, the payment will be processed in cooperation with Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, to whom we assign our payment claim. In this case the customer can only pay Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, with debt discharging effect. We remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, revocation declarations and deliveries or credit notes even if the purchase is made by direct debit via Klarna. The General Terms and Conditions of Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, apply.

(c) By specifying the current account, you confirm that you are authorized to make direct debits via the relevant current account and that you will ensure that the necessary funds are available. Returned debit notes are associated with a high effort and costs for us and Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch. In case of a return debit note (due to lack of required funds in the current account, due to expiration of the current account or unauthorized objection by the account holder), you authorize Klarna to submit the debit note for the respective due payment obligation one more time. In such a case you are obliged to pay the costs incurred by the return debit note. Further claims are reserved. You will be given the opportunity to prove that lower costs or no costs at all were incurred as a result of the return debit note. In view of the effort and costs involved in return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the reversal of the payment will be made by re-transfer of the corresponding amount or by credit note.

§ 6 Transfer of risk

(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall, according to the law, only pass to the customer upon delivery of the object of purchase to the customer.

(2) Only if the customer acts as an entrepreneur, the following shall apply: Delivery shall be ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).

§ 7 Warranty for material defects, guarantee

(1) The statutory warranty rights for goods shall apply.

(2) Our liability pursuant to § 8 of these GTC, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see the following § 8), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the restrictions of the preceding paragraph 1. The statutory limitation periods for the right of recourse pursuant to § 478 of the German Civil Code (BGB) for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall also remain unaffected.

(3) Claims for defects by merchants shall be subject to the condition that they have complied with their statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB).

(4) A quality or durability guarantee (§ 443 BGB) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.

You can submit any complaints and warranty claims at the address given in the supplier identification.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and those on whose compliance the customer as a contracting party may regularly rely. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(2) The restrictions of the above paragraph 1 shall also apply in favor of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them, as well as mutatis mutandis for claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act and our liability for any guarantees assumed shall remain unaffected.

§ 9 Right of revocation

(1) Consumers are entitled to a statutory right of revocation. You will receive a revocation instruction separately in text form in accordance with the statutory provisions.

(2) Notwithstanding your statutory right of revocation, we grant you a voluntary right of return of 30 days from receipt of the goods. With this right of return, you can also withdraw from the contract after expiry of the 14-day cancellation period (see cancellation policy below) by returning the goods to us within 30 days of receipt (period begins on the day after receipt of the goods).

§ 10 Cancellation and cancellation fee

(1) Cancellation of the order before shipment is possible for consumers within the meaning of § 13 BGB without prejudice.

(2) Cancellation of the order before shipment by entrepreneurs within the meaning of § 14 BGB will be subject to a cancellation fee of 5% of the order amount by the PAGE’Sneakers Store to cover the service costs incurred by our external service providers (in particular the payment service providers). This cancellation fee also applies to mass orders created by an automated computer system ("Bot") which is at PAGE’Sneakers Stores discretion.

§ 11 Contract text

The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. The customer may print out these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with the statutory provisions.

§ 11 Final Provisions

(1) The contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions.

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Status: 30.12.2023

Version: 5.1

All prices include 19% VAT plus shipping costs.