Terms of service
§ 1 Scope
(1) The following terms and conditions apply to contracts that you conclude with us, Schuhmanufaktur Hackner e.K., owner Mr. Friedrich Hackner, Zwingerstraße 5, 91161 Hilpoltstein, Germany, as the provider via our website https://www.schuhmanufaktur-hackner.de. Any deviating general terms and conditions of the customer shall not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of the contract
(1) The ordering process for concluding a contract in our shop system comprises the following steps: selecting the product in the desired specification, placing the offer in the shopping cart, clicking on the “Checkout” button, entering the billing and delivery address, selecting the payment method, reviewing and processing the order and all entries, clicking on the “Buy” button. By submitting the order, the customer confirms that they have read and understood the General Terms and Conditions, the Privacy Policy, and the Right of Withdrawal.
(2) The customer can correct input errors during the ordering process at any time using the usual keyboard and mouse functions. Before finally submitting an order, they can check their details again and correct them on the previous page by clicking the “Back” button on their browser.
(3) The provider then sends the customer an order confirmation by email, in which the customer's order is listed again and which the customer can print out using the “Print” function. This order confirmation constitutes acceptance of the order and contains the order data, the information required by law for distance contracts, and the General Terms and Conditions. The complete text of the contract is not stored by the provider.
§ 3 Production, delivery, availability of goods
(1) The production and delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. For first-time orders, this is based on the receipt of the measuring kit by us. For details, please refer to the order confirmation and the “Shipping costs, delivery times & countries” button on our website and the respective product pages.
(2) If no copies of the product selected by the customer are available or can be manufactured at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable or cannot be manufactured, the provider will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable or cannot be manufactured, the provider will also inform the customer of this immediately in the order confirmation.
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax for customers from EU countries. For customers from non-EU countries, the prices displayed are net prices.
(2) Please refer to the “Shipping costs, delivery times & countries” button on our website for shipping costs. These also appear on the overview page of your order, which appears after you have confirmed the “Checkout” button.
(3) For deliveries outside the EU, import duties, taxes, or fees may apply, which are to be borne by the recipient in the destination country. Details can also be found under the “Shipping Costs, Delivery Times & Countries” button.
(4) The goods are shipped by mail. The supplier bears the shipping risk if the customer is a consumer.
(5) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
§ 6 Payment methods
(1) The customer can make payment in advance, via PayPal, Mastercard, Visa, Amex, UnionPay, Google Pay, Apple Pay, Klarna, and Shop Pay.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
(2) For entrepreneurs, the warranty period for goods delivered by the provider is 12 months. The above limitation does not apply to claims for damages by the customer arising from injury to life, limb, or health, other damages caused by gross negligence, if the provider has fraudulently concealed the defect and/or has assumed a guarantee for the quality of the goods.
(3) A guarantee exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims for damages by the customer are excluded. This does not apply to 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. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
Consumers have a statutory right of withdrawal when concluding a distance selling transaction. This does not apply to goods that are not prefabricated and for whose manufacture an individual selection or determination by the customer is decisive, or to contracts that are clearly tailored to the personal needs of the customer.
For details, please refer to the “Right of Withdrawal” button on the provider's website. There you will also find the sample withdrawal form. In addition, the withdrawal button can be found under the “Withdraw from Contract” button.
§ 10 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) Should individual provisions of this agreement be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Provisions that are not included or are invalid shall be replaced by statutory law. If such statutory law is not available in the respective case (regulatory gap) or would lead to an unacceptable result, the parties shall enter into negotiations to agree on a valid provision that comes as close as possible to the economic purpose of the invalid provision.