TERMS AND CONDITIONS
General Terms and Conditions of
POINTER INTERNATIONAL GMBH
for the online shop on shop.pointerfootwear.com

1. AREA OF VALIDITY/CONTACT DETAILS

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between us, POINTER INTERNATIONAL GMBH, and you as our customer via our online shop on shop.pointerfootwear.com (hereinafter referred to as “online shop“).
1.2 Divergent, contradictory or supplementary terms and conditions of yours shall become part of the contract only if expressly accepted in writing by us. Our mere knowledge of your terms and conditions shall not make them part of the contract.
1.3 The version of the GTC which is valid when the contract is concluded shall apply.
1.4 Our contact details are as follows:

Pointer International GmbH
Hegenheimer Strasse 16
79576 Weil am Rhein / Germany
Telephone: +49 (0)7621 966 6
Fax: +49 (0)7621 422 398 555
Email: help@pointerfootwear.com

Authorized representative (managing director): David Solk
Commercial register of the Local Court of Freiburg no. HRB 712312

2. ELIGIBLE CUSTOMERS, DESTINATIONS AND ORDER QUANTITIES

2.1 You may place orders in the online shop only if you act as a consumer, and therefore not if you act, for example, as an entrepreneur or within the course of an activity as a self-employed person.
2.2 We only accept such orders which request delivery to the following countries: Germany, France (except Ile de La Réunion), Switzerland, Liechtenstein, Great Britain, The Netherlands, Belgium, Luxembourg, Austria, United States of America, Italy, Spain (except Canaries Islands, Ceuta, Melilla).
2.3 Furthermore, we only accept such orders which request the delivery of consumer typical quantities.

3. CONCLUSION OF CONTRACT AND DETAILS REGARDING THE ORDERING PROCESS

3.1 The presentation and promotion of items in the online shop does not constitute a binding offer for the sale of certain items.
3.2 Any of your orders submitted via the online shop shall constitute a legally binding order.
3.3 A purchase contract is not yet concluded by the submission of your order. First you will receive from us a confirmation of receipt of your order by e-mail; this confirmation is also not a legally binding acceptance of your order. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item or until conclusion of the contract is implied by delivery of the item through Pointer International GmbH. Pointer International GmbH reserves the right to not accept any of your orders, in particular, if the items ordered by you are subject to limited availability.

4. PRICES AND SHIPPING COSTS

4.1 Unless marked otherwise, all prices indicated in the online shop are gross prices including applicable sales tax. Shipping costs will be added where relevant and must be borne by you.
4.2 The shipping costs applicable to your order are indicated in the online shop. The price including sales tax and the shipping costs are also shown on the order form before you submit the order.
4.3 If we fulfil your order in accordance with Section 6 of these GTC by partial delivery, you shall bear shipping costs only for the first shipment relating to such partial delivery. To the extent partial deliveries take place at your request, we may charge shipping costs for any shipping relating to such request.

5. TERMS OF PAYMENT AND OFFSETTING

5.1 You may use the methods of payment which are shown in our online shop.
5.2 You may only offset such claims against our claims as are legally acknowledged, ready for decision or undisputed.

6. PARTIAL DELIVERIES

We are entitled to make partial deliveries, unless such partial deliveries are deemed unreasonable to you.

7. RESERVATION OF SELF-SUPPLY AND RETENTION OF TITLE

7.1 If we cannot or cannot punctually deliver an ordered item after conclusion of a contract with you, although we entered into a purchase agreement with a supplier before we concluded the contract with you, we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.
7.2 The items delivered shall remain our property until complete payment of the purchase price.

8. RIGHT TO CANCEL THE CONTRACT / CONSEQUENCES OF CANCELLATION

8.1 Right to cancel the contract

You are entitled to cancel the contract within two weeks in text form (e.g. letter, fax, e-mail) without giving a reason or, in the event that you received the item before the expiry of this period, by returning the item. The before mentioned two weeks period shall commence after receipt of this notification in text form, however not before receipt of the goods by the recipient (in the event of recurring delivery of similar goods, not before receipt of the first partial delivery thereof) and not prior to us having fulfilled our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 Subsection 1 and Subsection 2 of the Introductory Act of the German Civil Code (EGBGB) as well as our obligations pursuant to Section 312g Subsection 1 Sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 EGBGB. The before mentioned two weeks period shall be deemed observed if the item is returned or notice of cancellation is given within that period.

If the cancellation is effected by letter, the letter must be sent to the following address:

Pointer International GmbH
Hegenheimer Strasse 16
79576 Weil am Rhein / Germany

If the cancellation is effected by returning the item, the item must be sent to the following address:

Pointer International GmbH
B2C-Retoure
Rebgartenweg 6
79576 Weil am Rhein / Germany

If the cancellation is effected by fax, the fax must be sent to the following fax number: +49 (0)7621 422 398 555

If the cancellation is effected by e-mail, the e-mail must be sent to the following e-mail address: help@pointerfootwear.com

8.2 Consequences of cancellation

In the event of a valid cancellation, both parties must return the received goods, services or payments as well as any derived benefits (e.g. interest). If you are unable to return the services or goods received in whole or in part, or if you can only return them in a deteriorated condition, you shall be liable to pay us compensation accordingly.

Your obligation to pay compensation for deterioration of an item shall only apply to the extent the deterioration of the item is caused by any use of the item which exceeds the proper examination of the quality or functionalities of the item. The “proper examination of the quality or functionalities of the item” shall mean an examination of the respective item as it is possible and common in a retail shop.

Items suitable for delivery by parcel post are to be returned at our risk. The return is free of charge for you if you use the return shipping label attached to the delivered items. If you do not use this return shipping label, the following shall apply with respect to costs for returning: You are obliged to bear the regular costs for returning if (i) the delivered item to be returned conforms to the ordered item and the price of the item to be returned does not exceed an amount of 40.00 Euros or (ii), in case the price of the item to be returned exceeds 40.00 Euros, you have, upon cancellation, not yet performed payment or an contractually agreed installment; otherwise, the return shall be free of charge for you.

Items which cannot be sent by parcel post shall be picked up at your premises.

Obligations to reimburse payments must be met within 30 days. This period shall commence for you when you send your notice of cancellation or the item, for us when we receive such notice or item.

9. DEFECTS OF QUALITY AND TITLE / COLOR VARIATIONS / CARE OF THE DELIVERED ITEMS

9.1 In the event of any defects of quality or title you are entitled to all rights pursuant to the statutory regulations, however with the proviso that the restrictions and exclusions stipulated in Section 10 of these GTC shall apply to damage claims or claims for reimbursement of wasted expenditure.
9.2 Slight color variations between the colors of the items shown on the website and their actual colors may occur for technical reasons.
9.3 Please observe the cleaning and care instructions that are printed on the labels of the delivered items. We are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.

10. LIABILITY

10.1 In all cases of contractual or non-contractual liability, we shall be liable to you for damage caused intentionally or by gross negligence in accordance with the statutory regulations pertaining to compensation for damages or reimbursement of wasted expenditure.
10.2 In other cases we shall be liable – unless stated otherwise in Section 10.3 of these GTC – only in the event of an infringement of a contractual obligation the fulfilment of which makes the proper execution of the contract possible in the first place, and the fulfilment of which you as a customer can regularly rely on (so-called cardinal obligation), namely restricted to compensation of foreseeable and typical damages. Subject to the provision stipulated in Section 10.3 of these GTC, our liability shall be excluded in all other cases.
10.3 Our liability for damages resulting from (I) personal injury, bodily harm or danger to health, (II) product liability as well as (III) guarantees of quality and/or durability shall remain unaffected by the foregoing limitations and exclusions of liability.

11. CUSTOMER SERVICE / SUPPORT

If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, fax, telefone or e-mail using the contact details specified in Section 1.4 of these GTC.

12. APPLICABLE LAW

Any contract between you and us shall be governed by German law; the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If you are habitually resident in a different country than the Federal Republic of Germany at the time of your order, the application of mandatory statutory provisions of that country shall remain unaffected by the applicable law stipulated in the previous sentence.

Version: 06.03.2015