Terms and Conditions US

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 representatives (managing directors): 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 of cancellation/return policy

 

8.1 You have the right to cancel your contract for the purchase of an item within 14 days either in writing (e. g. by mail, facsimile, e-mail) or by sending the item back. The before mentioned 14 days period commences upon your receipt of the item or on your receipt of this information notice, if later. The before mentioned 14 days 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 In the event of a cancellation and/or return of the items you are responsible for the direct costs of return of the items, except where the return is due to the delivery of wrong or defective goods. If you decide to cancel the purchase of any item under Section 8.1 of these GTC and if you fail to return the relevant item in accordance with Section 8 of these GTC, we may charge you our direct cost of recovering the relevant item, and we may deduct that amount from your refund.

 

8.3 Return shipping label service: We may have attached to the items delivered to you a return shipping label which can be used to effect a return to us. If you choose to use the return shipping label, we will charge you a fee of USD 15 for the return, except where the return is due to the delivery of wrong or defective goods. Where you choose to use the return shipping label to return items to us, then we will deduct that fee of USD 15 from the amount that we are due to refund you in respect of the returned items. If you do not agree to pay that fee of USD 15 for this service, then please do not use the return shipping label and return the relevant items by using other fully-paid up modes of shipment. Please note that it may be cheaper for you to send the items to us without using the return shipping label (but by using other fully-paid up modes of shipment), and that you are under no obligation to use the return shipping label.

 

8.4 Returning wrong or defective goods: We will not charge any fee for the use of the return shipping label where the return is made due to the delivery of wrong or defective goods

 

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: 06.03.2014