Terms and Conditions

General Terms and Conditions (GTC) of Smartfoot Shoes GmbH

1. Scope

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contracting parties, conclusion of contract

The purchase contract is concluded with Smartfoot Shoes GmbH. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted. When the contract with us is concluded depends on the payment method you have chosen:

• Klarna invoice: We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
• Credit card: When you place your order, you also send us your credit card details. After you have been identified as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.
• PayPal, PayPal Express: During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
• Sofort by Klarna: After placing your order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.
• Amazon Pay: During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online shop where you can complete the ordering process. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language available for concluding the contract is German. We save the contract text and send you the order data and our general terms and conditions by email. You can view the contract text in our customer login.

4. Delivery conditions / shipping

Deliveries are possible to delivery addresses within Germany, Austria, France, Italy, the Netherlands, Belgium, Switzerland and Liechtenstein. Shipping within Germany is free from €39, to Austria from €49. Shipping costs for delivery to France, Italy, Belgium or the Netherlands are €5.90. Shipping costs for delivery to a Swiss address or to Liechtenstein are CHF6. Orders are delivered exclusively via post.

If the item is reshipped due to an incorrect address provided by the buyer, we reserve the right to subsequently charge a flat rate for shipping costs. The flat rate is €2.90 / CHF6.00. It is the buyer's responsibility to check all information before completing the order process.

5. Payment

In our shop you can generally use the following payment methods:

• Credit card: When you place your order, you also send us your credit card details. After you have been identified as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.
• PayPal, PayPal Express: During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
• Sofort by Klarna: After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that is activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will then be carried out by Sofort immediately and your account will be debited.
• Amazon Pay: During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to complete the ordering process and pay the invoice amount via Amazon, you must be registered there or register first and authenticate yourself with your access data. There you can select the delivery address and payment method stored by Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online shop where you can complete the ordering process. Immediately after the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.
• Purchase on account via Klarna: In cooperation with Klarna AB ( www.klarna.de ), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here: Klarna terms and conditions .

6. Retention of title

The goods remain our property until full payment has been made.

7. Transport damage

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer immediately and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

8. Warranty and Guarantees

8. warranty and guarantees

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

Guarantee : Depending on the use and stress on the soles, the lifespan of our products is 6-12 months if you use at least 2 pairs of soles alternately as we recommend. As with other everyday items (shirt, trousers, etc.), wear and tear over time is unavoidable. In the case of Smartfoot soles, the top layer on some of the sole's studs may begin to peel off due to normal use, but this does not affect their function. The stimulating function of the Smartfoot sole is only affected when the studs have become very worn and lose their shape, which is usually the case after 6-12 months. However, if an unusual problem occurs within the first 6 months of purchase that cannot be explained by improper use, this is covered by our guarantee conditions. In this case, which is unlikely in our experience, you are welcome to return your faulty Smartfoot sole to us and we will send you a replacement. In unclear cases, Smartfoot will endeavour to find an accommodating way to settle the matter.

Customer service: You can reach our customer service for questions, complaints and objections by email at info@smartfoot.de

9. Statutory Right of Withdrawal

Information on the statutory right of cancellation can be found here . The statutory right of cancellation is unavoidable for both parties. This applies with priority and for 14 working days from the delivery date.

Incorrectly sent returns: We are not liable for the loss, destruction, depreciation or damage of incorrectly sent returns that are not our products, regardless of the legal basis.

10. Contractual right of return

The buyer has the statutory right of withdrawal.

11. Undeliverable delivery

If your order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. In this case, we will assume that you wish to withdraw from the contract, which will then automatically be converted into a return obligation. As a result, we will immediately, but no later than 14 days after withdrawal, refund all payments received from you, excluding shipping costs (with the exception of additional costs resulting from the fact that you have chosen a shipping method other than the standard shipping method offered by us).

12. Discounts, discount codes & Smartfoot gift cards

Discounts & discount codes Usability: Each discount code can only be used once per purchase and per customer. Only one discount code can be used per order. It is not possible to combine different discount codes. It is not possible to combine bundles and discount codes. If a discount code is applied to an already reduced offer price (larger packaging unit / bundle), the discount will be deducted from the individual price. Cash payment of discount codes is not possible, nor is any other offsetting or refund of the monetary value of a discount code. Discount codes issued to the customer cannot be resold and assignment is not permitted. The discount codes are only valid for the Smartfoot online shop ( https://smartfoot.de ).

Validity: The discount codes are only valid for a limited period of time. The discount codes become invalid after the date stated on the discount code. An extension is not possible.

Minimum order value: A minimum order value is always stated in the detailed information of the respective discount code. If the minimum order value is subsequently undercut by returning the corresponding item, Smartfoot reserves the right to invoice the difference between the order with the discount code and the order without the discount code. Discount codes that are issued when you sign up for the newsletter are valid for a minimum order value of €19.99.

Return of items: If you exercise your right of cancellation or return the goods for other reasons, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount code or to a new discount code.

Settlement for multiple items: If an order to which a discount code is applied consists of several items (shopping cart discount), Smartfoot reserves the right to divide the discounted amount between one or several items.

Failure to fulfill an order or delivery: If the order or individual items to which the discount code referred are not fulfilled, there is no entitlement to a refund of the value of the discount code or to a new discount code.

Discount codes from third parties: The redemption of discount codes, vouchers or other bonus systems from third parties, such as Miles&More, PayPal, PayBack, Otto.de or Amazon, is not valid. We are not responsible for the timeliness of offers or discount codes on third-party websites.

Smartfoot Gift Cards Usability: The Smartfoot Gift Cards can be purchased via the online shop. These have a value of €25.00 or €50.00, which can be determined before the purchase is completed. The Gift Cards are only valid for the Smartfoot online shop ( https://smartfoot.de ).

Validity: All Smartfoot Gift Cards are valid for three years from the date of purchase. They can be redeemed on all products in the online shop. There is no minimum order value.

Return of items: The right of return remains unaffected. The specified terms and conditions apply. If a product is returned or refunded, the amount owed will be credited back to the voucher. Payment of the amount to any other means of payment than the voucher is not possible.

Return of the voucher / Smartfoot Gift Card: A return, for example in the form of 2x 25€ gift cards, is not possible. A cash payment of the full or remaining amount is also not possible.

13. Liability

The above restrictions and shortened deadlines do not apply to claims based on damages caused by us, our legal representatives or vicarious agents. In this case, we are always liable without limitation:

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

14. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: Online Dispute Resolution. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Smartfoot Shoes GmbH
Dockenhudener Straße 27
22587 Hamburg
E-Mail: info@smartfoot.de