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(1) Hezo Sports GmbH (hereinafter “HEZO SPORTS”) operates and provides the internet platform hezo-cycling.com, on which customers can purchase custom-made cycling shoes and other product accessories for cycling.
(2) The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between HEZO SPORTS and its customers (hereinafter referred to as “CUSTOMER”) who purchase goods as consumers or entrepreneurs via the platform.
(3) These General Terms and Conditions apply exclusively. Any deviating, conflicting or supplementary General Terms and Conditions of the CUSTOMER shall only become part of the contract if and to the extent that their validity has been expressly agreed to by HEZO SPORTS.
(4) A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or his independent professional activity.
(1) The product presentations in the HEZO SPORTS online shop represent purchase offers to the CUSTOMER. By clicking the button “Buy now” at the end of the ordering process, the CUSTOMER accepts this offer bindingly.
(2) In order to order the personalized cycling shoes, the CUSTOMER must download the HEZO SPORTS APP to create a foot scan. NOTE: The HEZO SPORTS APP only works with an Apple iPhone with IOS version 1.1.3 or higher. The shoes are personalized using this foot scan. In order for the scan to be assigned to a specific order, the CUSTOMER must enter the same email address in the HEZO SPORTS app that they entered in the online shop when placing their order. It does not matter whether the scan is done first and then the order, or first the order and then the scan.
If a scan can be assigned to an order for personalized cycling shoes, the shoes will be produced. Unless otherwise stated in the online shop during the ordering process, production usually takes place within 4 to 6 weeks after a scan has been assigned to an order.
(3) If the CUSTOMER has provided an email address in the HEZO SPORTS app that cannot be assigned to a specific order, HEZO SPORTS reserves the right to contact the CUSTOMER. This contact via the email address provided by the CUSTOMER serves only the purpose of assigning the scan to a specific order.
(1) HEZO SPORTS delivers free of charge within Germany for orders over €199. For orders under €199, Hezo SPORTS ships insured for a price of €4.99.
(2) Shipping is carried out by DHL (Deutsche Post AG). The goods leave the warehouse five days a week; Saturdays and Sundays are generally not shipped.
(3) If you order only non-personalized items, the goods will usually be dispatched within 5 days of the order being placed, or, in the case of orders containing personalized items, within 5 days of the end of production of the same. At the customer's request, an order containing both personalized and regular products from the HEZO SPORTS online shop can also be dispatched in several partial deliveries so that the CUSTOMER receives the non-personalized products more quickly, provided that he bears the additional costs incurred.
(1) All prices include the applicable statutory sales tax. The tax is shown separately on the invoice.
(2) The prices valid at the time of the order by the CUSTOMER apply. The CUSTOMER can find out the duration of the limited-time offers where they are displayed in the shop.
(3) Payment for the goods can be made using the payment methods suggested during the ordering process and under the conditions specified therein. HEZO SPORTS reserves the right to exclude certain payment methods depending on the result of the verification of the CUSTOMER's data (identity and credit check). In the HEZO SPORTS online shop, the following payment methods are generally available to the CUSTOMER:
(a) Credit card
When placing the order, the CUSTOMER provides his credit card details. After identification as the legitimate cardholder, the payment transaction is carried out automatically and the card is charged.
(b) PayPal, PayPal Express
During the ordering process, the CUSTOMER is redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, the CUSTOMER must be registered there or must first register, authenticate himself with the access data and confirm the payment instruction to HEZO SPORTS.
The payment transaction will be carried out automatically by PayPal immediately afterwards. The CUSTOMER will receive further information during the ordering process.
(c) Apple Pay
In order to pay the invoice amount via Apple Pay, the CUSTOMER must be registered with the service provider Apple, have activated the Apple Pay function, identify themselves with their login data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. The CUSTOMER will receive further information during the ordering process.
(d) Payment by bank transfer
During the ordering process, the CUSTOMER provides his email address, via which he will receive an email from HEZO SPORTS with the details required for the bank transfer after the order has been placed. The transfer must be paid by the CUSTOMER within 2 days.
(4) If the CUSTOMER defaults on payment, HEZO SPORTS reserves the right to charge the CUSTOMER a flat-rate reminder fee of €5.99 for the second and all subsequent reminders, regardless of whether the first reminder was sent to the CUSTOMER by post or email. However, the CUSTOMER is permitted to provide evidence that the damage incurred by HEZO SPORTS is less than the flat-rate fees. In the event of default in payment, the CUSTOMER undertakes to reimburse all costs, expenses and cash outlays incurred by HEZO SPORTS in pursuing its claims. This includes, without prejudice to any obligation to reimburse costs under procedural law, all extrajudicial costs of a commissioned debt collection agency or lawyer.
(5) The CUSTOMER is entitled to assert retention rights against HEZO SPORTS' payment claim, which he is entitled to pursuant to Section 320 of the German Civil Code (BGB) or which otherwise result from the same contractual relationship. The CUSTOMER is not entitled to any other retention rights.
(6) The CUSTOMER is entitled to offset an undisputed or legally established claim against the payment claim of HEZO SPORTS. Furthermore, the CUSTOMER is entitled to offset a claim that results from HEZO SPORTS not fulfilling its obligations or not fulfilling them properly if these obligations are in a performance-consideration relationship with the payment claim against which the offset is to be made. Offsetting is excluded beyond this.
(1) HEZO SPORTS retains title to the delivered goods until
full payment.(2) HEZO SPORTS is entitled to make partial deliveries to the usual extent.
Unless expressly agreed otherwise, the statutory warranty rights apply.
(1) Consumers have a 14-day right of withdrawal. This is governed by the cancellation policy available on the website.
(2) To exercise this right of withdrawal, consumers must inform HEZO SPORTS of their decision to withdraw from the contract by means of a clear declaration (by post, fax or email). Consumers can use the withdrawal form available on the HEZO SPORTS website for this purpose, but this is not mandatory.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us [Hezo Sports GmbH, Sulzbachstraße 20, 66111 Saarbrücken, hello@hezo-cycling.com] by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Hezo Sports GmbH, Sulzbachstraße 20, 66111 Saarbrücken promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
(3) The right of withdrawal does not exist
(4) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.
(1) The language available for concluding the contract is German.
(2) HEZO SPORTS saves the contract text and sends the CUSTOMER the order data and general terms and conditions by email. The CUSTOMER can view past orders in the customer login area.
(1) HEZO SPORTS will observe the applicable data protection regulations, in particular those valid in Germany, and will oblige its employees engaged in connection with the contract and its implementation to maintain data confidentiality, unless they are already generally obliged to do so.
(2) If HEZO SPORTS collects, processes or uses personal data, it guarantees that it is entitled to do so in accordance with the applicable provisions, in particular data protection law.
(3) HEZO SPORTS will only collect and use customer-related data to the extent necessary to implement this contract. The CUSTOMER consents to the collection and use of such data to this extent.
(4) HEZO SPORTS is entitled to pass on the necessary data to third parties if it commissions them to carry out work in relation to the customer order.
(5) For further information, please refer to the Privacy Policy pointed out by HEZO SPORTS
(1) The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
(2) HEZO SPORTS is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(1) German law applies exclusively, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
(3) There are no oral or written side agreements.
(4) 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 HEZO SPORTS is the registered office of HEZO SPORTS.
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