AGB

AGB

§ 1 Scope of application

The company El' K Pony UG, "Katy Mercury", represented by the owner Katharina Hermes, c.o COSALUX Haus 9, Christian-Pless-Str. 11-13, D-63069 Offenbach am Main operates an online store at the Internet address https://katy-mercury.com, through which styling heels for stilettos are offered for sale. These General Terms and Conditions (hereinafter referred to as GTC) apply exclusively to the business relationship in the Katy Mercury Online Store between Katy Mercury and the customer. The version valid at the time of the order is applicable. Katy Mercury does not recognise any deviating terms and conditions of the customer, unless Katy Mercury has expressly agreed to their validity in writing.

§ 2 Contractual partner

The contractual partner is Katy Mercury, Katharina Hermes (El' K Pony UG)

§ 3 Conclusion of contract

Katy Mercury offers goods on the Internet. These can be purchased by the customer via the Katy Mercury website, unless otherwise stated in the item description. The presentation of products in the Katy Mercury Online Store does not constitute a binding offer. It is subject to change and non-binding.
Your order by telephone or e-mail constitutes an offer to us to conclude a purchase contract. After receipt of your order, we will send you a confirmation e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but merely informs you that we have received your order. A purchase contract is only concluded when the ordered product is dispatched to you or the dispatch to you is confirmed with a second e-mail (dispatch confirmation). The prices at the time of the order apply. All prices include the statutory value added tax plus any shipping costs incurred.
Please note that we sell all products only in household quantities. This applies both to the number of products ordered as part of one order and to the placement of multiple orders of the same product where the individual orders comprise a household quantity.

§ 4 Right of withdrawal

The right of withdrawal applies exclusively to consumers in accordance with § 13 BGB. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.

RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.To exercise your right of cancellation, you must inform us, Katy Mercury, Katharina Hermes, c.o COSALUX Haus 9, Christian-Pless-Str. 11-13, D-63069 Offenbach am Main; fax: 49 (0) 69 860 07 22 610, e-mail: info@heelbopps.com, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). 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.

CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy

§ 5 Return and taking back of the goods

Within a period of 14 days after delivery of your goods, you have the option to return or exchange any items received. However, this right only applies to unworn and faultless goods. An exchange can only be made for the same item in a different colour. All documents that may be helpful to you in returning the goods will be enclosed with your consignment of goods.
The buyer shall bear the costs of the return shipment.The goods may only be returned using the shipping service provider that delivered the parcel (DHL), whereby the consignment note or label in the parcel must be used. All documents that may be helpful for your return are enclosed with your parcel. Please note that we can only accept returns from the country of delivery. For example, if the delivery was made to Austria, the return shipment may only be made from Austria. The return must be sent to: Katy Mercury, C/o: Cosalux, Christian Press Str. 11-13 (Haus 9), D-63069 Offenbach If you have any questions about your right of return, please contact us:
E-mail: info@katy-mercury Phone: +49 (0) 698600722623 Fax: +49 (0) 69 860 07 22 610
This voluntary right of return does not limit your statutory rights and therefore does not limit your right of withdrawal as set out above.

§ 6 Delivery, shipping costs

HEELBOPPS ships its products both nationally and internationally via DHL. However, Katy Mercury reserves the right to choose its own logistics partner. Unless otherwise agreed, delivery will be made from Katy Mercury's warehouse to the delivery address specified by the customer. Katy Mercury is entitled to make partial deliveries if this is reasonable for the customer. If a purchase contract has been concluded in accordance with the above provisions, the goods will be delivered to the customer within 5 to 7 working days after conclusion of the purchase contract. If the delivery time is longer than 14 days, the customer can withdraw from the contract and, if he has already paid, will receive his money back immediately. We reserve the right to offer delivery times for certain goods, which are agreed individually with the customer in each case.
If Katy Mercury is unable to deliver the ordered goods through no fault of its own, e.g. because Katy Mercury's supplier does not fulfil its contractual obligations, Katy Mercury is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The statutory claims of the customer remain unaffected. In the event of non-delivery, the customer will receive his money back immediately if he has already paid.
The shipping costs are € 5.90 per order as DHL standard within Germany and € 10.90 for DHL express shipping within Germany. Express shipments may not be feasible for certain items in deviation from the shop functionalities. If, in exceptional cases, higher shipping costs are incurred for individual items, these will be shown separately and invoiced when the order is placed. These are to be borne by the customer.Should a shipment be made in several deliveries for logistical reasons, the shipping costs will only be charged once.

§ 7 Due date and payment, default

The orderer can pay the purchase price by prepayment via Paypal. The choice of payment method is made by the customer. Payment by sending cash or cheques is not possible. HEELBOPPS accepts no liability for loss.

 

§ 8 Special features of the purchase

Orders are only possible for consumers over 18 years of age.

§ 9 Retention of title

The delivered goods remain the property of Katy Mercury until full payment has been received.

§ 10 Set-off, retention

The customer is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed by Katy Mercury. Furthermore, he is only authorised to exercise a right of retention to the extent that his counterclaim is based on
is based on the same contractual relationship.

§ 11 Liability for defects

If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the purchaser is excluded.Unless otherwise stated below, any further claims of the customer, regardless of the legal grounds, are excluded. Katy Mercury is therefore not liable for damages that have not occurred to the delivery item itself; in particular, Katy Mercury is not liable for loss of profit or for other financial losses of the customer. Insofar as Katy Mercury's contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence or in the event of personal injury. Furthermore, it shall not apply if the Customer asserts claims regulated by law.If HEELBOPPS negligently breaches a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the damage typically incurred.If subsequent fulfilment is effected by means of a replacement delivery, the customer is obliged to return the goods first delivered to Katy Mercury within 30 days at Katy Mercury's expense. The defective goods must be returned in accordance with the statutory provisions. Katy Mercury reserves the right to claim damages under the statutory conditions. The limitation period is twenty-four months, calculated from the date of delivery

§ 12 Warranty

The statutory provisions apply.

§ 13 Copyright

All rights reserved. The content and structure of the Katy Mercury website are protected by copyright and other protective laws. Unless otherwise indicated, all trademarks in the Katy Mercury Online Store are protected by trademark law. This applies in particular to Katy Mercury trademarks, company logos and emblems. Modification of these pages is not permitted.

§ 14 Data protection

You will be asked for personal data during the ordering process. This data will only be stored and processed to the extent necessary to provide you with personalised support and the information you have requested. Katy Mercury guarantees that your details will be treated confidentially in accordance with the applicable data protection regulations. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Information we receive from you helps us to personalise and continually improve your shopping experience at the Katy Mercury Online Store. We use this information for the processing of orders, the delivery of goods and the provision of services, as well as the processing of payment and for necessary checks.

§ 15 Final provisions

Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provisions. Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, Frankfurt am Main shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Note Wherever only male personal designations have been chosen, this has only been done for reasons of reader-friendliness. All designations refer to both genders.