§ 1 Scope of Application
and Definitions

1.1 These Terms and Conditions
("Terms") apply to all contracts concluded by consumers or businesses
with Felix Horsch, trading as "Felix Horsch Schuhe",
Hohenzollernstraße 12, 70178 Stuttgart, Germany, via the online shop
"Felix Horsch Schuhe".

1.2 A consumer is any natural person who enters
into a legal transaction for purposes that are predominantly outside their
trade, business, or profession. A business is a natural or legal person or a
partnership with legal capacity who, when entering into the contract, acts in
the exercise of their trade, business, or profession.

1.3 Any deviating terms proposed by the
customer shall only apply if we have expressly agreed to them in text form.

§ 2 Contracting Party and
Contact

2.1 The contracting party is Felix Horsch,
trading as "Felix Horsch Schuhe", Hohenzollernstraße 12, 70178
Stuttgart, Germany.

2.2 Contact: E-mail info@horsch-schuhe.de;

2.3 The trading name "Felix Horsch
Schuhe" refers to the sole proprietorship of the owner, Felix Horsch.

§ 3 Product Range,
Product Descriptions and Availability

3.1 The presentation of goods in
the online shop does not, in principle, constitute a legally binding offer, but
rather an invitation to the customer to place an order.

3.2 Product descriptions,
images, and information on dimensions and colour are prepared with reasonable
care. Minor deviations due to technical or production-related factors remain
reserved, provided they are reasonable and do not affect the agreed characteristics
of the goods.

3.3 For shoes, fit and comfort
may vary by brand, last shape, and model despite an identical stated size. Size
information serves as guidance only and does not constitute an independent
guarantee of specific characteristics.

3.4 The availability of an item
is displayed to the best of our knowledge. If an ordered item is exceptionally
unavailable, we will inform the customer without delay and refund any payments
already made.

§ 4 Ordering Process and Conclusion of Contract

4.1 The customer places selected
goods in the shopping cart by clicking the corresponding button. Before
submitting the order, the customer may review and, using the correction
functions provided, amend their entries.

4.2 By clicking the final order
button, which is clearly labelled as involving an obligation to pay, the
customer submits a binding offer to conclude a purchase contract for the goods
contained in the shopping cart.

4.3 The automatic
acknowledgement of receipt merely confirms that the order has been received by
us. The contract is only concluded once we expressly accept the order, dispatch
the goods, or – depending on the payment method selected – initiate the payment
transaction, where this can be understood as acceptance under the
circumstances.

4.4 Where a payment method with
immediate payment confirmation is selected, the contract may already be
concluded upon successful completion of the payment process, provided this is
indicated accordingly at checkout.

4.5 If we are unable to accept
the order, we will inform the customer. Any payments already received will be
refunded without delay.

§ 5 Contract Language, Storage and Access to the Contract Text

5.1 For orders placed via the
German version of the shop, the contract language is German. For orders placed
via an English-language version of the shop, English may be offered as the
contract language.

5.2 We store order data in
accordance with statutory retention obligations. The customer receives the
order data and these Terms on a durable medium, generally by e-mail.

5.3 Where a customer account
exists, the customer may – to the extent technically provided – view past
orders. Permanent accessibility via the customer account is not guaranteed.

§ 6 Prices, Shipping Costs, Taxes and Duties

6.1 The prices stated in the
online shop at the time of the order apply. For deliveries within the European
Union, prices include statutory value added tax, where applicable.

6.2 Shipping costs may apply in
addition to the stated prices. These depend on the destination country,
shipping method, order value, weight, or other criteria shown in the shop and
are displayed before the order is submitted.

6.3 For deliveries to countries
outside the European Union or to special tax territories, import VAT, customs
duties, handling fees, or other public charges may apply. These are generally
borne by the recipient and are not charged by us, unless expressly stated
otherwise at checkout.

6.4 Currency conversions carried
out by payment service providers or card issuers may result in fees or
differing exchange rates. We have no influence over this.

§ 7 Payment Methods and Due Date

7.1 The payment methods actually
available at checkout are decisive. These are generally PayPal, credit card,
Apple Pay, Google Pay, and Klarna payment options excluding purchase on
invoice.

7.2 Where a payment service
provider is involved, its terms and privacy policy apply in addition. The
payment service provider may carry out an identity, credit, or fraud check.

7.3 The purchase price is due
upon conclusion of the contract, unless otherwise specified for the payment
method selected.

7.4 If a payment fails or is
subsequently charged back, the underlying claim remains unaffected. Statutory
rights arising from default in payment remain unaffected.

§ 8 Vouchers, Gift Vouchers and Promotions

8.1 Promotional vouchers are
voucher codes issued free of charge. They are valid only within the stated
period and subject to the conditions communicated at the time. They may, in
particular, be limited to specific brands, product categories, minimum order
values, or customer groups.

8.2 Gift vouchers are value
vouchers purchased for consideration. They may generally only be redeemed in
the online shop, unless otherwise stated at the time of purchase.

8.3 Vouchers are not paid out in
cash and do not accrue interest. Payout of any remaining balance is excluded,
to the extent permitted by law.

8.4 If an order paid for with a
voucher is withdrawn, the reversal will generally be carried out via the same
means of payment or by restoring the voucher value. Statutory refund claims
remain unaffected.

8.5 Multiple vouchers may only
be combined where this is expressly permitted.

§ 9 Delivery, Delivery Area and Delivery Times

9.1 We generally deliver
worldwide to the countries selectable at checkout. The general statement
"worldwide shipping" does not create an entitlement to delivery to a
country that is not available at checkout or to which delivery is legally or practically
not possible.

9.2 Shipping is generally
carried out via DHL or a local delivery partner engaged by DHL. There is no
entitlement to a specific carrier unless otherwise agreed.

9.3 Delivery times are stated on
the product page, at checkout, or in the shipping information. For prepayments,
the delivery period generally begins after receipt of payment.

9.4 Delays caused by customs
clearance, import controls, force majeure, industrial action, official
measures, or other circumstances beyond our reasonable control may extend the
delivery period. The customer's statutory rights remain unaffected.

9.5 Partial deliveries are
permitted where reasonable for the customer. No additional shipping costs will
be incurred by the customer as a result.

§ 10 Delivery Address, Acceptance and Undeliverable Shipments

10.1 The customer is responsible
for providing a complete and accurate delivery address.

10.2 If a shipment is returned
to us due to an incorrect address attributable to the customer, failure to
collect, or unjustified refusal to accept delivery, we may claim the actually
incurred, reasonable additional costs. The customer remains free to prove that
no or lower costs were incurred.

10.3 Statutory rights of
withdrawal and warranty remain unaffected by this.

§ 11 Passing of Risk and Transport Damage

11.1 For consumers, the risk of
accidental loss or accidental deterioration generally passes only upon handover
of the goods to the consumer or a third party designated by the consumer.

11.2 Customers are asked to
report any visible transport damage to the carrier as soon as possible and to
notify us. Failure to do so has no effect on statutory rights but facilitates
the assertion of our own claims against the carrier.

11.3 For businesses, risk passes
in accordance with statutory provisions, generally upon handover to the
carrier.

§ 12 Retention of Title

12.1 The goods remain our
property until paid for in full.

12.2 For businesses, we reserve
title until all claims arising from the ongoing business relationship have been
settled in full. Any processing or resale shall take place in the ordinary
course of business, subject to the statutory rules on extended retention of
title.

§ 13 Right of Withdrawal for Consumers

13.1 Consumers are generally
entitled to a statutory right of withdrawal in respect of distance contracts.
Details are set out in the Cancellation Policy and the Model Withdrawal Form at
the end of this document.

13.2 The consumer bears the
direct cost of returning the goods.

13.3 The goods should be handled
and inspected only in the way that would be possible in a physical shop, in
order to check their nature, characteristics, and functioning. Any liability
for diminished value is determined solely in accordance with statutory
provisions.

13.4 Where legally required, we
provide an easily accessible electronic cancellation function on the online
interface during the withdrawal period.

§ 14 Statutory Warranty

14.1 The statutory rights in
respect of defects apply.

14.2 A guarantee exists only
where it is expressly designated as such and accompanied by the applicable
guarantee terms.

14.3 Normal wear and tear,
improper handling, incorrect care, use other than as intended, or
self-inflicted damage do not constitute a defect.

14.4 Consumers may report
defects to info@horsch-schuhe.de, stating the order number and, where
reasonable, providing meaningful photographs. This is not a precondition for
exercising statutory rights.

§ 15 Customer Account

15.1 Creating a customer account
is voluntary, unless a mandatory login is provided for.

15.2 The customer must keep
their login credentials confidential and notify us without delay if
unauthorised use is suspected.

15.3 We may suspend customer
accounts in the event of misuse, security risks, or material breaches of
contract. Contracts already concluded remain unaffected.

15.4 The customer may request
deletion of their account. Statutory retention obligations remain unaffected.

§ 16 Newsletter and Marketing Communications

16.1 Newsletters are only sent
where consent has been given or another legal basis applies.

16.2 The newsletter may be
unsubscribed from at any time via the unsubscribe link or by message to
info@horsch-schuhe.de.

16.3 Details of data processing
are set out in the Privacy Policy.

§ 17 Liability

17.1 We are liable without
limitation for intent and gross negligence, for culpable injury to life, body,
or health, under the German Product Liability Act (Produkthaftungsgesetz), and
to the extent of any guarantee expressly assumed.

17.2 In cases of slightly
negligent breach of a material contractual obligation, liability is limited to
the foreseeable damage typical for this type of contract. Material contractual
obligations are obligations the fulfilment of which enables the proper
performance of the contract in the first place and on whose observance the
other party may regularly rely.

17.3 In all other respects,
liability for slight negligence is excluded, to the extent permitted by law.

17.4 The above limitations of
liability apply equally to our legal representatives and vicarious agents.

§ 18 Force Majeure

18.1 Events beyond our
reasonable control, including natural disasters, war, pandemics, official
measures, cyberattacks, failures of energy or communication networks,
industrial action, or significant supply chain disruptions, may suspend
performance obligations for the duration of the disruption, provided we are not
responsible for the event.

18.2 If the disruption continues for an
unreasonable period, the parties are entitled to the statutory rights of
withdrawal and termination. Payments already made for services not
rendered will be refunded.

§ 19 Export Controls and Import Restrictions

19.1 Deliveries are made only to
the extent permitted under German, European, and, where applicable, foreign
law.

19.2 We may refuse or cancel
orders where statutory sanctions, embargoes, export prohibitions, or other
mandatory regulations preclude delivery.

19.3 The customer is responsible
for complying with the import regulations applicable in the destination
country.

§ 20 Consumer Dispute Resolution

20.1 We are neither obliged nor
willing to participate in dispute resolution proceedings before a consumer
arbitration board, unless a mandatory statutory obligation applies.

20.2 No reference is made to the
European Commission's former Online Dispute Resolution platform, as that
platform has been discontinued and the underlying regulation has been repealed.

§ 21 Governing Law and Jurisdiction

21.1 German law applies,
excluding the UN Convention on Contracts for the International Sale of Goods
(CISG). For consumers, this choice of law applies only to the extent that it
does not deprive them of the protection afforded by mandatory provisions of the
law of the country in which they have their habitual residence.

21.2 If the customer is a
merchant, a legal entity under public law, or a special fund under public law,
Stuttgart shall be the exclusive place of jurisdiction for all disputes arising
from the contractual relationship, to the extent permitted by law.

21.3 For consumers, the
statutory places of jurisdiction apply.

§ 22 Final Provisions

22.1 Amendments or supplements
to individual contracts require agreement between the parties. Mandatory formal
requirements remain unaffected.

22.2 Should any provision of
these Terms be or become invalid, in whole or in part, the validity of the
remaining provisions shall remain unaffected. The invalid provision shall be
replaced by the applicable statutory provisions.

22.3 The version of these Terms
incorporated into the online shop at the time the contract is concluded shall
be decisive.

As
of: July 2026

 

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract
within 14 days without giving any reason.

The withdrawal period will expire 14 days from the
day on which you, or a third party other than the carrier and indicated by
you, acquire physical possession of the last good.

To exercise the right of withdrawal, you must
inform us

Felix Horsch, Hohenzollernstr. 12, 70178 Stuttgart,
Germany, Telephone: +49 172 7405123, E-mail: info@horsch-schuhe.de

of your decision to withdraw from this contract by
means of an unequivocal statement (e.g. a letter sent by post or e-mail). You
may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient
for you to send your communication concerning the exercise of the right of
withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall
reimburse to you all payments received from you, including the costs of
delivery (except for the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of standard delivery
offered by us), without undue delay and in any event not later than 14 days
from the day on which we are informed about your decision to withdraw from
this contract. We will carry out such reimbursement using the same means of
payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of
such reimbursement. We may withhold reimbursement until we have received the
goods back, or you have supplied evidence of having sent back the goods,
whichever is the earliest.

You shall send back the goods or hand them over to
us without undue delay and in any event not later than 14 days from the day
on which you communicate your withdrawal from this contract to us. The
deadline is met if you send back the goods before the period of 14 days has
expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the
goods resulting from handling other than what is necessary to establish the
nature, characteristics, and functioning of the goods.

End of Cancellation Policy

 

 

Model Withdrawal Form

(Complete and return this form
only if you wish to withdraw from the contract.)

To: Felix Horsch,
Hohenzollernstr. 12, 70178 Stuttgart, Germany, Telephone:
E-mail: info@horsch-schuhe.de

 

I/We (*) hereby give notice that I/We (*) withdraw from
my/our (*) contract of sale of the following goods (*)/for the provision of the
following service (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified
on paper):

Date:

(*)
Delete as appropriate.