1.1 These terms and conditions relate to goods which you offer to purchase from the schuh online store (“our/this website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at [email protected], or phone us on 0208 451 99024.
1.2 By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 11 (limitation of liability) and 13 (indemnity). Any terms and conditions you may use do not become part of the Agreement unless expressly accepted by us in writing; this even applies if we fail to expressly reject any terms contained in any communication from you. Additional terms may apply for certain services we offer, or in the event you select a payment method operated by a third party (see clause 6 and 8 below). Such terms will be communicated to you before you access such services or use such payment methods.
1.3 You may place an order without registering on our website. Please note that certain additional services – as described on our website – are only available if you create an account. You must be 18 years or older to place an order or to create an account. By submitting an order or creating an account, you confirm to us that you are at least 18 years of age.1.4 These terms and conditions may be changed at any time by us with effect for future orders, and we are not under any obligation to notify you of such changes. For clarity, such changes do not affect any agreements already concluded prior to the change, and they do not affect your account (if any), unless and until you consent to the new terms,
In these terms and conditions:
a) “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
b) “Consumer”, pursuant to Sec. 13 of the German Civil Code, means an individual whose use of the website and/or other services is for personal purposes only, and not predominantly for use in connection with any trade, business or profession;
c) “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us;
d) “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
e) “we/us/our” refers to schuh Limited, a company incorporated in Scotland (registered number SC125327), VAT Reg No 847676963 and having our registered office at 1 Neilson Square, Deans Industrial Estate, Livingston, EH54 8RQ; andf) “you/yours” refers to you, the person offering to purchase goods from us.
3. Your Agreement With Us; User Accounts
3.1 These terms and conditions, together with the Order Form and the Confirmation Form, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom.
3.2 In case you choose a payment method which does not lead to an immediate payment as soon as you place their order, nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase. Prior to sending your Order Form, you will have a chance to go back and correct any mistakes you may have made during the ordering process.
3.3 In this case, the Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form). We store the contract’s content and will send you the details of your order as well as our general terms via e-mail. You can find the general terms here at all times. You can view information on your order details by logging into your account (if you have chosen to create one) or by contacting our Customer Experience Team via email at [email protected] or on 0208 45199024.
3.4 In case you choose a payment method which leads to an immediate payment as soon as you place your order (e.g. “Sofortüberweisung”), the contract is concluded when placing your order. Prior to sending your Order Form, you will have a chance to go back and correct any mistakes you may have made during the ordering process.
3.5 If you chose to register for an account, you offer to enter into an agreement regarding the account by providing your registration details. The agreement is concluded when we declare our acceptance of your offer by e-mail or by actually opening and granting you access to the user account. You agree to treat any access credentials (such as passwords) confidentially and not share them with any third party. You will inform us immediately if you have any reason to believe a third party may have had access to, or may have used, your access credentials.
3.6 When publishing and distributing content with the aid of the platform, you must adhere to all applicable laws and other legal provisions. In particular, you are not allowed to create, use or publish data and content that violate legal provisions, in particular such that violate third party protection rights or copyrights or other third party rights or the terms and conditions of the social networks supported by the platform or that are offensive. Offensive content in particular includes pornographic, harmful, insulting, politically extreme right or left content or content that glorifies violence. We reserve the right to delete content which violates these terms at any time and without prior notice.
3.7 You are personally responsible for the content provided by you. We neither review the content regarding accuracy, completeness and legality nor regarding lack of viruses or other security risks.
3.8 You may terminate your user account at any time by giving us 7 days’ notice in text form (e.g. by e-mail). If you terminate your account, we will delete the information stored in your account without undue delay, except for such information that we are obliged or entitled to store for legal reasons, for as long as those reasons apply. Please note that terminating your account does not affect any orders you have placed prior to termination. We may terminate your account if you breach the terms of this agreement, in particular
4. Availability of Goods; Errors
4.1 We will inform you immediately if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given immediately.. We will inform you immediately if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given immediately.
4.2 Every effort has been made to provide accurate descriptions and prices of goods. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
4.3 Should we suspect customers are buying items in bulk for commercial gain, and not for personal use, we reserve the right to refuse or cancel this transaction.
5. Delivery Details and Returns Policy
5.1.1 Goods you have offered to purchase will be delivered within 5 working days after we receive your offer. If there are any delays we will notify you of such delay immediately. This does not affect your statutory rights upon default.
5.1.2 We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at the checkout. The alternative delivery address must be in Germany.
5.1.3 Standard Delivery is 8€.
5.1.4 Your order will be delivered between the hours of 8am and 6pm, Monday to Friday. This will depend on the delivery option chosen.
5.2 365 Day Returns Policy 5.2.1 We hope you’re happy with your new schuh purchase! However, if you’re unhappy for any reason, we offer a 365 day returns policy. Please note that this is in addition to any other rights you may have, such as Warranty Rights or Withdrawal Rights (if you are a Consumer). Here’s how it works:If the shoes are not a suitable fit or if you simply do not like them, you have up to 365 days to return them to us. All we ask is that you still have some form of proof of purchase ( a receipt or order confirmation email), send them back in the unused condition that you received them in and in their original box where possible.
5.2.2 There are 2 ways for you to return shoes to us:
With UPS Access Point Locations We will send you an email after your order is despatched with a UPS returns label to print off. Package your shoes up carefully in their original box and a secure outer wrapper where possible. Attach the UPS returns label clearly to the outside. Visit to your nearest UPS drop off point and they will return your parcel to us and give you a postage receipt to retain. Returns are FREE to all customers using this service.
Returns via post With another courier service, please be aware, you must bear the cost of the return, in the event you choose to return your item on a different service to the free service we offer with UPS Access Point Locations. Pack up the shoes carefully in their original box and a secure outer wrapper where possible and send them back clearly addressed to:
schuh Returns schuh Ltd 1 Neilson Square Deans Industrial Estate LIVINGSTON West Lothian UK EH54 8RQ
5.2.3 Please use the Returns Form which will have been enclosed when you received your order, or enclose a note detailing your name, address, contact number and reason for return.
5.2.4 We recommend you use some form of registered post in case you need to track your parcel.
5.2.5 If the item is faulty, or if we’ve made a mistake with your order, we will be able to offer a refund or an exchange and reimburse your postage costs if applicable. We’re really sorry, but we’re unable to take back used goods which are unsuitable or don’t fit, or reimburse the postage costs incurred returning unused/unsuitable items to us. This is in addition to, and does not affect, your consumer rights.
6. Payment Terms
6.1 Payment may be made by any of the methods identified on our website. The total amount you pay is the same, regardless of the payment method you use.
6.2 Payment will be processed using the services of third party providers.
6.3 We offer secure online payments handled by Ogone Payment Services. If you would like more information about Ogone Payment Services, please visit the official Ogone Payment Services site.
6.4 Klarna is a payment provider we use on our website to provide easy and secure payment options for our customers. If you use a payment method provided by Klarna, you may be asked to accept separate terms governing this payment process. In particular, Klarna may carry out limited credit searches to help them decide which payment options to offer you. You may be offered the payment options of Pay Now by Card and Pay After Delivery. If you choose to Pay After Delivery, you will be contacted by Klarna regarding the payment to be made within 14 days. Additional charges may apply if you fail to pay Klarna by the specified due date.To view the full Klarna Terms and Conditions please click here.
7.1Our prices in the European Union include VAT where applicable. Orders shipped to countries outside the EU may be subject to additional Sales Taxes and Import Duties.
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.
9. Withdrawal Right
If you are a Consumer, you have the following statutory withdrawal right:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (schuh Ltd, 1 Neilson Square, Deans Industrial Estate, Livingston, EH54 8RQ, UK, fax: +44 1506 460250, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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 your 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 (with the exception of 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 have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
To: schuh Ltd 1, Neilson Square, Deans Industrial Estate, Livingston, EH54 8RQ, UK, phone: + 49 0208 451 99024, fax: +44 1506 460250, [email protected] — I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract for the provision of the following service, — Ordered on (1)/received on (1), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date
10. Limitation of Liability
10.1 We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.10.1 We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
10.2 In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
10.3 In a case according to Sect. 11.2, shall not be liable for any lack of commercial success, lost profits and indirect damages.
10.4 Liability in accordance with the above Sect. 11.2, we shall be limited to the typical and foreseeable damages at the time the Agreement was concluded.
10.5 The limitation of liability shall apply mutatis mutandis to the benefit of our employees, agents and vicarious agents.
10.6 Any potential liability on our part for any guarantees and for claims based on the German Product Liability Act shall not be affected.
11.1 The statutory warranty rights apply to all contracts concluded between you and us.11.1 The statutory warranty rights apply to all contracts concluded between you and us.
11.2 If you are a Consumer, warranty rights lapse two years following the transfer of risk for new goods and one year following the transfer of risk for used goods. If you are not a Consumer, warranty rights lapse one year following the transfer of risk for new goods and six months following the transfer of risk for used goods. The foregoing does not apply to the extent we have fraudulently concealed a defect.
12.1 You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
12.2 This indemnity obligation does not apply to the extent you are not responsible for the breach.
13. Complaints, Dispute Resolution
13.1 We aim to provide you with the best service possible at all times but sometimes things can go wrong along the way. If you are unhappy with the service you have received, please email us at [email protected] and a member of our complaints team will be in touch.
13.2 The EU commission provides an online dispute resolution platform ("ODR Platform") for disputes regarding items bought online. You can find the ODR platform at http://ec.europa.eu/consumers/odr/. Please note that we are not obliged to, and not generally willing to, participate in alternative dispute resolution using the ODR platform or any consumer dispute resolution provider. We reserve the right to consent to alternative dispute resolution in individual cases.
14. Contact Details
14.1 If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 0208 45199024, or e-mail us at [email protected] or write to us at: schuh Customer Service Team, 1 Neilson Square, Deans Industrial Estate, Livingston, EH54 8RQ.
14.2 We shall respond to any communication received by us as quickly as we can.
14.3 All of our incoming and outgoing calls are recorded for training and quality purposes.
14.4 When calling our stores, in certain circumstances your call may be recorded for training and quality purposes.
15. Law and Jurisdiction
15.1 The law of the Federal Republic of Germany applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exist (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.
15.2 If the parties of the contract are merchants, or Customer has no general legal venue in Germany or in another member state of the European Union, or their permanent or habitual residence is transferred abroad after entering into the agreement, or their permanent or habitual residence is not known at the time an action is filed, then the legal venue fpr disputes arising out of or in connection with the agreement is Cologne, Germany. Otherwise, the statutory rules apply.