Terms of service

1. Scope and provider

These general terms and conditions (hereinafter "Terms") apply to all contracts that you conclude with us, Peppersack und Frey Sports GbR, Westheck 13, 59427 Unna, Germany (hereinafter "we" or "the Seller"), through our online shop under the trade name Retroboots.de.

The seller and your sole contracting party is Peppersack und Frey Sports GbR. This also applies where goods are shipped to you by a partner under the Retro Boots Network (see clause 6).

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession (Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into the legal transaction, acts in the exercise of his, her or its trade, business or profession (Section 14 BGB).

Differing, conflicting or supplementary general terms and conditions of the customer do not become part of the contract unless we expressly agree to their application.

The version of these Terms in force at the time of the order is the applicable one.

2. Conclusion of contract

The presentation of the products in our online shop does not constitute a legally binding offer, but a non-binding invitation to you to place an order.

The ordering process runs as follows:

1. You place the items you want in the shopping basket.
2. During the ordering process you enter your details and select the shipping method and the payment method.
3. Before submitting the order you can check all your entries once more on the order summary page and change them at any time using the correction functions of your browser and of the shop, or cancel the ordering process.
4. By clicking the button that completes the ordering process, you submit a binding offer to conclude a purchase contract for the items contained in the shopping basket.

After you have submitted your order, you will receive an automatic acknowledgement of receipt by e-mail. This acknowledgement of receipt merely documents that your order has reached us. It does not yet constitute acceptance of your offer.

The purchase contract is only concluded when we accept your order by a separate shipping confirmation sent by e-mail, or when we dispatch the goods to you. The period for acceptance is five working days from the day after your order was sent. For items marked in the shop as items from the Retro Boots Network, the period for acceptance is ten working days from the day after your order was sent; we will point this out to you separately in the acknowledgement of receipt of your order. If we do not accept your offer within the applicable period, this counts as a rejection; you are then no longer bound by your offer.

Time of payment: with the payment methods offered in our shop, the purchase price is charged immediately when you submit your order, that is to say before the purchase contract comes into existence. If no contract comes into existence – in particular because we do not accept your offer or because the item is no longer available – we will refund the amount paid to you in full and without undue delay, using the same means of payment you used, unless expressly agreed otherwise with you. You incur no costs for this.

We mostly sell single items. Should an item you have ordered no longer be available after your order has been sent, we will not accept your offer to that extent and will inform you without undue delay. Any amount already paid will be refunded to you in full and without undue delay.

3. Prices and shipping costs

All prices stated are total prices. The invoicing currency is the euro (EUR). For deliveries within Germany the prices include German statutory value added tax. For deliveries to other Member States of the European Union they include the value added tax applicable in the respective country of destination. Deliveries to countries outside the European Union are tax-exempt export supplies pursuant to Section 4 no. 1 letter a in conjunction with Section 6 of the German Value Added Tax Act (Umsatzsteuergesetz, UStG); in that case the prices do not include German value added tax. The amounts applicable to your order are shown to you in the order summary before the order is sent.

Shipping costs may be incurred in addition to the prices stated. The amount of the shipping costs depends on the delivery destination and the shipping method selected; it is clearly stated in our shipping policy and during the ordering process before the order is sent, and is shown to you separately in the order summary.

For deliveries to countries outside the European Union, customs duties, import value added tax and further charges may be incurred in addition. These costs are not included in the purchase price or in the shipping costs and are levied directly on the recipient by the competent authorities or by the transport service provider. They are to be borne by the recipient. For details, please see our shipping policy.

4. Payment

The following payment methods are available in our shop:

• Credit and debit card (Visa, Mastercard, American Express, Maestro, UnionPay)
• PayPal
• Klarna
• Shop Pay
• Apple Pay
• Google Pay
• Local payment methods: Bancontact, BLIK, EPS, iDEAL / Wero, MobilePay, TWINT

Which payment methods are available in the individual case is shown to you during the ordering process. The terms of the respective payment service provider may apply to the use of individual payment methods; we point this out during the ordering process.

As described in clause 2, the purchase price is charged when you submit your order, that is to say before the purchase contract comes into existence. If no contract comes into existence, we will refund the amount paid to you in full and without undue delay.

If the customer is in default of payment, the statutory provisions apply.

5. Delivery and delivery periods

Delivery is made to the delivery address you have provided, unless otherwise agreed. We ship with DHL or DHL International.

The shipping costs and the expected delivery times for the individual destination areas are set out in our shipping policy. Stated delivery times are expected periods and begin when the goods are dispatched.

We do not deliver to the United States of America and not to Russia. Please see the shipping policy for further delivery restrictions; we point out any existing delivery restrictions at the latest at the beginning of the ordering process.

If no time for delivery has been agreed or can be inferred from the circumstances, in the case of a sale of consumer goods we hand over the goods no later than 30 days after conclusion of the contract (Section 475 (1) BGB).

Passing of risk: if the customer is a consumer, the risk of accidental loss of and accidental deterioration of the goods only passes when the goods are handed over to the customer. This also applies to sales involving carriage of the goods; Section 447 BGB does not apply, in accordance with Section 475 (2) BGB. If the customer is an entrepreneur, the statutory provisions apply.

6. Retro Boots Network

Individual items are marked in the shop as items from the Retro Boots Network. These items are not shipped from our own warehouse but by a partner.

The following applies to such items:

• The seller and your contracting party remains Peppersack und Frey Sports GbR in every case. No contract comes into existence between you and the partner.
• Dispatch takes place within 5 to 9 working days after the item has been checked.
• Your statutory rights, in particular the right of withdrawal and your statutory rights in the event of defects, continue to be directed against us without change and are not restricted by the shipment via a partner.
• Please also send returns to our address stated in clause 1.

7. Retention of title

The goods delivered remain our property until the purchase price has been paid in full.

Your statutory rights, in particular your right of withdrawal and your statutory rights in the event of defects, are not affected by the retention of title.

8. Right of withdrawal

In the case of distance contracts, consumers have a statutory right of withdrawal pursuant to Section 312g (1) in conjunction with Section 355 BGB. The details – in particular the period, the start of the period, the form of the statement and the effects of withdrawal – are set out in our instructions on withdrawal, which form part of these Terms.

We also provide a model withdrawal form; its use is voluntary and not obligatory.

You can also declare your withdrawal via our online withdrawal function at retroboots.de/pages/widerruf. The use of this function is voluntary; withdrawal can equally be declared informally by e-mail, by letter or by telephone.

In the event of withdrawal, you bear the direct cost of returning the goods. This information follows from Section 357 (5) BGB in conjunction with Article 246a Section 1 (2) sentence 1 no. 2 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche, EGBGB) and is also contained in our instructions on withdrawal.

There is no exclusion of the right of withdrawal for reduced goods. Returning the goods in their original packaging and the presence of labels are not a condition for the withdrawal to be effective.

9. Liability for defects (statutory rights in the event of defects)

The statutory rules on liability for defects apply. There is no exclusion or restriction of your statutory rights in the event of defects.

If the goods are defective, you have the statutory rights, in particular to supplementary performance (repair or replacement delivery), to rescission of the contract (Rücktritt), to a reduction of the purchase price and to damages in accordance with Sections 434 et seq. and Section 437 BGB.

For consumers, the limitation period for claims based on a defect in the goods is two years from delivery of the goods (Section 438 (1) no. 3 BGB). We do not shorten this period. The special provisions of Section 475e BGB remain unaffected.

In the case of a sale of consumer goods, we inform you before supplementary performance is carried out, in accordance with Section 475 (4) BGB, that you have the right of choice under Section 439 (1) BGB and that, in the event of a repair, the original limitation period is extended once by twelve months pursuant to Section 475e (5) BGB.

For expenses that you incur in the course of supplementary performance and that are to be borne by us, you may demand an advance payment pursuant to Section 475 (5) BGB.

10. Deadstock goods

We sell authentic, factory-new and unworn football boots from earlier production periods (so-called deadstock goods) as well as sportswear. These are mostly single items.

Because of the long storage period, such items may show age-related changes in the materials that would not be expected in newly produced goods – for example yellowing of soles or foam parts, a loss of elasticity in adhesives, foam parts or rubber components, storage marks on packaging, and slight discolouration.

10.1 Information about the nature of the goods

Where an item is deadstock goods from an earlier production period, this follows from the product information. Such information serves solely to inform you about the nature of the goods. It does not constitute an agreement on a deviation from the objective requirements under Section 434 (3) BGB.

10.2 No agreed deviation from the objective requirements

We do not agree with you any deviation from the objective requirements under Section 434 (3) BGB. The requirements of Section 476 (1) sentence 2 BGB – separate notice of a specific deviation and separate, express acceptance of that deviation by you in the course of the ordering process – are not implemented in our ordering process.

Your statutory rights in the event of defects therefore apply to every item without any restriction, irrespective of any description of the condition of the goods on the product page.

Should we introduce such a procedure in future, it will apply only to orders placed after it has been introduced, and only where the specific deviation has been shown to you separately and expressly accepted by you separately.

10.3 Your statutory rights

No description of the nature or condition of the goods in our shop excludes or restricts your statutory rights.

In particular, the following applies:

• We are liable for defects without restriction in accordance with the statutory provisions.
• The goods must meet the subjective requirements under Section 434 (2) BGB and the installation requirements under Section 434 (4) BGB.
• There is no shortening of the limitation period.
• Your right of withdrawal remains fully intact.

11. Liability

We are liable to you in all cases of contractual and non-contractual liability in accordance with the following provisions.

Unlimited liability: we are liable without limitation

• for damage arising from injury to life, body or health that is based on an intentional or negligent breach of duty by us, by our legal representatives or by our vicarious agents,
• for other damage that is based on intent or gross negligence on the part of us, our legal representatives or our vicarious agents,
• in the case of fraudulent concealment of a defect,
• to the extent of a guarantee assumed by us or of a procurement risk assumed by us, and
• under the provisions of the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG).

Liability in cases of slight negligence: in the case of a slightly negligent breach of a material contractual obligation, our liability is limited in amount to the foreseeable damage typical of this type of contract at the time the contract was concluded. Material contractual obligations (so-called cardinal obligations) are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.

In all other respects our liability is excluded.

The provisions above do not entail any change to the statutory burden of proof to your detriment. The provisions on liability for defects (clause 9) remain unaffected.

12. Dispute resolution

Information pursuant to Section 36 VSBG (German Act on Alternative Dispute Resolution in Consumer Matters, Verbraucherstreitbeilegungsgesetz): we are neither willing nor obliged to take part in dispute resolution proceedings before a consumer conciliation body (Verbraucherschlichtungsstelle).

We are of course always willing to resolve concerns directly with you. Please contact us at retroboots.de@web.de or on +49 1515 5824538. Your right to bring proceedings before the courts remains unaffected.

13. Storage of the contract text and contract language

We store the contract text of your order. We send you the order data as well as these Terms and the instructions on withdrawal by e-mail. Pursuant to Section 312f (2) BGB you also receive a confirmation of the contract on a durable medium at the latest when the goods are delivered.

For security reasons, the contract text is no longer generally accessible over the internet. Please keep the e-mails sent to you. On request, we will make the contract text available to you again.

The language available for concluding the contract is German.

14. Final provisions

The law of the Federal Republic of Germany applies to contracts between us and you, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only in so far as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (Article 6 (2) of Regulation (EC) No 593/2008 – Rome I). Mandatory consumer protection provisions of your country of residence therefore remain unaffected in every case.

If the customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer is the Seller's registered office. For consumers, the statutory places of jurisdiction apply.

Should individual provisions of these Terms be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. The statutory provisions take the place of the invalid provision.

Governing language

These terms were originally drawn up in German. The German version is the legally binding one. This English translation is provided for your convenience only. In the event of any discrepancy between the German and the English version, the German version prevails. You can find the German version by switching this store to German.