Terms and Conditions

Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Applicable Law

10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Noel Atta, acting under the trade name “Dsp.shoes” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not represent binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (e.g. email or fax), whereby the receipt of the confirmation by the Customer is decisive, or

• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs.
The period for accepting the offer begins on the day following the Customer’s submission of the offer and ends with the expiry of the fifth day following the submission.
If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), under the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.
When the Customer pays via a PayPal payment method selectable during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 When submitting an offer through the Seller’s online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the order is placed. The Seller does not provide further access to the contract text.
If the Customer has created a user account before submitting the order, the order data will be stored on the Seller’s website and can be accessed by the Customer through their password-protected account.

2.6 Before submitting the binding order, the Customer can identify and correct input errors by carefully reviewing the information displayed on the screen.
A useful technical method for recognizing input errors is the zoom function of the browser, which enlarges the display on the screen.
The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the order process.

2.7 Different languages are available for concluding the contract. The specific selection of available languages is shown in the Seller’s online shop.

2.8 Order processing and communication generally take place via email and automated systems. The Customer must ensure that the email address provided for order processing is correct so that emails from the Seller can be received.
In particular, the Customer must ensure that spam filters do not block messages sent by the Seller or third parties commissioned by the Seller to process the order.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 More detailed information about the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties).

4.3 The available payment methods are specified in the Seller’s online shop.

4.4 When choosing a payment method offered by PayPal, the transaction is processed by PayPal, which may use third-party payment service providers. If the Seller offers payment options via PayPal where the Seller provides goods in advance (e.g. invoice or installment payment), the Seller assigns their claim to PayPal or the designated payment provider.

4.5 For the payment method "Sofortüberweisung" (Instant Transfer), processing occurs via Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). The Customer must have an online banking account, verify themselves, and confirm payment. Further information: https://www.klarna.com/sofort/.

4.6 For payments via Wix Payments, processing occurs via Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (“Wix”). Additional payment service providers may apply.

5) Delivery and Shipping Conditions

5.1 Delivery will be made to the address provided by the Customer unless otherwise agreed.

5.2 If delivery fails due to reasons attributable to the Customer (e.g. wrong address, refusal of acceptance), the Customer shall bear the additional costs.

5.3 For entrepreneurs, the risk of accidental loss passes to the Customer upon handover to the carrier. For consumers, risk passes only upon receipt of goods.

5.4 If the Seller cannot deliver due to non-supply by its suppliers, the Seller may withdraw from the contract. The Seller will notify the Customer immediately and refund any payments made.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller delivers goods in advance, ownership remains with the Seller until full payment of the purchase price is received.

7) Liability for Defects (Warranty)

7.1 Statutory warranty rights apply unless otherwise stated.

7.2 For entrepreneurs:

• The Seller chooses the type of supplementary performance.

• The limitation period for new goods is one year from delivery.

• For used goods, warranty rights are excluded.

• The limitation period does not restart upon replacement delivery.

7.3 These limitations do not apply:

• To damages and reimbursement claims,

• To concealed defects,

• To products intended for construction use,

• To any obligation to provide digital updates.

7.4 Entrepreneurs remain subject to statutory recourse claims.

7.5 Consumers are encouraged (but not obliged) to report visible transport damage upon delivery and inform the Seller.

8) Liability

8.1 The Seller is liable without limitation:

• For intent or gross negligence,

• For injury to life, body, or health caused by negligence,

• Under product liability law,

• For guaranteed characteristics.

8.2 For simple negligence, the Seller is only liable for foreseeable, typical damages.

8.3 The Seller’s liability is otherwise excluded.

8.4 These provisions also apply to the Seller’s legal representatives and agents.

9) Applicable Law

9.1 The laws of the Federal Republic of Germany apply, excluding international sales law.
For consumers, this applies only insofar as mandatory consumer protection laws in their country are not overridden.

9.2 This choice of law does not apply to consumers outside the EU whose residence and delivery address are also outside the EU at the time of contract conclusion.

10) Alternative Dispute Resolution

The Seller is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.