General Terms and Conditions
§ 1 Scope
§ 2 Important Advice
§ 3 Concluding Contracts
§ 4 Shipping and handling fees
§ 5 Delivery and Shipping
§ 6 Payment
§ 7 Retention of Title
§ 8 Terms of Revocation
§ 9 Returns and Exchanges
§ 10 Warranty
§ 11 Liability
§ 12 Governing Law and General Terms
§ 1. Scope
SANCTUM GmbH, Rosenthaler Straße 49, 10178 Berlin, Germany (hereinafter "SANCTUM", "we" or "sanctum-shoes.com"), provides the website www.sanctum-shoes.com and offers fashion goods and fashion accessories – especially shoes - for sale. These Terms & Conditions shall apply in the latest version to all orders and contracts made by SANCTUM and the client ("client"), who either is a private person of full age (hereinafter "consumer" according to para. 13 German Civil Code - BGB) or a trader (hereinafter "trader" according to para. 14 BGB).
No subsequent agreement in any way altering these Terms & Conditions shall be binding on SANCTUM unless made in writing and signed by an authorized officer of SANCTUM.
§ 2. Important Advice
§ 2.1.
Any goods on our website www.sanctum-shoes.com are presented in a true-to-life manner to a large extent. Due to different settings or performances of screens or printers, the illustration can differ from the real appearance. The consistency cannot be guaranteed by SANCTUM.
§ 2.2
The products as presented on the website can be out of stock or unavailable for other reasons or vary in price in individual cases. The presentation of goods on the website is no binding offer. Unless specified otherwise all mentioned prices are given in EURO incl. VAT excluding shipping costs.
§ 2.3.
Prices in non-EU countries (and therefore also including Switzerland and Liechtenstein) are shown without VAT or any other import duties and taxes and also are excluding shipping costs.
§ 3 Conclusion of Contract
§ 3.1
Upon completion of the order form which is available on our website and by sending the order form to us you make a binding offer (the “Offer”) to us, which we accept upon delivery of the goods. Any confirmation of the Offer sent to you subsequent to your Offer is not deemed an acceptance of the Offer.
§ 3.2
The goods sold by us are exclusively sought-after trendy products. Therefore, we may only have very few items on stock for some of the products offered or these items may not be available in all sizes. In case an ordered product becomes no longer available in the volumes required or if the delivery will be considerably delayed, we will inform you as soon as possible, at the latest within 30 days after receipt of your order. In this event you will not have a right to request delivery.
§ 3.3
We may at our discretion decide whether to accept an online order and to what extent. In case of a prepayment, we reserve the right to refuse the online order if payment into our account is not received within 7 days from receipt of the order. In the case we should not fulfill an online order we will immediately inform you.
§ 4 Shipping & Handling Fees
| Standard Germany | Estimated delivery time within 2-4 working days | € 8.50 |
| EU | Estimated delivery time within 2-6 working days | € 18.50 |
| Rest of World | Estimated delivery time within 2- 14 working days | € 20.00 |
If the customer has special requests concerning the type of shipment, e.g. express shipment, the additional costs shall be charged. In this case the risk shall be transferred to the customer when the goods are transferred to a forwarder or carrier, in any case when they leave of the warehouse of SANCTUM.
§ 5 Delivery and Shipping
§ 5.1
We ship exclusively with DHL. SANCTUM bears the transportation risk. We ship internationally to over 50 countries.
§ 5.2
Merchandise is generally ready for shipping at the latest one business day after you have placed your order. Unless otherwise agreed, the delivery will be made within 1 to 14 business days calculated from the time it leaves our warehouse to the address indicated by the customer depending on the shipping method and destination.
§ 5.3
Product prices are exclusive of all taxes and duties, as well as German VAT. Please note that custom taxes, duties and handling fees for each individual country will be applied and invoiced separately through DHL. Please note that potential foreign bank charges have to be borne by you.
International customs duties and sales taxes are NOT refunded for shipments outside the European Community (EU).
§ 5.4
All shipments will be carried out through DHL, and therefore are unable to deliver to APO/FPO addresses, as well as P.O. Boxes. We do not offer Saturday delivery. Please note: Some countries may have restrictions on the receipt of specific items. The terms and conditions of DHL will apply additionally and can be called under www.dhl.com
§ 6 Payment
§ 6.1
The purchase price and the shipping and handling fees may be paid by credit card (VISA, MASTERCARD, AMEX), as well as by payment through PAYPAL. We reserve the right to refuse certain payment methods.
§ 6.2
You may not offset payments with claims against us unless such claims are undisputed or have been decided by a court with res judicata. You may not retain payments because of counterclaims which are based on other contracts.
§ 7 Retention of Title
All goods remain our property until full payment has been received.
§ 8 Terms of Revocation
Terms of Revocation
Right of Revocation
You may revoke your Offer within two weeks, without giving reasons for revocation, by sending a written notice in text form (e.g. letter, fax, e-mail), or by returning the ordered goods in the event you have received the ordered goods within the above mentioned time-period. The two-week period starts at the earliest on the day subsequent to your receipt of these terms of revocation in text form, but not prior to your receipt of the goods and not before our duties to furnish certain information subsequent to Section 246 para. 2 in connection with Section 1 para. 1 and 2 EGBGB have been met, as well as our duties subsequent to Section 312e para. 1 sentence 1 BGB in connection with Section 3 BGB-InfoV. To observe the deadline it is sufficient to sent the goods or to revoke within the time period. The revocation shall be sent to:
SANCTUM GmbH
Claudia Boehringer, Kai Generlich
Rosenthaler Straße 49
10178 Berlin
or:
info@sanctum-shoes.com
Consequences of Revocation
In the event an order has been validly revoked, any performance received by either party is to be returned, including usufruct thereof if any (e.g. interest). If you are unable to return the received goods to us, either wholly or in part, or if the goods may only be returned in an impaired condition, you might be liable for compensation for the value of the goods. In the event the goods have been delivered to you, the aforementioned rule does not apply if the impairment of the goods is solely caused by an examination of the goods such as would be possible for you in a retail shop. To avoid liability for compensation for the value, you should avoid treating the goods as if they were your own property and you should also avoid any use which might be detrimental to the value of the ordered goods.
Items which are capable of being shipped by mail or courier have to be returned at our risk. You will bear the costs of a return if the delivered goods conform to the ordered goods and the purchase price of the returned goods does not exceed EUR 40.00, or if the purchase price exceeds EUR 40.00 and you have not made payment or a partial payment at the time of the revocation of the order. Under all other circumstances, you will not bear any costs for a return of the ordered goods. We will collect at your pick-up address all goods to be returned which cannot be sent by mail or courier. All obligations for reimbursement must be performed within 30 days. The period starts to run upon dispatch of the revocation or the return of the item; for us the period starts to run upon receipt of the revocation or the returned item.
End of terms of the revocation clause
§ 9 Returns and Exchanges
If you should not be happy with your purchase, you may return or exchange the item(s) in its original condition within 14 days after reception.
§ 9.1
Returns and exchanges will only be accepted if the item has not been worn, washed or altered. The unused item has to be returned in its original packaging for a refund (less shipping charges).
The customer may inspect the goods carefully. The fall of value as a result of the proper use beyond the careful inspection of the goods, which implicates, that the refunded goods cannot be sold as "new" anymore, has to be reimbursed by the customer.
Shoes must be returned in the original designer box and complete with any additional accessories like shoe bag or heel tips as they are considered part of the product, otherwise the return will not be accepted. If shoes show signs of wear we cannot accept their return. Therefore we recommend a carpeted surface while trying.
Please note that we do not accept liability for returns made with other services than DHL.
Returns can only be shipped from the country to which the goods were delivered; e.g. returns on goods delivered to Austria can only be initiated in Austria.
Please announce any returns or exchanges or if you have questions concerning your right to return the merchandise, please contact our customer care team via:
E-Mail: info@sanctum-shoes.com
Phone: +49 30 24048244
Fax: +49 30 24048245
Please address all returns and exchanges to:
SANCTUM Store
Sophienstr. 5
10178 Berlin
Germany
§ 9.2 Exchanges
If you wish to exchange an item in size or colour please call customer service +49 30 24048244 or contact us by email via info@sanctum-shoes.com. Exchanges will only be possible if the item is available. Once we have received the original item, we will ship the exchange item. If you wish to exchange a purchase for a different item, we ask you to return it for credit and make a new separate order.
§ 9.3 Refunds
Bitte beachten Sie, dass die in den Paragrafen 9.1 bis 9.2 genannten Modalitäten nicht Voraussetzung für die wirksame Ausübung des Widerrufsrechts sind.
§ 9.4 Free Return Shipping
All goods have to be returned via DHL carrier by using the pre-paid DHL return label which we will send you after you contacted us. By this SANCTUM pays the shipping costs for the return in EU countries (if § 8 applies). Please make sure to retain a tracking number for your records.
§ 10 Warranty
Statutory warranty provisions apply.
§ 11 Liability
Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply:
SANCTUM shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by SANCTUM or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by SANCTUM or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the German Product Liability Act or liability for an expressively warranted condition or defects, which have been suppressed maliciously.
Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by SANCTUM in any case.
§ 12 Governing Law and General Terms
§ 12.1
The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.
§ 12.2
The Terms & Conditions of SANCTUM will supersede any other general terms and conditions binding upon the customer.
§ 12.3
Berlin (Germany) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law (§ 38 German Civil Litigation Act).
§ 12.4
Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.