Terms and Conditions
Terms and Conditions
1. Scope
For all orders placed through our online shop, the following terms and conditions apply. Our online shop is exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the course of their commercial or self-employed professional activity when entering into a legal transaction.
2. Contracting Parties, Conclusion of Contract, Correction Options
The purchase contract is concluded with MyBudapester, Heinrich Dinkelacker GmbH, Wolfener Str. 32-34, 12681 Berlin, Germany.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially add our products to your shopping cart without obligation and correct your entries before submitting your binding order at any time by using the correction aids provided and explained for this purpose in the ordering process. By clicking on the "Buy Now" button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent to you by email immediately after submitting the order.
We usually accept your offer within two days by
- providing a declaration of acceptance in a separate email or
- if necessary, the payment transaction is carried out by our service provider or the selected payment service provider.
The execution date of the payment transaction depends on the selected payment method (see "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
We are entitled to reject an offer from you without giving reasons, especially if there is reasonable suspicion that the goods obtained via the Internet will be resold commercially.
3. Cancellation Policy
1. Cancellation
Consumers have a right of withdrawal of 14 days.
"Consumers" within the meaning of the Consumer Protection Act (KSchG) are natural persons with whom we enter into a business relationship without them being able to be attributed to an independent economic activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us of
MyBudapester
Heinrich Dinkelacker GmbH
Wolfener Str. 32-34
12681 Berlin
Germany
Email: contact@mybudapester.com
Tel.: +49 (0)30 6098370- 12
Fax: +49 (0)30 6098370- 11
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you (excluding delivery costs), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. With regard to the goods to be returned, we agree with you on a retention of title in your favor until your payments have been refunded.
You shall bear the direct costs of returning the goods if you return them using the return label provided by us (confirmation of the link in the shipping confirmation email sent by us or request via contact@mybudapester.com stating your order data).
If you do not use the return label provided by us - i.e. send the package carriage forward or frank it at your own expense at a post office - you will bear the costs incurred by this procedure.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
"Model withdrawal form"
(If you want to withdraw from the contract, please fill out this form and send it back to us)
- To MyBudapester, Heinrich Dinkelacker GmbH, Wolfener Str. 32-34, 12681 Berlin, Germany contact@mybudapester.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- The return of the goods is subject to retention of title.
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
- Date
(*) Please delete as appropriate
Different return cost regulation for Germany, Austria, Switzerland
We shall bear the direct costs of returning the goods if the return is made within Germany, Austria or Switzerland.
Return labels
Without prejudice to your statutory rights, we provide you with free return labels for your return within Germany, Austria or Switzerland. The return label will be enclosed with your shipment. You can return the goods at a parcel shop of the respective provider in Germany, Austria or Switzerland.
3. Return
3.1 For returns with an order value below €300 (within Germany) or below €500 (within the EU), we will charge a flat rate that corresponds to the shipping costs incurred for the order. These will not be refunded. For orders with a product value above €300 (within Germany) or above €500 (within the EU), MyBudapester, Heinrich Dinkelacker GmbH will cover the costs of the return, provided that the following conditions are met:
3.2 The return of the goods must be made exclusively with the shipping service provider through which the package was delivered (DHL), using the freight bill or label included in the package. All documents that may be helpful for the return are included in your package. (The freight bill for the return is only included for deliveries within Germany. For other countries, please contact our customer service)
3.3 Shoes that are advertised as custom-made in the product description are excluded from the return and exchange policy.
3.4 Please note that we can only accept returns from the respective country of delivery. For example, if the delivery was made to Austria, the return must also be initiated from Austria.
3.5 In the event of a return, a credit will be issued to the payment method used for the order. Any losses due to currency fluctuations will not be refunded.
3.6 The return must be made to the respective partner shops, the address data can be found on the shipping label.
4. If you have any questions about your return policy, please contact our customer service:
E-mail: kontakt@mybudapester.com
Phone: +49 (0)30 6098370 - 12
Fax: +49 (0)30 6098370 - 11
This voluntary return policy does not limit your legal rights, including your right of withdrawal as described above.
4. Prices; Product Presentation; Availability; Promotion Code
1. The prices stated on our website www.mybudapester.com at the time of your order apply.
2. The goods offered on Mybudapester.com are represented on the website in the form of digital photographs of the actual existing goods. Slight deviations between representation and reality do not constitute a defect of the ordered goods.
3. If you have ordered multiple products at the same time, the individual products may be delivered at different times. § 266 BGB remains unaffected. Shipping costs will only be charged once here.
4. Promotion Code
4.1 Promotion codes have different durations and are applicable to the purchase of the items specified by the promotion code. You can find the specific duration of your promotion code in the document that also contains the promotion code. If it is displayed on the website, you can find the conditions by clicking on the promotion code.
4.2 The exchange or payout of promotion codes that you have received from Mybudapester.com as part of marketing campaigns or out of goodwill is excluded. A payout of other promotion codes is also excluded outside of your legally entitled return and withdrawal rights.
4.3 Mybudapester.com reserves the right to cancel or block the promotion code if there is a legitimate reason for doing so, for example in case of loss or misuse of the promotion code. Mybudapester.com will inform you about the cancellation or blocking of the promotion code.
4.4 Information on the return of items from orders with a promotion code:
If you make use of your right of withdrawal or voluntary return right, you will be refunded the discounted purchase price. If you revoke or return an item from an order that originally contained multiple items, the value of the promotion code will be deducted proportionally from the total price of the item and you will receive the corresponding refund. The promotion code expires proportionally to the value of the returned item. If all items are revoked or returned, the promotion code expires and the originally paid amount will be refunded. There is no entitlement to a refund or replacement of a promotion code from a promotional campaign.
5. Payment by Promotion Code
5.1 Payment by promotion code is made by entering the promotion code in the designated field during the ordering process and then clicking the "Apply Code" button (order step "Shopping Cart"). If the order value exceeds the value of the promotion code, you must also select one of the offered payment methods to pay the remaining amount.
5. Language of the contract, storage of the contract text
The language(s) available for concluding the contract: German
We store the contract text and send you the order details and our terms and conditions in written form. For security reasons, the contract text is no longer accessible via the internet.
6. Delivery Terms
In addition to the specified product prices, shipping costs may apply. For more information on any potential shipping costs, please refer to the offers.
We only deliver via shipping. Unfortunately, self-pickup of the goods is not possible.
7. Payment
In our shop, the following payment methods are generally available to you:
Credit Card (Visa, Master Card, American Express)
In the ordering process, you will enter your credit card information. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
To pay the invoice amount through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information will be provided during the ordering process.
Amazon Pay
To pay the invoice amount through the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out within one banking day after placing the order. A banking day is any working day except Saturdays, national legal holidays, and December 24th and 31st of each year. Further information will be provided during the ordering process.
8. Reservation of Ownership
The goods remain our property until full payment is made.
9. Transport damages
If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to report or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance.
10. Warranty and Guarantees
10.1 Liability for Defects
The statutory liability for defects applies.
10.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their exact conditions can be found on the product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints, and objections at 030 609837012 (Monday to Thursday from 10:00 am to 5:00 pm, Friday from 9:00 am to 1:00 pm, except for church and public holidays) and by email at contact@mybudapester.com.
11. Liability
For claims arising from damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty promises, if agreed, or if the scope of the Product Liability Act is opened
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner can regularly rely,
(cardinal obligations) by slight negligence on our part, our legal representatives or agents, liability is limited in amount to the damage that was foreseeable at the time of conclusion of the contract and which can typically be expected to occur.
In all other respects, claims for damages are excluded.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) which you can find here. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.