the
eekual bionic GmbH
Marienstraße 25
50825 Cologne
–
William Lyons
(managing director)
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Phone: +49 157 555 63 577
Mail: w@eekual.com
(1) For the legal relations established via this Internet store (including our app) between eekual bionic GmbH and its customers, the following General Terms and Conditions in the version applicable at the time of the order shall apply exclusively.
(2) Deviating general terms and conditions of the customer are rejected.
(1) The presentation of the products in the online store does not represent a legally binding offer, but only an invitation to order.
(2) By clicking the button (buy/order with costs) you place a binding order for the chosen goods.
(3) The purchase contract is concluded by you on the one hand personalizing and ordering the products on eekual.com and on the other hand eekual bionic GmbH accepting your order by sending an order confirmation by e-mail immediately after receiving your order.
(1) An app for individual foot analysis and product selection. The app uses photos and cell phone sensors to scan your feet or shoes you have already worn. On our servers, an individual fit is calculated from this as the basis for shoe production.
(2) Personalized Sneakers: The personalization of the sneakers is done not only by the individual fit but also by the choice of design, colors or materials. The sneakers are typically smaller in size than standard shoes and may initially feel tighter when worn due to the individual fit.
(3) The leathers, silicones and other materials used in our raw materials and manufacturing processes for (2) may change over time, e.g. in the colors when exposed to sunlight.
(1) For the personalized products, eekual bionic GmbH will execute all orders on the basis of the specifications and data or production data supplied by you as the purchaser. You are fully responsible for the completeness and correctness of your data. This also applies if there are data transfer errors for which eekual bionic GmbH is not responsible.
(2) In this context, please also note our privacy policy.
(1) The prices stated in the app at the time of ordering are valid.
(2) With the confirmation of the order the order value is due for payment. Payment is made online, e.g. by PayPal or credit card. Payment of the purchase price must be made immediately and without any deductions after receipt of the order confirmation.
(3) Production will not begin until you have made the payment due in full; this may result in corresponding shipping delays.
(4) The ordered products remain the property of eekual bionic GmbH until full payment has been received.
(5) In the case of chargebacks by your bank, the further processing of the transaction can be transferred to a partner company. The customer will be charged for all return debit charges, interest on arrears and all third-party costs such as lawyer's fees.
(1) After receipt of payment and production, the goods will be shipped to the specified shipping address. The currently possible delivery countries become visible in the app when the delivery address is entered. After delivery you will receive a confirmation e-mail from us. The delivery time is usually about 2-6 working days, depending on the delivery country and production site. Longer delivery times will be communicated to you in individual cases. The delivery can be extended due to customs clearance. In addition, there is the production time, which is usually 2-6 days, depending on the product.
(2) Standard deliveries are made at the shipping costs stated in the app. The shipping costs may vary depending on the product and the country of delivery.
(3) All other shipping costs, e.g. for express deliveries, must be agreed with eekual bionic GmbH by telephone or e-mail.
(4) The occurrence of a delay in delivery by eekual bionic GmbH is determined by the statutory provisions, with the proviso that a reminder from you is required in any case and the subsequent delivery period must be at least 14 days.
(5) If the products ordered cannot be delivered for reasons for which eekual bionic GmbH is not responsible, eekual bionic GmbH is entitled to withdraw from the purchase contract in part or in full and to refund payments already received from you accordingly.
(6) eekual bionic GmbH is entitled to partial deliveries and partial services at any time.
(7) If you do not accept the delivered goods, eekual bionic GmbH has the right to withdraw from the order or to claim damages for non-performance after the fruitless expiry of a grace period of two weeks to be set.
(1) A case of warranty does not exist if the ordered products were produced and manufactured according to the specifications of the customer. Defects in products, which are based in particular on faulty specifications or data, shall be borne by the customer.
(2) The risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the Buyer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. With regard to personalized products, the legal regulations of the law on contracts for work and services (contract for work and materials) apply.
(3) A guarantee in any form for delivered products beyond a possible legal guarantee only exists if this was explicitly stated in the order confirmation for the respective shoes.
(4) A large proportion of the materials used, especially leather, are natural materials and, despite the most careful processing, differences in shape and design may occur even if the same production conditions are applied. You therefore acknowledge that minor deviations in quality, color and fit cannot justify defects in the ordered goods.
(5) Any defects must be notified to eekual bionic GmbH in writing by presenting the defective products to eekual bionic GmbH (e.g. by means of digital photos or return shipment).
(1) After expiry of the delivery period, eekual bionic GmbH is entitled to a subsequent delivery period of a maximum of 20 days. After expiry of the additional delivery period, withdrawal from the contract shall be deemed to have taken place to the exclusion of claims for damages.
(2) Transactions for delivery by a fixed date shall not be carried out.
(3) In case of justified complaints on defects, eekual bionic GmbH has the right to rectification of defects or delivery of defect-free replacement goods within 20 days after receipt of the returned goods.
(1) Claims for damages by you as the customer are excluded. Excluded from this are claims for damages by the purchaser arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by eekual bionic GmbH, its legal representatives or vicarious agents.
(2) In the event of a breach of fundamental contractual obligations, eekual bionic GmbH is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions in paragraphs (1) and (2) also apply in favour of the legal representatives and vicarious agents of eekual bionic GmbH if claims are made directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
(1) You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
(2) In order to exercise your right of revocation, you must inform us (eekual bionic GmbH, Marienstraße 25, 50825 Cologne, Germany, phone: +49 157 555 63 577, e-mail: marketing@eekual.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.
(3) In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.
(1) If you revoke this contract, eekual bionic GmbH must reimburse you for all payments received from you, including shipping costs (with the exception of other shipping costs), immediately and at the latest within fourteen days of the day on which eekual bionic GmbH receives notification of your revocation of this contract.
(2) For this refund, eekual bionic GmbH will use the same means of payment that you used for the original transaction (unless expressly agreed otherwise with you; under no circumstances will eekual bionic GmbH charge you for this refund).
(3) eekual bionic GmbH may refuse a refund until eekual bionic GmbH has received the goods back or until you have provided proof that you have returned the goods (whichever is earlier).
(4) You must return or hand over the products to eekual bionic GmbH without delay and in any case within fourteen days at the latest from the day on which you informed eekual bionic GmbH of the cancellation of this contract. The deadline is deemed to have been met if you dispatch the goods before the end of the fourteen-day period. You will bear the direct costs of returning the shoes.
(5) You shall only be liable for any loss in value of the goods if this loss in value is due to handling on your part that is not necessary for testing the nature, properties and functionality of the goods.
(1) For contracts for the delivery of personalized products, which are not prefabricated and whose production is based on your data and selections, the right of withdrawal does not exist from the beginning of production.
(2) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in your commercial or self-employed capacity when concluding the contract, there is no right of revocation.
(1) Contracts between eekual bionic GmbH and you as the purchaser shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Any disputes arising in connection with the order shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
(2) If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions, and the contract and these General Terms and Conditions shall otherwise remain valid for both parties.