General, Customer Base, Delivery Area

  1. All offers, purchase contracts, deliveries, and services based on orders from our customers through our online shop www.skechers.com/de-de (hereinafter referred to as the "Webshop") are subject to these General Terms and Conditions.
  1. The product range in our Webshop is aimed equally at consumers and businesses, but only at end users and not at resellers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the German Civil Code BGB) and (ii) a "business" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 BGB).
  2. The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
  3. Contracts with the customer are concluded exclusively in German.
  4. Delivery is only made within Germany.

Conclusion of Contract

  1. Our offers in the Webshop are non-binding.
  2. By placing an order in the Webshop (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the product in question. The customer is bound to the offer until the expiry of the fifth working day following the day of the offer.
  3. We will send the customer confirmation of receipt of the offer immediately after receiving the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer (via email) or dispatch the goods. The purchase contract with the customer is only concluded upon our acceptance.
  4. Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation policy, which is communicated to them during the order process on our website, and to return the goods.

Prices and Payment

  1. Our prices include statutory VAT but do not include shipping costs.
  1. Payment is made exclusively by PayPal, KLARNA, Apple Pay, Google Pay, or credit card (AMEX, VISA, and Mastercard).
  2. The customer is not entitled to offset or retention rights unless the counterclaim is undisputed or legally established.

Dispatch of Goods and Transfer of Risk

  1. The goods are dispatched within 3-6 days as standard delivery. We strive for punctual delivery as far as commercially reasonable. Usually, we can meet the delivery periods, but timely delivery cannot be guaranteed. The period relevant for determining the shipping date begins on the day the purchase contract is concluded.
  2. Unless expressly agreed otherwise, we determine the appropriate shipping method and the transport company at our discretion.
  3. We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery time stated in the Webshop is therefore non-binding.
  4. If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer when the goods are delivered to the transport company.

Retention of Title

  1. We retain ownership of the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
  2. The customer is not entitled to resell the goods delivered by us under retention of title without our prior written consent.

Warranty

  1. If the delivered goods have a material defect, the customer can initially demand that we remove the defect or deliver goods free of defects; if the customer is a business, we can choose between remedying the defect or delivering a defect-free item. The choice can only be made by notification in text form (including by fax or email) to the customer within three working days after notification of the defect. We can refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost.
  2. If the subsequent performance according to No. 6. (1) fails or is unreasonable for the customer or we refuse subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, reduce the purchase price or demand compensation or reimbursement of his futile expenses. For the customer's claims for damages, the special provisions of No. 7 of these General Terms and Conditions also apply.
  3. The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
  4. The following applies only to businesses: The customer must carefully examine the goods immediately after dispatch. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or otherwise (ii) within five working days after discovery of the defect.

Liability

  1. We are not liable (regardless of the legal grounds) for damages that are typically not to be expected according to the nature of the respective order and goods and with normal use of the goods. The above limitation of liability does not apply in the case of intent or gross negligence, nor in the case of breach of essential contractual obligations, for our liability for guaranteed characteristics within the meaning of Section 444 BGB, due to injury to life, body or health or for our liability under the Product Liability Act.

Data Protection

  1. We may process and store data relating to the respective purchase contracts to the extent necessary for the execution and processing of the purchase contract and as long as we are obliged to keep this data due to legal regulations.
  2. We reserve the right to transmit personal data of the customer to credit agencies insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will also not otherwise pass on personal customer data to third parties without the customer's expressly declared consent, except to the extent that we are legally obliged to disclose data.
  3. We are not permitted to collect, transmit or otherwise process personal data of the customer for purposes other than those mentioned in this No. 8.

Applicable Law and Jurisdiction

  1. The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law regulations.
  2. If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Dietzenbach (Federal Republic of Germany) have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer can file a lawsuit before any court that has jurisdiction according to legal regulations.

Legal Notice

Link to the European Commission's platform in accordance with the Regulation on Online Dispute Resolution in Consumer Matters