1. Scope of application
1.1. The business transaction and delivery are conducted exclusively in accordance with the following Terms and Conditions.
1.2. Provisions on behalf of the ordering party that contradict or deviate from the following Terms and Conditions shall not apply.
1.3. Stated deadlines that include business days refer to all weekdays excluding Saturdays, Sundays and German bank holidays.
2. Access to the contract text and the Terms and Conditions
2.1. We keep the contract text on file and send you the order data by email. Orders can be viewed in your account provided you have created one. If you have not created an account, you will not be able to retrieve them on the Internet for security reasons.
2.2. You can view, print and save the Terms and Conditions at https://asphaltgold.de/en/terms-and-conditions/. Use the save and print functions of your Internet browser (e.g. File > Save as or e.g. File > Save Page As).
3. Contract conclusion / Delivery provisions
3.1. The products displayed on the ASPHALTGOLD.de online store do not represent a legally binding offer but a non-binding online catalogue. By clicking “Buy Now!” at the end of the order process you are making a legally binding purchase of the merchandise in your shopping cart. After this, ASPHALTGOLD sends an order confirmation via email. This email is not an acceptance and does not conclude a contract. A contract is considered as concluded with the delivery confirmation/shipping confirmation via email by ASPHALTGOLD. Solely the products listet in this email are part of the sales contract.
3.2. Our online database is continually updated to ensure the availability of the products offered in the store. ASPHALTGOLD reserves the right to cancel the sales contract if ASPHALTGOLD was not supplied correctly or in due time, is not responsible for the lack of availability in spite of a congruent hedging transaction, and if ASPHALTGOLD did not assume the procurement risk. We are committed to inform you right away in case an item becomes unavailable, in which case we will promptly refund any advance payments made.
4. Payment / Prices
4.1. The available payment methods can be viewed separately under “Payment & Shipping“. We do not accept payment via mailed in cash or cheques.
4.2. You agree to bear the costs in case of charge backs or any other payment cancellations made without your authorisation.
4.3. All prices stated on the asphaltgold.de online store are in euros and include statutory VAT. Shipping and packaging costs are added in accordance with our price list, which you can view under “Payment & Shipping“. Potential customs duties incurred by delivery to non-EU countries have to be covered by you.
5. Direct debit purchase; SEPA direct debit; processing fee for charge backs
5.1. If the direct debit purchase method is selected, the payable amount is due 14 days after shipment and will be withdrawn from the cheque account of the bank given in the order process by our external partner Billpay GmbH. You hereby authorise Billpay GmbH to use SEPA direct debit to withdraw due payments and will instruct your bank to cash the direct debits. Billpay’s Creditor Identifier is DE19ZZZ00000237180. The Mandate reference will be provided later by email along with a template for a written mandate. Additionally, you will sign a written mandate and send it to Billpay.
Note:You may request a refund for the debited amount within eight weeks starting from the debit date. In this context the provisions agreed with your bank shall apply. Note that the due claim also remains in case of charge backs. Visit https://www.billpay.de/sepa for more information.
The advance information concerning the SEPA direct debit will be sent to the email address you provided at least one day before the due date.
If the cheque account shows insufficient funds, the bank is not obligated to cash the amount. Partial cashing does not occur in the direct debiting process.
5.2. The direct debit purchase method is not available for all offers and requires, among other things, a successful credit assessment conducted by Billpay GmbH as well as a German cheque account. If a successful credit assessment has been carried out and the direct debit purchase is made available, the payment process will be handled in cooperation with Billpay GmbH, to which we will assign the payment claim. Payment with discharge of debt shall in this case be made to Billpay GmbH only. Should you select the direct debit purchase via Billpay, we remain responsible for any customer queries (e.g. merchandise, delivery time, shipment), returns, claims, declarations of revocation or credits if direct debit purchase via Billpay is selected. The Terms and Conditions of Billpay GmbH shall apply.
By specifying a cheque account, you confirm that you are authorised to conduct direct debit payments with the relevant cheque account and will ensure that the account shows sufficient funds. Charge backs result in considerable efforts and costs for Billpay GmbH and us. In case of charge backs (due to insufficient funds of the cheque account, due to cancelled cheque accounts or unauthorised objection by the account holder) you authorise Billpay to submit a further debit request for the due payment obligation. Should this occur, you are obligated to cover the extra costs incurred due to the charge back. The right to recurring claims remains reserved. You have the possibility to present proof stating that the charge back resulted in lower or no costs at all. Given the effort and costs incurred by charge backs, and to avoid processing fees, we ask that you do not object to direct debits resulting from revocation or cancellation of the sales contract, returns or claims. In this case we will coordinate with you and handle the refund process by issuing a refund via bank transfer or credit. Cancellation does not restrict your rights as a consumer. This amendment however does not guarantee that a court will not declare the phrasing as ineffective.
Shipping costs are always kept up to date and can be viewed under a separate page “Shipping Costs“. If delivery takes place in partial shipments, we will of course only bill you once.
7. Transport damage
ASPHALTGOLD assumes the risk of transport. Please contact us if you receive merchandise that has been damaged during transport. To do so, you can send an email to email@example.com or call us at: +49 (0)6151 – 62 92 10, or send a fax to: +49 (0)6151 – 62 92 121, or stop by our store at Friedensplatz 4 in 64283 Darmstadt during our opening hours.
8. Worldwide shipping / customs duties
Customs duties generally do not apply to orders within the European Union (EU).
Exceptions to this rule are all areas that do not belong to the customs territory of the European Union: prior to buying from our site please inform yourself in regards to the prevailing customs regulations in your area.
Outside of the European Union import taxes and fees are generally charged on items imported from the European Union.
All fees can be raised on imported items by the respective land of destination according to the local prevailing customs regulations. This applies to all items sold from the European Union to a country outside of the European Union. It also applies to all items sold from the European Union to a country within the European Union with special terms in regards to customs regulations.
Tax fees are to be paid by the purchaser himself and the purchaser has to manage all administrative issues himself. This implies collection of the purchased items at the customs office as well as completion of formalities.
More precise information regarding the customs regulations and the respective amount of customs fees are to be inquired at the responsible customs office prior to placing an order.
9. Warranty / Notice of defects
9.1. Statutory warranty rights for merchandise apply.
9.2. Please report obvious defects to ASPHALTGOLD immediately, or at the latest within 2 weeks after delivery using the above mentioned contact methods.
9.3. ASPHALTGOLD strives for customer satisfaction and will thus promptly investigate your claim and get back to you as soon as possible. If you contacted ASPHALTGOLD by email and have not heard back from us within 5 days, we ask you please kindly contact us once more. In rare cases, an email can get caught in a spam filter (on our side or yours) or might not reach ASPHALTGOLD for other reasons. This does not restrict your rights as a consumer.
10. Cancellation right
Consumers within the EU have the right to cancel the contract in accordance with applicable laws, which you can find separately under “Cancellation policy“.
If the contractual declaration is revoked, meaning that you will return the merchandise to ASPHALTGOLD, please ensure that you send back the shoes in the same type of packaging you received them in. Box in box – i.e. shoebox in shipping carton. This request however does not represent a mandatory condition to effectively exercise your cancellation right. If your return is free of charge, we will include a return label for you to send back the merchandise free of charge. This request also does not represent a mandatory condition to effectively exercise your cancellation right.
11. Reservation of ownership
11.1. We reserve the right of ownership of the purchased item until the invoice amount has been paid in full.
11.2. If you are an entrepreneur performing your commercial or independent business activity, a legal entity under public law or special fund under public law, we reserve the right of ownership of the purchased item until all open claims from the business transaction have been settled. The corresponding security rights are transferable to third parties.
We commit to release the securities we are entitled to on your request, provided that the realisable value of the securities of the ordering party exceeds the claim to be secured by more than 20%. The selection of securities to be released remains at our discretion.
12.1. We carry full liability for damages resulting in injury to life, body or health, warranties for the quality of the purchased item, fraudulent omission of defects and claims in accordance with the product liability laws.
12.2. Notwithstanding anything in Clause 11.1, our liability is excluded for slightly negligent breaches of duties if no essential contractual obligations are affected that enable the proper contract fulfilment in the first place and/or whose violation jeopardises the achievement of the contract’s purpose and which the customer regularly relies on (so-called cardinal duties). This also applies to relevant breaches of duties of our vicarious agents.
12.3. Our liability for slightly negligent breaches of cardinal duties is limited to damage or loss that is reasonably foreseeable during conclusion of the contract.
13. Rights of use
13.1. The web page of the online store www.asphaltgold.de as well as its underlying sub-pages and the logos depicted are subject to copyright laws. The images included are in all likelihood protected in accordance with Article 2 Section 5 of the German copyright law, in which they are defined as photographic works or works that have been produced similarly to photographs, or at least in accordance with Article 72 of the German copyright law as photographic images or works that have been produced similarly to photographic images. ASPHALTGOLD holds the exclusive rights of use for them.
13.2. Publications, reproductions and distributions that are based on the protected intellectual property are only permitted with express written consent by ASPHALTGOLD.
14. Final clauses
14.1. The law of the Federal Republic of Germany applies to all business transactions or other legal relationships entered with ASPHALTGOLD. The United Nations Convention on the International Sales of Goods (CISG) as well as other intergovernmental treaties, even if implemented into German law, do not apply.
14.2. Contracts that do not fall under the categories of professional or commercial activities of the eligible party (consumer contracts) are only subject to this governing law to the extent that the ensured protection is not revoked due to mandatory provisions set forth by the law of the state in which the consumer is usually located.
14.3. If the buyer is an entrepreneur, then all disputes stemming from the contractual relationship are to be settled by the court of jurisdiction in Darmstadt.
14.4. The contract language is German.
14.5. The right to compensation is only granted if your counterclaim has been legally validated, not disputed or acknowledged by us. Furthermore, you are only entitled to the right of retention if and as long as your counterclaim is based on the same contractual relationship.
14.6. If the customer defaults in making any payments to us, then all other existing claims will become due immediately.
15. Information on Online Dispute Resolution
The European Commission provides an Internet platform for online settlement of disputes (so-called “ODR platform”). The ODR platform should act as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising, serving from online sales contracts.
You can find the platform at https://ec.europa.eu/consumers/odr
16. Severability clause
If individual provisions of the contract including its regulations become ineffective, either in part or fully, or if the contract proves to have any unforeseen omissions, the effectiveness of the remainder of the provisions or parts of such remains intact. The relevant legal regulations shall apply in place of the ineffective or missing provisions.