Contract terms governing purchase contracts concluded via the internet platform at www.portusnovo.com
by and between
Portus Novo GmbH, Herbert-Weichmann-Straße 57, 22085 Hamburg, Germany, registered in the commercial register of the local court (Amtsgericht) of Hamburg under HRB 140522, represented by Ms Aileen Carmela dos Santos Teixeira de Sousa, VAT identification no.: DE305096666, – hereinafter the “Supplier”–
the customer designated in clause 1of the contract - hereinafter the “Customer” -.
Clause 1 Scope of application, definitions
(1) The business relationship between the Supplier, which runs a webshop at www.portusnovo.com (hereinafter the “Webshop”), and the customer shall exclusively be governed by the following General Terms and Conditions of Business in the version valid at the time of order placement. Deviating conditions of the Customer shall not apply unless the Supplier expressly consents to their validity in writing.
(2) The Customer is a consumer unless the predominant purpose of the goods and services ordered is to be seen in the Customer's commercial or self-employed professional activities. In contrast, each individual natural or legal person or partnership which has legal capacity that, upon conclusion of the contract, acts within the scope of its commercial or self-employed professional occupation is deemed an entrepreneur.
Clause 2 Conclusion of contract
(1) The Customer may select products from the Supplier's range, in particular shoes, garments and other accessories and collect these in what is called a shopping cart by clicking the button “Add to cart”. By clicking the button "Complete order", the Customer submits a binding application to purchase the goods that are in the Customer's shopping cart. The Customer may change and review the data at any time before the purchase order is sent. However, the application can only be submitted and transmitted if the Customer has accepted these contract terms by checking the box “I agree with the terms and conditions”, thereby including these in the application.
(2) Thereupon the Supplier will be shown a window containing an automatic acknowledgement of receipt which once again specifies the details of the Customer's purchase order. The automatic acknowledgement of receipt only documents that the Supplier has received the Customer's purchase order while it does not constitute an acceptance of the application. A contract is not brought about until the Supplier declares acceptance by sending a separate email (order confirmation). With this email or in a separate email, not later, however, than upon delivery of the goods, the Supplier will provide the Customer with the text of the contract (consisting of the purchase order, the terms and conditions and the order confirmation) on a durable data carrier (email or printout on paper) (confirmation of contract). The text of the contract will be stored with due regard to data protection.
(3) The language of the contract will be English.
Clause 3 Delivery, availability of goods
(1) Any delivery periods specified by the Supplier shall be counted from the time the order confirmation is issued, provided that the purchase price has previously been paid (except for purchase on account). Should the Webshop specify no or no deviating delivery period for a relevant product, the delivery period shall be at least 21 days.
(2) If the product designated by the Customer in the purchase order is only temporarily unavailable, the Supplier shall also inform the Customer thereof without undue delay in the order confirmation. Should the delivery period be delayed by more than three weeks, the Customer is entitled to withdraw from the contract. This shall not affect the Customer's statutory right of withdrawal (see clause 9 of these contract terms). Above and beyond the provisions contained herein, in this event the Supplier is also entitled to withdraw from the contract. If the right to withdraw from the contract is exercised, the Supplier will reimburse any payments already made by the Customer without undue delay.
(3) The following delivery restrictions apply: the Supplier will only deliver to Customers having their regular residence (invoice address) in one of the following countries and can specify a delivery address in the same country: all EU member states, the U.S.
Clause 4 Reservation of title
Until payment has been made in full, the goods delivered shall remain the property of the Supplier.
Clause 5 Prices and shipping costs
(1) All prices specified on the Supplier's website are quoted including the then applicable statutory value-added tax.
(2) The order form shall inform the Customer of the respective shipping costs which the Customer has to bear unless it exercises its right of withdrawal.
(3) The goods shall be shipped by post. The Seller shall bear the shipping risk provided the Customer is a consumer.
(4) In the event of a withdrawal, the Customer must bear the direct cost of return.
Clause 6 Terms of payment
(1) The Customer may pay via instant transfer (Sofortüberweisung), PayPal or credit card (only MasterCard, VISA and American Express).
(2) The Customer may change the mode of payment specified in the Customer's user account at any time.
(3) Payment of the purchase price shall be due immediately upon conclusion of the contract. If a due date has been specified by reference to the calendar, the Customer shall already be in default of payment if the due date is missed. In this event the Customer must pay the Supplier default interest in the amount of 5 percentage points above the base rate.
(4) The Customer's obligation to pay default interest shall not preclude the Supplier from asserting further damage caused by default.
Clause 7 Warranty of quality, guarantee
(1) The Supplier shall be liable for defects of quality pursuant to the relevant statutory provisions, in particular sections 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch - BGB). The warranty period towards entrepreneurs regarding products delivered by the Supplier shall be twelve months.
(2) The Supplier shall not be bound by any additional guarantee for the goods delivered by the Supplier unless such guarantee was expressly assumed in the order confirmation for the relevant product.
Clause 8 Liability
(1) The Customer shall not be entitled to claim damages. This shall not apply to damage claims of the Customer due to loss of life, physical injury or loss of health, or from the breach of material contractual obligations (cardinal duties), and neither to liability for other damage resulting from the intentional or grossly negligent violation of duties of the Supplier, the Supplier's legal representatives or vicarious agents. Material contractual obligations are obligations that must be fulfilled to achieve the purpose of the contract.
(2) If material contractual obligations are violated, the Supplier shall only be liable for the foreseeable damage typical of this type of contract if such damage was caused by slight negligence, unless the Customer's damage claims arise from the loss of life, physical injury or loss of health.
(3) The restrictions specified in paras. 1 and 2 of this clause shall also apply to the benefit of the Supplier's legal representatives and vicarious agents if claims are directly asserted against these.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz - ProdHG) shall remain unaffected.
Clause 9 Instructions on withdrawal
(1) As a rule, consumers have a statutory right of withdrawal if they conclude distance contracts, about which the Seller informs as follows in compliance with the model provided by the legislator. Para. 2 provides for a model withdrawal form.
(2) In compliance with the statutory provisions, the Supplier shall provide information about the model withdrawal form as follows:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier designated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform Portus Novo GmbH, Herbert-Weichmann-Straße 57, 22085 Hamburg, Germany, email firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent per post, fax of email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you with all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement that you used for the initial transaction, unless otherwise expressly agreed with you; under no circumstances will you incur fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you furnished evidence of having sent back the goods, whichever is earlier.
You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you notified us of your withdrawal from this contract. This deadline shall be deemed met if you send back the goods before the period of fourteen days has expired.
We shall bear the direct cost of returning the goods within Germany. You shall bear the direct cost of returning the goods from all other countries.
You shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
Portus Novo GmbH
22085 Hamburg, Germany
— I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract
of purchase of the following goods (*)/for the provision of the following
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if notification is given on paper)
(*) Delete as appropriate
Clause 10 Final provisions
(1) Contracts between the Supplier and the Customer shall be governed by the laws of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory regulations of, in particular, the state in which the Customer has its regular residence shall remain unaffected.
(2) Should the Customer be a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier shall be the place where the Supplier has its registered office.
(3) The remainder of the Contract shall remain binding even if individual provisions are legally invalid. The invalid provisions, if any, shall be replaced with statutory provisions. However, should this cause undue hardship for one of the contractual parties, the Contract shall become invalid in its entirety.