General Terms and Conditions

§ 1 General Provisions

(1) These terms and conditions apply to all contracts, deliveries and other services between you as the customer and us, Joe Nimble GmbH, 71638, Ludwigsburg support@joe-nimble.com (hereinafter: "Seller"), relating to the online shop www.joe-nimble.com and all sub-domains belonging to this domain. Deviating provisions of our customers do not apply unless we, as Seller, have confirmed this in writing. Individual agreements between us as Seller and you as customer shall always take precedence.

(2) Our business relationships are governed exclusively by the law of the Federal Republic of Germany. If you are a consumer, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which you, as a consumer, have your habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) The language of the contract is German.

(4) The place of jurisdiction is Stuttgart, provided you are a merchant or a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or if your domicile or habitual residence at the time the action is filed is unknown.

(5) We deliver to all countries worldwide, unless official or legal restrictions, e.g. due to embargoes or sanctions lists, preclude delivery.

§ 2 Contract Content and Conclusion of Contract

(1) We offer you new goods, primarily shoes, for purchase in our online shop www.joe-nimble.com.

(2) When shopping in the online shop, a purchase contract is concluded through our acceptance of your order as Seller. Price listings in the online shop do not constitute an offer in the legal sense. Receipt and acceptance of your order will be confirmed to you by email.

(3) The contract text can no longer be viewed after the order has been placed. We therefore ask you to save the contract text.

§ 3 Prices, Shipping Costs, VAT and Payment

(1) For orders placed through the online shop, the prices stated there apply. All prices include statutory VAT.

(2) Prices are exclusive of shipping and packaging costs, which will be disclosed to you before you place your order. The amount of the shipping costs depends on the weight and dimensions of the goods as well as the desired destination: see https://www.joe-nimble.com/int/shipping-costs/

(3) Delivery by us is made, according to your wishes, against the following payment methods:

Prepayment (via PayPal, credit card payment, pay by bank)
Purchase on account (Klarna)

(4) If you default on your payment obligations, we may claim damages in accordance with the statutory provisions and/or withdraw from the contract.

(5) We will always issue you an invoice, which will be handed to you upon delivery of the goods or otherwise sent to you in text form.

§ 4 Delivery and Transfer of Risk

(1) Unless otherwise agreed in the contract, the ordered goods will be delivered to the address specified by you. Delivery is made from our warehouse.

(2) The availability of individual goods is stated in the item descriptions. Goods available in stock will be shipped, unless expressly agreed otherwise, within 5 working days after payment. If, in a sale via the online shop, the goods are marked as not in stock, we will endeavor to deliver as quickly as possible. Our information on delivery times is non-binding, unless a delivery date has exceptionally been bindingly confirmed by us.

(3) We reserve the right to make partial deliveries, provided this appears advantageous for prompt processing and the partial delivery is not exceptionally unreasonable for you. Any additional costs arising from partial deliveries will not be charged to you.

(4) We further reserve the right to be released from the obligation to perform the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery fails to occur, in whole or in part. This reservation of self-supply applies only if we, as Seller, are not responsible for the failure of delivery, which is always the case insofar as a congruent covering transaction was concluded with our supplier in good time to fulfil the contractual obligations. If the goods are not delivered, we will inform you of this without delay and reimburse any purchase price already paid as well as shipping costs.

The risk of accidental loss and accidental deterioration of the goods passes to you upon handover. If you are an entrepreneur, in the case of a sale by dispatch, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes already upon delivery of the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment.

§ 5 Retention of Title

The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that you are a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of your commercial or independent professional activity, this also applies beyond that to the ongoing business relationship until all claims owed to us in connection with the contract have been settled.

§ 6 Right of Retention

You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 7 Liability for Material Defects and Defects of Title

(1) To the extent that defects exist, you are entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are party to the contract, Sections 377 et seq. of the German Commercial Code (HGB) shall apply in addition.

(2) Damage caused by improper handling by you during installation, connection, operation, or storage of the goods does not give rise to a warranty claim against us. Instructions for proper handling can be found in our descriptions and those of the manufacturer.

(3) Defects must be reported by you to us within a warranty period of two years for new items or one year for used items. If you are an entrepreneur, the warranty period for new items is one year. For used items, the warranty is excluded for entrepreneurs. The above limitations of liability do not apply insofar as we, as Seller, have fraudulently concealed a defect or have assumed a guarantee for the condition of the goods, and do not apply to your claims for damages arising from injury to life, body, or health caused by a defect for which the Seller is responsible, or that are based on intentional or grossly negligent breach of duty by the Seller or its vicarious agents.

(4) If defects exist and have been asserted in time, we are entitled to subsequent performance. If the subsequent performance fails, you are entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions apply.

§ 8 Obligations to Provide Information in the Event of Transport Damage

If goods are delivered with obvious damage to the packaging or contents, you should, without prejudice to your warranty rights (§ 7), complain about this immediately to the forwarding agent/carrier and contact the Seller without delay by email or other means (fax/mail) so that the Seller can assert any rights against the forwarding agent/carrier.

§ 9 Limitation of Liability

(1) Outside of liability for material defects and defects of title, we as Seller are liable without limitation insofar as the cause of damage is based on intent or gross negligence. We are also liable for the slightly negligent breach of material obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely), but in each case only for foreseeable damage typical for this type of contract. We, as Seller, are not liable for the slightly negligent breach of obligations other than those stated above.

(2) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body, or health, for a defect after assumption of a guarantee for the condition of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If our liability as Seller is excluded or limited, this shall also apply to the personal liability of our employees, representatives, and vicarious agents.

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 named by you who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Joe Nimble GmbH, 71638, Ludwigsburg, support@joe-nimble.com, 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 may use the attached sample withdrawal form, although this is not mandatory.

You can also electronically fill in and submit the sample withdrawal form or another clear statement on our website www.joe-nimble.com. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. We may refuse reimbursement 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 without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract, to us or to ___________________________________ [insert, if applicable, the name and address of the person authorized by you to receive the goods]. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.

Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it back to us:

To Joe Nimble GmbH, 71638, Ludwigsburg, support@joe-nimble.com:

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/the provision of the following service (*) .....................................

Ordered on (*)/received on (*) ......................

Name of consumer(s) ...........................

Address of consumer(s) ...........................

Signature of consumer(s) (only if this form is notified on paper) ...........................

Date ...........................

...........................

(*) Delete as applicable.