General Terms and Conditions of Sequence Holding ApS (B2C and B2B2C)
1 Scope of application, contractual partners
1.1 The following General Terms and Conditions (hereinafter "GTC") apply to the purchase of shoe insoles (hereinafter "goods") from Sequence Holding ApS (hereinafter "Sequence"), via the website www.sequencesoles.com (hereinafter "Website") by customers (hereinafter collectively "Customer"). Within the scope of this purchase, Sequence partners act as representatives of the customer and order the goods on behalf of the customer.
1.2 The GTC govern the contractual relationship between Sequence and the customer, in particular the rights and obligations of the customer when purchasing goods offered by Sequence.
1.3 A purchase contract regarding the ordered goods is concluded between the customer and Sequence.
1.4 Upon conclusion of a contractual relationship, the customer agrees to these GTC.
1.5 The goods offered by Sequence are aimed at consumers. For the purposes of these GTC, a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 of the German Civil Code, BGB).
1.6 These GTC apply exclusively to the ordering and purchase of the goods offered. Deviating, conflicting or supplementary General Terms and Conditions do not become part of the contractual relationship between Sequence and the customer unless Sequence expressly agrees to them in writing.
1.7 The version of the GTC that is valid at the time the goods are ordered shall apply.
1.8 Insofar as these GTC have been translated into several languages, the German version shall prevail.
2 Goods, availability
2.1 The services offered by Sequence primarily relate to the manufacture and sale of shoe insoles for and to the customer. In this context, Sequence offers different variants of customized shoe insoles that are individually adapted to the customer's needs (hereinafter " individualized shoe insoles"), as well as generic shoe insoles that are not individually manufactured for the customer (hereinafter "generic shoe insoles").
2.2 Sequence is entitled to provide contractually owed services, in particular the manufacture of the goods and the (for the individualized shoe insoles necessary in advance) performance of measurements (this includes in particular an analysis of the customer's gait with the help of a so-called gait measuring plate), by cooperation partners and/or sales partners who work, for example, in sports centers or are employed as physiotherapists, orthopaedic technicians or doctors. The selection of cooperation partners and/or sales partners is at the discretion of Sequence.
2.3 All goods offered by Sequence are intended exclusively for private use. Use for personal or third-party commercial purposes is expressly prohibited.
2.4 The customer has no legal claim against Sequence for the achievement of a certain result (e.g. a certain "comfort level") due to the goods, in particular due to the use of Sequence shoe insoles. The goods have no specific medical purpose and are not medical products. Sequence therefore does not offer the insoles as a medical aid, but only as a self-paid service outside of statutory health insurance. Additional information provided in connection with the shoe insoles, e.g. "Active", are in particular not to be understood as guarantees. A guarantee is only granted if it has been expressly designated as such.
2.5 Sequence only sells goods to customers who have their habitual residence (billing address) in one of the following countries: Germany.
3 Ordering process, recognizing and correcting input errors
3.1 When purchasing goods, the sales partner can select individual goods on behalf of the customer by selecting or configuring them on the website and (if necessary) insert data that the sales partner has previously collected as part of an analysis of the customer's gait using a so-called gait measuring plate. After selecting the respective goods and entering the data, these can be checked and possible input errors can be detected. If input errors are detected, or if the selected goods should not be ordered, changes can be made by clicking on and adjusting the respective input. In addition, a selection or entry of data made can be completely discarded by clicking on the "Back" button of the Internet browser.
3.2 If the sales partner wishes to order the selected goods on behalf of the customer, he can add them to the shopping cart by clicking on "Add to cart". The shopping cart can be accessed at any time by clicking on the shopping bag icon at the top right of the website. Individual items from the shopping cart can be removed again or the number of goods can be changed. If the sales partner wants to order the items listed in the shopping cart for the customer, he can click the "Checkout" button. The sales partner will then be redirected to a Checkout-page to enter a billing address and select the payment method.
3.3 If all customer data has been entered by the sales partner and the payment method has been selected, the sales partner can check the selected goods for the customer for the last time.
3.4 By clicking on the "Buy now" button, the sales partner makes a binding offer on behalf of the customer to conclude a purchase contract (Section 433 et seq. BGB). The offer relates to all goods selected at this point in time.
4 Conclusion of contract, payment order
4.1 Sequence offers its goods via the website without obligation. In accordance with section 3.4, the sales partner submits a legally binding offer on behalf of the customer by clicking on "Buy now".
4.2 After receipt of the order at Sequence, the sales partner and the customer immediately receive an order confirmation by e-mail, in which the customer's order is listed again. This order confirmation does not constitute an acceptance of the customer's offer by Sequence, but only confirms the receipt of the customer's order by Sequence.
4.3 A binding contract for the goods selected by the customer is only concluded upon acceptance by Sequence in the form of a contract confirmation. The contract confirmation is sent to the customer by Sequence by e-mail and contains an invoice for the ordered goods.
5 Contract language, contract text
5.1 A contract can be concluded in German and English. Even if a contract is concluded in English, the version in German shall prevail in the event of contradictions.
5.2 Sequence does not save the text of the contract, but sends the customer the order data and the applicable GTC together with the order and contract confirmation by e-mail. In addition, the current GTC are available at www.sequencesoles.com and can be accessed, printed or saved. Beyond this, the text of the contract cannot be retrieved.
6 Prices, payment methods, prohibition of offsetting
6.1 The current prices for all goods offered by Sequence are published on the website. Sequence reserves the right to change the prices at any time.
6.2 Sequence prices include the applicable statutory value added tax.
6.3 If there is no purchase on invoice, payment for all goods offered is always made in advance.
6.4 The following payment methods are possible: Invoice, credit card or GooglePay. Sequence reserves the right not to offer certain payment methods in individual cases.
6.5 If a purchase on invoice has been agreed, the invoices are due for payment within 14 days of acceptance of the customer's offer by Sequence and receipt of the invoice by the customer.
6.6 The customer can always offset against Sequence claims insofar as the claims of the parties are based on the same contractual relationship and are reciprocal in accordance with Section 320 BGB. In addition, the customer may only offset Sequence's claims against undisputed or legally established counterclaims of the customer. This paragraph applies accordingly to the customer's rights of retention.
7 Cooperation of the customer
7.1 Insofar as a contract has been concluded between Sequence and the customer, the customer has the following obligations, depending on whether he wishes to purchase individualized or generic shoe insoles:
(i) It is the customer's responsibility to carry out the steps required for the production of the individualized shoe insoles. This includes, for example, carrying out a gait analysis and measuring the customer's feet using a gait measuring plate;
(ii) It is the customer's responsibility to authorize the sales partner to conclude a contract with Sequence;
(iii) If a sales partner is, for example, a doctor or other members of another medical profession, it is the customer's responsibility to release them from their duty of confidentiality where necessary;
(iv) When ordering goods, it is the customer's responsibility to allow the sales partner to forward personal data (including health data) collected by the sales partner for the execution of the order to Sequence. In this context, it is also the responsibility of the customer to allow Sequence to subsequently process the respective data for the further processing of the contractual relationship and for the production of the goods.
7.2 If the customer does not provide the required cooperation at all or not within or on the specified date, the period of time specified for the provision of services by Sequence will be extended accordingly, or the service owed by Sequence cannot be provided at all. Sequence will inform the customer of any adjustments to deadlines in text form, making reference to any failure to cooperate.
8 Call-off of goods, dispatch
8.1 Delivery dates or delivery periods are exclusively non-binding information, unless they have been expressly agreed as binding between the customer and Sequence.
8.2 Depending on the goods ordered, Sequence will send the goods ordered by the customer by post or make them available in some other way (e.g. by sending them to the sales partner).
8.3 Delivery shall be ex warehouse. This is also the place of performance for the delivery and any subsequent performance. Unless otherwise agreed, Sequence is entitled to determine the type of shipment (in particular transportation company, shipping route, packaging) itself. Any shipping costs are to be borne by the customer.
9 Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the following withdrawal policy.
9.1 Withdrawal policy
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, Sequence Holding ApS, with registered office at Industrivej 5, 6162 Bredebro, Denmark and business address at Industrivej 5, 6162 Bredebro, Denmark, telephone number: +45 31 75 73 11, e-mail address: info@sequencesoles.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You can use the attached sample withdrawal form. Use of the sample withdrawal form is not mandatory. You can also electronically complete and submit the model withdrawal form or another clear declaration on our website www.sequencesoles.com. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, 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 repayment.
You must return or hand over the goods to Sequence Holding ApS, Industrivej 5, 6162 Bredebro, Denmark immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us)
To
Sequence Holding ApS
Industrivej 5
6162 Bredebro
Denmark
info@sequencesoles.com
I hereby revoke the contract concluded by me for the purchase of the following goods:
- Ordered on: Received on:
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only for notification on paper)
Date:
9.2 Exclusion of the right of withdrawal There is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g para. 2 no. 1 BGB). This exclusion applies in particular to shoe insoles customized for the customer.
10 Warranty
The statutory warranty regulations apply.
11 Retention of title
The goods delivered to the customer (in particular individualized shoe insoles) remain the property of Sequence until full payment has been made.
12. Liability
12.1 Sequence always has unlimited liability (i) in the event of intent or gross negligence, (ii) for injury to life, limb and/or health, (iii) in accordance with the provisions of the Product Liability Act and/or (iv) to the extent of any guarantee assumed by Sequence.
12.2 Sequence is liable in cases of simple negligence for damages resulting from the breach of a material contractual obligation, limited to typical, foreseeable damages. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligations).
12.3 Sequence is not liable for damages resulting from
(i) unsuitable, improper and incorrect use,
(ii) natural wear and tear,
(iii) incorrect or negligent handling,
(iv) utilisation beyond that described by Sequence,
(v) chemical, electrochemical or electrical influences,
(vi) use in non-compliance with Sequence's instructions for use, and/or
(vii) improper modifications or repair work by the customer or third parties without the prior written consent of Sequence, unless Sequence is responsible for these damages.
12.4 Sequence does not accept any further liability.
12.5 The above limitations of liability also apply to breaches of duty by persons whose fault Sequence is responsible for in accordance with statutory regulations.
13 Final provisions, applicable law, information on out-of-court dispute resolution
13.1 Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The customer and Sequence undertake to jointly replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies to any loopholes in these GTC.
13.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law of the United Nations Convention on Contracts for the International Sale of Goods, if the customer has his habitual residence in Germany or his habitual residence is in a country that is not a member of the European Union. In the event that the customer has his habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
13.3 Sequence declares that it is not prepared to conduct dispute resolution proceedings in accordance with Section 36 of the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.
13.4 The online dispute resolution platform can be accessed via this link: http://ec.europa.eu/consumers/odr. This is a contact point for consumers who wish to settle disputes arising from contracts concluded on the internet out of court.
Contact details
The contact details of Sequence can be found in the legal notice at www.sequencesoles.com.
Status: December 2024