Terms of service

1) Scope and contracting party

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the supply of goods concluded between a consumer or business customer (hereinafter “Customer”) and HF Digital Marketing UG (haftungsbeschränkt) (hereinafter “Seller”) relating to the goods presented in the “Puschies” online shop. The Customer’s own terms and conditions are hereby rejected unless otherwise agreed.

1.2 The Customer’s contracting party is:
HF Digital Marketing UG (haftungsbeschränkt)
Altewiekring 20a
38102 Braunschweig
Deutschland
Email: support@puschies.de

1.3 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise provided below.

1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

1.5 For the purposes of these GTC, a business customer (entrepreneur) is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after the Customer has placed their order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method in which payment is initiated immediately upon submission of the order (e.g. PayPal, credit or debit card, Apple Pay, Google Pay or instant payment methods), the contract is concluded, notwithstanding clause 2.3, at the point in time at which the payment is initiated.

2.5 The text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a customer account in the online shop before submitting their order, the Customer can access their order data there free of charge.

2.6 Before bindingly submitting the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function can be an effective technical means of better identifying input errors. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process. For personalized items, the Customer is asked to check the personalization details (e.g. name, spelling, colors) particularly carefully before completing the order.

2.7 The contract languages are German and the language selected by the Customer in the online shop. If the language versions differ from one another, the German version shall prevail unless mandatory consumer law provides otherwise.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address they provide is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal, including the option of declaring withdrawal online, can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (§ 312g(2) no. 1 BGB, German Civil Code). This applies in particular to items that are personalized according to the Customer’s specifications (e.g. with names or an individual choice of colors). If an order contains both personalized and non-personalized items, the right of withdrawal continues to apply to the non-personalized items.

3.4 The Customer’s statutory rights in the event of defects (clause 8) remain unaffected, including for personalized items.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description, on the shipping page and during the ordering process.

4.2 For deliveries to Switzerland, the Seller bears the customs duties, import VAT and the carrier’s customs clearance fees incurred; the Customer incurs no further costs for these. Regardless of the country of delivery, costs for money transfers by credit institutions (e.g. transfer or exchange rate fees) may be incurred if the Customer makes the payment from a country outside the European Union; the Seller is not responsible for these costs and they shall be borne by the Customer.

4.3 The payment methods available depend on the country of delivery. The payment methods offered for the respective country of delivery are displayed to the Customer in the online shop and during the ordering process. For this purpose, the Seller works with the payment service providers named below. Further information can be found on the Payment provider information page.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (hereinafter “PayPal”), whereby PayPal may also use the services of third-party payment service providers for this purpose. PayPal’s terms of use apply. If the Seller also offers payment methods via PayPal in which the Seller makes an advance performance to the Customer (e.g. purchase on account or payment in installments), the Seller assigns its payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the declaration of assignment, PayPal or the commissioned payment service provider carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment with discharging effect to PayPal or the commissioned payment service provider. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returned items, or credit notes.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected (credit and debit card, Apple Pay, Google Pay), payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. For payment by card, Apple Pay or Google Pay, the invoice amount is due immediately upon conclusion of the contract.

4.6 If a payment method offered via the “Mollie” payment service is selected, payment is processed via the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Niederlande (hereinafter “Mollie”). Depending on the country of delivery, further local payment methods are offered via Mollie, e.g. Klarna, BLIK or Przelewy24. The payment methods displayed to the Customer during the ordering process are decisive. Mollie may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately.

4.7 Klarna payment methods are offered via Mollie depending on the country of delivery. The provider of these payment methods is Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Schweden (hereinafter “Klarna”). For payment methods with deferred payment (e.g. invoice or installment purchase), use requires a successful address and credit check by Klarna; in this case, payment is made to Klarna. Klarna’s terms apply, which are displayed to the Customer during the ordering process for their country of delivery. Further information can be found on the Payment provider information page.

5) Delivery and shipping terms

5.1 The Seller delivers to the following countries: Germany, Austria, Switzerland, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Spain, Sweden and the Czech Republic. Delivery is made to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 Shipping costs and estimated delivery times for each country of delivery can be found on the shipping page and are displayed during the ordering process. Processing an order until it is handed over to the shipping service provider generally takes 1–2 working days.

5.3 Personalized items are only produced after the order has been placed, according to the Customer’s specifications. Production generally takes approx. 2–3 weeks, after which the shipping time depending on the country of delivery is added (see shipping page). If the Customer books the “Express” option, their order is given priority in production. The “Express” option does not include a specific delivery time or a specific delivery date.

5.4 If an order contains both personalized and non-personalized items, the Seller generally ships the items separately: the non-personalized items first, and the personalized items once they have been completed. In individual cases, the Seller decides whether the items are shipped separately or together. Separate shipping does not result in any additional shipping costs for the Customer.

5.5 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. With regard to the costs of the outbound shipment, this does not apply if the Customer effectively exercises their right of withdrawal. For the return costs, if the right of withdrawal is effectively exercised, the provision made in this regard in the Seller’s cancellation policy applies.

5.6 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorized to receive them. Notwithstanding this, the risk also passes to the Customer in the case of consumers as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned this person or institution to carry out the shipment and the Seller has not previously named it to the Customer.

5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.8 Self-collection is not possible for logistical reasons.

5.9 Vouchers are provided to the Customer by email.

6) Voluntary size exchange

6.1 In addition to the statutory right of withdrawal, the Seller voluntarily offers an exchange for a different size for shoes delivered to Germany. The exchange must be registered within 14 days of receipt of the goods via the returns portal. The return label and shipping of the new size are free of charge for the Customer. If the desired size is not available, the Seller will refund the Customer the purchase price of the returned item after receipt of the return.

6.2 All other items, personalized items and deliveries to countries other than Germany are excluded from the exchange.

6.3 The exchange is a voluntary service of the Seller to which there is no legal entitlement. The Seller may change or discontinue the offer at any time for future orders. For orders already concluded, the offer described in the online shop at the time of the order applies.

6.4 The voluntary exchange does not restrict the statutory right of withdrawal or the statutory rights in the event of defects; these apply independently of it.

7) Retention of title

If the Seller makes an advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

8.2 If the Customer acts as a business customer,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims based on defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.3 The limitations of liability and shortened periods set out above do not apply:

• to claims of the Customer for damages and reimbursement of expenses (clause 9 applies to these),
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness.

8.4 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, the Customer is asked to report delivered goods with obvious transport damage to the delivery company and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

9.1 The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.2 The Seller is liable without limitation on any legal grounds:

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability, for example under the Product Liability Act (Produkthaftungsgesetz).

9.3 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless there is unlimited liability pursuant to clause 9.2. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely (cardinal obligations).

9.4 Otherwise, any liability of the Seller is excluded.

9.5 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Discounts, discount codes and promotional vouchers

10.1 Vouchers and discount codes that the Seller issues free of charge as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the stated period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the promotion if a corresponding restriction results from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order. Whether a promotional voucher can be combined with a quantity or bundle discount is determined by the terms of the respective promotion.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder’s lack of entitlement, legal incapacity or lack of authority to represent.

10.11 Quantity and bundle discounts: If the Seller grants a price reduction only for the joint purchase of a minimum number of items or of a bundle, the reduction applies only as long as this condition is met. If the Customer withdraws from the contract for only some of the items and the condition is thereby no longer met, the reduction no longer applies to the items retained; they will be charged at the price that would have applied without the reduction at the time of the order. The difference will be offset against the refund amount, but at most up to the value of the returned item. The Seller does not demand any additional payment. The terms of the respective quantity or bundle discount are stated with the offer.

10.12 The right of withdrawal is not restricted by clause 10.11. If the Customer withdraws from the contract for all items of the order or of the bundle, the Customer will receive the full amount paid back in accordance with the cancellation policy.

11) Gift vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder’s lack of entitlement, legal incapacity or lack of authority to represent.

12) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s registered office.

14) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: September 26, 2026