General Terms and Conditions (GTC)
for the sale of goods via we-sell-stock.com
As of: June 2026
§ 1 Scope, business-customer status
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the sale and delivery of goods (in particular shoes as overstock, clearance lots, discontinued, sample or warehouse goods) between Fitters Footwear GmbH, Am Schmalbach 4a, 35745 Herborn (hereinafter "Seller", "we") and its customers (hereinafter "Buyer").
(2) Our offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law. By registering or ordering, the Buyer confirms that it is acting in the exercise of its commercial or independent professional activity. There is no sale to consumers; there is no right of withdrawal.
(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Buyer do not become part of the contract unless we have expressly agreed to their validity in text form.
(4) These GTC, in their respective valid version, also apply to all future transactions with the Buyer without our having to refer to them again.
§ 2 Conclusion of contract, offers, bids
(1) The presentation of lots on the website, in e-mails, PDF offers or other documents does not constitute a binding offer, but rather a non-binding invitation to submit an offer. All offers and price details are subject to change and non-binding and apply subject to prior sale.
(2) If the Buyer submits a reservation, a bid or an order, it thereby makes a binding offer to conclude a purchase contract, by which it is bound for a reasonable period, but at least five (5) business days. Within the bidding/negotiation function, each bid or counter-offer of the Buyer constitutes such a binding offer.
(3) The contract is concluded only upon our express acceptance (order/reservation confirmation in text form, acceptance of a bid, or by execution of the delivery). Until then, we are free to decide whether and to whom we sell.
(4) Information on quantity, size run, sorting, colours and condition are approximate values customary in the industry. Images are exemplary and may differ from the specific lot.
§ 3 Prices
(1) All prices are in euros, net plus the applicable statutory VAT, unless otherwise agreed.
(2) Costs for packaging, shipping, transport, customs clearance and any other charges are borne by the Buyer, unless expressly agreed otherwise. In the case of collection, the Buyer bears the collection costs.
§ 4 Payment terms
(1) Unless otherwise agreed, delivery or provision for collection is made against payment in advance. The goods are only shipped or handed over after full receipt of payment.
(2) Deviating payment terms (e.g. invoice with payment term or instalments) require a separate agreement in text form and are granted exclusively by individual arrangement, in particular for existing customers.
(3) If the Buyer is in default of payment, we are entitled to demand default interest at the statutory rate (§ 288 BGB). The right to claim further damages remains reserved.
(4) The Buyer is only entitled to a right of set-off if its counterclaims have been legally established, are undisputed or have been acknowledged by us. The Buyer may only assert a right of retention on the basis of counterclaims arising from the same contractual relationship.
§ 5 Delivery, collection, passing of risk
(1) Delivery is made, by agreement, by shipping or collection. Delivery and provision dates are non-binding unless expressly designated as binding.
(2) The risk of accidental loss and accidental deterioration of the goods passes to the Buyer upon handover, or in the case of a sale by dispatch already upon delivery to the forwarder, carrier or other person designated to carry out the shipment (§ 447 BGB).
(3) If the Buyer fails to collect the goods within a reasonable period despite provision and request, the risk passes upon the start of the default of acceptance; we are entitled to charge reasonable storage/standing costs.
§ 6 Retention of title
(1) The goods remain our property until full payment of all claims arising from the business relationship.
(2) The Buyer is entitled to resell the reserved goods in the ordinary course of business. The Buyer hereby assigns to us, by way of security, all claims arising from such a resale in the amount of our outstanding claim; we accept the assignment.
(3) In the event of conduct by the Buyer in breach of contract, in particular default of payment, we are entitled to take back the reserved goods after a reminder; the Buyer is obliged to surrender them.
§ 7 Condition of the goods – clearance lots and B-grade goods
(1) We mainly sell overstock, clearance lots, discontinued, sample and warehouse goods as well as, where applicable, second-choice or used goods. Unless expressly designated otherwise, the goods are sold "as inspected" or in the offered sorting.
(2) Quantity, size, colour and sorting details are approximate values customary in the trade; minor deviations are customary in the industry and do not entitle the Buyer to complain. Original packaging, labels or boxes may be missing or damaged.
(3) If goods are expressly offered as "B-grade", "second choice", "returns", "used" or with a comparable designation, they show the usage or storage marks or defects typical of this; these do not constitute a defect.
§ 8 Duty to inspect, notice of defects, warranty
(1) The Buyer must carefully inspect the goods immediately after receipt and give notice of obvious defects as well as incorrect quantities/deliveries in text form without delay, at the latest within five (5) business days; hidden defects must be reported immediately upon discovery. § 377 of the German Commercial Code (HGB) applies.
(2) In the case of a justified and timely notice of defects, we will, at our discretion, provide subsequent performance by replacement delivery or a price reduction. If subsequent performance fails, the Buyer may reduce the price or withdraw from the contract.
(3) For the sale of used goods and goods expressly designated as B-grade/second choice, the warranty is – as far as legally permissible – excluded. Otherwise, the limitation period for claims for defects is shortened to twelve (12) months from the passing of risk.
(4) The condition of the goods is governed exclusively by the product/lot description. We do not assume any guarantee of quality or durability beyond this. Public statements or advertising by third parties (e.g. brand manufacturers) do not constitute an agreement on quality.
§ 9 Liability
(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of a guarantee assumed by us.
(2) In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
(3) Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees and vicarious agents.
§ 10 Intellectual property rights, resale
(1) The Buyer is solely responsible for compliance with all regulations on resale (in particular labelling, product safety, trademark and distribution regulations). The Buyer indemnifies us against claims of third parties arising from an improper resale for which the Buyer is responsible.
(2) Any selective distribution or distribution restrictions of the brand manufacturers are beyond our control; checking these is the Buyer's responsibility.
§ 11 Force majeure
Events of force majeure (e.g. natural events, strikes, official measures, shortages of energy/raw materials, transport disruptions, supply failures of our suppliers) release us from the obligation to perform for their duration. If the event lasts longer than eight weeks, both parties are entitled to withdraw.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is – insofar as the Buyer is a merchant, a legal entity under public law or a special fund under public law – our place of business in Herborn. We are also entitled to bring an action at the Buyer's general place of jurisdiction.
(3) The place of performance is our place of business, unless otherwise agreed.
(4) Amendments and additions to the contract require text form. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
Fitters Footwear GmbH · Am Schmalbach 4a · 35745 Herborn · Managing Director: Michael Müller · Wetzlar Local Court HRB 6838 · VAT ID DE300373592