Terms of service
General Terms and Conditions
1. Overview
This website is operated by Octaviano. The terms “we”, “us” and “our” refer to Octaviano. Through this website we offer information, products and services.
Our online shop is operated via the e-commerce platform Shopify, which enables us to offer our products and services online.
By visiting our website or purchasing a product, you agree to these General Terms and Conditions and to our Privacy Policy. If you do not agree to these terms, you may not use our website or our services.
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2. Use of the website
By using our website, you confirm that you have reached at least the legal minimum age in your country of residence or have the consent of a parent or guardian.
You undertake to provide complete and correct information when placing orders, including your email address, billing address, shipping address and payment information.
You are responsible for keeping the login details for your customer account secure and for all activities carried out via your account.
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3. Products and product presentation
We strive to present all products on our website as accurately as possible. Nevertheless, colours, materials or details may differ slightly from the actual goods due to different screen displays.
All product descriptions and prices may be changed at any time without prior notice. We also reserve the right to remove products from our range at any time or to limit the quantity of certain products sold.
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4. Orders and conclusion of contract
By submitting an order, you make a binding offer to purchase a product.
The purchase contract is only concluded once we confirm your order and the payment has been processed successfully. We reserve the right to reject or cancel orders, for example in the event of incorrect prices, suspected fraud or unavailable products.
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5. Prices and payment
All prices on our website may be changed at any time without prior notice. The price applicable to your order is the price displayed at the time of the order.
Shipping costs are shown separately at checkout (free in Germany, €4.95 for Austria, €9.95 for other EU countries; made-to-measure shoes ship free of charge to all delivery countries). No customs duties apply within the EU.
You undertake to provide current and correct payment information for all orders and to pay the costs incurred in full.
All prices stated are final prices. As a small business within the meaning of § 19 UStG (German VAT Act), no VAT is shown.
In addition to the payment methods shown at checkout, we offer payment via Klarna. With Pay later (invoice), you receive the goods first and pay within the period specified by Klarna. Klarna’s terms additionally apply to payments via Klarna.
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6. Shipping and delivery
We deliver to Germany and to all other countries of the European Union. Delivery usually takes 1–3 working days within Germany and to Austria and 3–5 working days to other EU countries. For details, please see our shipping policy.
Delivery times are estimates only and may vary.
We accept no liability for delays caused by carriers, customs clearance or other circumstances beyond our control.
If you are a consumer, the risk of accidental loss and accidental deterioration of the goods only passes to you upon handover of the goods to you.
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7. Intellectual property
All content on this website, including texts, images, logos, graphics, designs and product descriptions, is the property of Octaviano or our partners and is protected by copyright and trademark law.
The use, reproduction or distribution of this content without our express written permission is not permitted.
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8. Use of third-party tools and links
Our website may contain functions or tools provided by third parties. We accept no responsibility for these services.
Our website may also contain links to external websites. We are not responsible for their content, privacy policies or the products and services they offer.
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9. Relationship with Shopify
Our online shop is operated via the Shopify platform. However, all purchases are made directly between you and Octaviano.
Shopify is not responsible for products, orders, deliveries or refunds processed through our shop.
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10. Data protection
All personal data that we collect via our website is processed in accordance with our Privacy Policy.
By using our website, you consent to the processing of your data in accordance with this Privacy Policy.
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11. Disclaimer
Our website and all services offered are provided in the form available at any given time. We do not guarantee that the website will always function without errors or interruptions.
You use our website at your own risk.
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12. Limitation of liability
To the extent permitted by law, we are not liable for indirect damages, consequential damages or lost profits arising from the use of our website or our products.
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13. Prohibited use
It is prohibited to use our website for unlawful purposes or in breach of applicable laws.
It is also not permitted to distribute malware, send spam or circumvent the security of our website.
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14. Termination of use
We reserve the right to block or terminate access to our website or our services at any time if these terms are breached.
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15. Severability clause
Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain valid.
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16. Applicable law
These General Terms and Conditions are governed by the law of the Federal Republic of Germany.
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence. The language of the contract is German; translations are provided for information purposes only.
17. Returns, exchanges and withdrawal
If your shoes do not fit, we will exchange them for a different size within 30 days of receipt. For deliveries to Germany, the exchange is free of charge; we cover the costs of the return and of shipping the new pair. For deliveries to other EU countries, you bear the cost of the return and we cover the shipping of the new size. The exchange only applies if you receive a new size. If the size you want is not in stock, we will reserve it and deliver it as soon as it is available.
In addition, we offer a voluntary 30-day money-back guarantee. For a return under this guarantee, you bear the cost of the return (Germany and EU).
In each case, the goods may at most have been tried on, must show no signs of use and must be returned in their original condition and in their original packaging. Made-to-measure products are excluded. Your statutory right of withdrawal and your statutory warranty rights remain unaffected. For details, please see our “Right of withdrawal” page.
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Contact information
If you have any questions about these General Terms and Conditions, you can reach us using the following contact details:
Luca Schmiel Gamarra, trading as: Octaviano Shoes
Email:
support@octavianoshoes.com
Address:
Luca Schmiel Gamarra
Wallotstraße 18
01309 Dresden
Germany
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