§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders you place with the online shop pawdorable.de, Julia Büchel.
(2) The goods offered in our online shop are exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can view and print the currently valid General Terms and Conditions on the website.
(6) Information on the right of withdrawal and returns can be found on our page "Cancellation Policy & Returns".
(7) Information on data protection can be found in our "Privacy Policy".
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding offer for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button ["Order with obligation to pay" / "Buy"] you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can review the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (acknowledgement of receipt). This acknowledgement of receipt does not yet constitute acceptance of your purchase offer. A contract is not concluded by the acknowledgement of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under "Delivery & Shipping".
§ 4 Terms of Payment, Default
(1) Payment can be made by: Invoice in advance, credit card, Paypal or direct debit.
(2) We reserve the right to choose the available payment methods. In particular, we reserve the right to offer you only selected payment methods, for example, only advance payment to secure our credit risk.
(3) If you choose advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). Your credit card account will be actually debited at the time we ship the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. Further information can be found during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) In the case of payment by direct debit, you may have to bear those costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by you.
(7) If you are in default of payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. For every reminder sent to you after the occurrence of default, a reminder fee of EUR 2.50 will be charged, unless a lower or higher damage is proven in individual cases.
§ 5 Set-off/Right of Retention
(1) You only have a right to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 6 Delivery
Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) We are exceptionally not obliged to deliver the ordered goods if we have ordered the goods ourselves properly but have not been supplied correctly or in time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will refund any payments already made without delay. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and from the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following additionally applies: - We reserve title to the goods until full settlement of all claims arising from the current business relationship.
Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods. - You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves. - In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. - We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Damage in Transit
(1) If goods are delivered with obvious damage in transit, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to complain or contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance company.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (Sections 433 et seq. BGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the liability period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims for damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely (cardinal obligation), as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications: - Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. - You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded. - In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the moving corresponds to the intended use of the goods. - If the subsequent performance fails twice, you can demand a reduction in price or withdraw from the contract at your discretion. - The warranty period is one year from delivery of the goods.
§ 9 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents. The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order first without the involvement of a court. The dispute resolution platform can be reached at the external link http://ec.europa.eu/consumers/odr/. We endeavor to settle any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a mediation procedure and unfortunately cannot offer you participation in such a procedure. We do not voluntarily participate in any arbitration proceedings.
§ 10 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall remain unaffected.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you are habitually resident remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Copyright: HÄRTING Rechtsanwälte