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General Terms and Conditions
Art. 1 Applicable Law
(1) These General Terms and Conditions shall apply to all business relations between shop4dogz.de Dr. Ute Baumeister, hereafter referred to as shop4dogz.de, and its customers, as defined at the time of conclusion of the contract.
(2) Our General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by shop4dogz.de in writing in individual cases.
Art. 2 Registration
(1) You do not need to register with shop4dogz.de in order to submit an order. By entering his data, the customer agrees to the privacy policy.
Art. 3 Formation of Contract, commission fee
(1) The description of shop4dogz.de's range of products on the Internet does not represent an offer to conclude a contract within the meaning of Art. 145 of the German Civil Code.
(2) By sending an email order to shop4dogz.de, the customer merely submits an offer within the meaning of Art. 145 of the German Civil Code. Receipt of the customer's offer will be confirmed by email. If individual information on the range of products on the web site is erroneous, shop4dogz.de shall inform the customer separately and submit an appropriate counter-offer to him.
(3) The contract with shop4dogz.de is formed with shop4dogz.de's acceptance of this offer. Acceptance will be given under the reserve of availability of the items or services ordered. A separate confirmation of the acceptance of the offer by shop4dogz.de to the customer shall not be necessary; the customer waives such confirmation within the meaning of Art. 151 / 1 of the German Civil Code. Should shop4dogz.de not be able to accept the customer's offer, the customer shall be informed electronically. shop4dogz.de reserves the right to reject orders without giving any reason.
(4) shop4dogz.de may demand a down payment for larger orders. The order will be processed upon receipt of the down payment.
Art. 4 Shipping & Handling
(1) shop4dogz.de shall deliver the ordered goods to the address indicated by the customer during the order process.
(2) The costs for deliveries shall be charged as shown in the individual orders. All risk and danger is transferred from the seller to the buyer upon delivery of the goods from shop4dogz.de to the respective carrier. (3) Estimates on delivery periods shall not be binding unless such time frame has been guaranteed to the customer in his individual case by shop4dogz.de.
(4) Any delivery times shall be given without guarantee. A cancellation of the order due to a delay in delivery that we had no control over shall not be authorized.
Art. 5 Conditional Sale
Until complete settlement of all claims against the customer, the delivered goods shall remain the property of shop4dogz.de.
Art. 6 Maturity and Payment
(1) shop4dogz.de accepts the payments methods presented to the customer during the order process only.
(2) The total price and possible commission fees and / or shipping and handling fees shall be due upon conclusion of contract.
(3) If the customer is in default of payment, shop4dogz.de shall be entitled to charge default interest at a rate of 5% above the individual base interest rate. This shall not affect shop4dogz.de's entitlement to claim any greater damages.
(4) The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment and are undisputed and recognized by shop4dogz.de.
Art. 7 Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention to conclude a contract within 14 days of receipt of the goods in written format (such as a letter, fax or email) without stating any reasons, or by returning the goods to shop4dogz.de. To comply with this term, it is sufficient to dispatch the withdrawal notice or the goods in time. Send withdrawal notices to:
shop4dogz.de
Dr. Ute Baumeister
Dockenhudener Str. 16
22587 Hamburg
Germany
Fax: (+49) 40 87971436
info@shop4dogz.de
In the case of valid withdrawal, services rendered by either party shall be restituted. If the customer can only return part of the goods delivered or none at all, or if the customer returns the goods with deterioration in quality, the customer shall make good the corresponding reduction in value. If the depreciation in value is solely caused by the inspection of the goods - as the customer could inspect goods at a store - the customer does not need to make up such reduction in value. Furthermore, the customer may prevent having to compensate for depreciation in value of returned goods by not using the items as if he already owned them and by preventing any action that may depreciate the goods' value. Goods that may be returned by mail shall be returned at our risk. Goods that cannot be returned by mail shall be picked up from the customer's. The customer must fulfill all requirements to obtain a refund within 30 days of dispatch of his withdrawal notice.
(2) The charges for the return of goods of a value of up to € 40,- shall be at the customer's expense, unless the goods or services rendered do not correspond with those ordered.
(3) In case of withdrawal, shop4dogz.de shall refund the purchase price, if already paid, to the customer. In accordance with 2 HS 1, any return charges paid by shop4dogz.de shall be deducted from the purchase price. With refunds to foreign countries, all transfer fees shall be deducted as well.
(4) In the case of considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding deduction in value or the loss to shop4dogz.de if he withdraws his order. If the customer has already paid the purchase price, shop4dogz.de shall be entitled to deduct the reduction in value from the amount repayable. In individual cases, the reduction in value may correspond with the purchase price.
(5) The right of withdrawal shall be barred:
a) with contracts for the delivery of goods manufactured according to the customer's specifications,
b) with contracts for the delivery of imported goods that are clearly marked as such in their detailed description.
c) Furthermore, the right of withdrawal shall be barred if the sealing has been damaged. Additionally, please refer Art. 312, paragraph 4 of the German Civil Code.
(6) In case of withdrawal and return rejection in accordance with Art. 312 d, paragraph 4 of the German Civil Code and in accordance with Art. 7 paragraph 5 of our General Terms and Conditions, the costs for the re-dispatch shall be at the customer's expense if he returns the goods to us.
(7) This term will be part of the order confirmation that will be sent to the customer by email.
Art. 8 Warranty of Quality
(1) According to the following rules, shop4dogz.de shall be liable for any defects existing upon delivery of the goods for a warranty period of 24 months.
(2) The customer shall notify shop4dogz.de of any possible defects immediately. If shop4dogz.de is liable for the defect, the customer may choose between having the defected goods repaired or replaced.
(3) If subsequent performance such as repair or replacement has failed, if shop4dogz.de refuses to or is not able to perform such services, or if shop4dogz.de can be held responsible for the delay of such services beyond an appropriate time frame, the customer is entitled to either the reduction of the purchase price or the withdrawal from the contract without prejudice to any claim.
Art. 9 Privacy
(1) Gathering and Processing of Personal Data
shop4dogz.de is committed to ensure the privacy of any person shopping on our site and to treat all personal information of its customers confidentially. This is based on applicable statutory provisions, such as the Federal Data Protection Act (BDSG) and the Information and Communication Service Act (IuKDG). The data obtained from you will be saved. However, you may request your personal information be deleted at any time; please email such request to info@shop4dogz.de.
(2) Use of Personal Data
We will exclusively use your personal information in order to fulfill the contract concluded with you.
(3) Sharing of Information
shop4dogz.de shall not transfer personal data to third parties. shop4dogz.de customers will only receive emails from shop4dogz.de when at least one order process has been completed.
(4) In order to have your user information deleted, please write to info@shop4dogz.de.
Art. 10 Limitations of Liability
(1) To the fullest extent allowed by law, shop4dogz.de will not be liable for any damages of any kind arising from intention or negligence, from fraudulent defect concealment, from assumption of a quality guarantee, for claims due to the product liability law and for physical damages.
(2) shop4dogz.de will only be liable for other kinds of damages when an obligation has been violated which would have been essential to the fulfillment of the contract purpose (Cardinal Duty), and when the damages of the goods is typical and to be foreseen by reason of the contractual application.
(3) In such case liability shall be limited to an amount twice as high as the purchase price paid in accordance with the contract.
(4) Advanced liability is excluded, especially for damages that did not occur on the goods itself, for loss of income or other financial losses to the customer.
Art. 11 Final Provisions
(1) These General Terms and Conditions are governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of goods.
(2) If the customer is a merchant, sole place of jurisdiction shall be Hamburg for all claims related to our business relations.
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