Conditions
General terms and conditions of business
Contractual terms and conditions within the framework of purchase contracts concluded via the platform: http://www.dogsmopolitan-shop.de
between
DOGSMOPOLITAN
Belsenstrasse 15
40545 Dusseldorf
Represented by:
Viola Jeschke
Contact:
Telephone: 0211/ 43 63 74 73
Email: hallo@dogsmopolitan.de
VAT identification number: DE297153192
â hereinafter referred to as âProviderâ â
and
the customer specified in § 2 of the contract
â hereinafter referred to as âCustomerâ â
getting closed.
1 Scope, definitions
(1) The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the web shop provider (hereinafter "provider") and the customer (hereinafter "customer"). Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
(1) The customer can select pet supplies from the provider's range, in particular for dogs, e.g. wet and dry food, chews, snacks, toys, leashes, collars, harnesses, blankets, beds, bowls and other products and collect them in a so-called shopping cart by clicking on the "add to shopping cart" button. By clicking on the "order with payment" button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "accept terms and conditions" button and has thereby included them in his application.
(2) The provider will then send the customer an automatic confirmation of receipt by
E-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data medium (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is stated for the respective goods in our online shop, it is 7 days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will immediately refund any payments already made by the customer.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in the Federal Republic of Germany.
4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
5 Prices and shipping costs
(1) All prices stated on the providerâs website include the applicable statutory value added tax.
(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.
(3) The goods will be dispatched by post. The risk of dispatch will be borne by the provider if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
6 Payment methods
(1) The customer can pay by direct debit, credit card, PayPal or in advance.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest. If the customer is a consumer, the default interest is 5 percentage points above the base interest rate. If the customer is a business, the default interest is 9 percentage points above the base interest rate.
(4) The customerâs obligation to pay default interest does not exclude the provider from claiming further damages caused by default.
7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.
(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the providerâs legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9 Cancellation policy
(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which the provider will inform them below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (3) contains a model cancellation form.
Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us at DOGSMOPOLITAN,
BelsenstraĂe 15, 40545 DĂŒsseldorf, Represented by: Viola Jeschke Contact: Telephone: 0211/ 43 63 74 73 Email: hallo@dogsmopolitan.de by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
ATTENTION ordering HYGGEBED:
Since each HYGGEBED is a one-off product that requires many hours of craftsmanship, it cannot be exchanged.
ATTENTION Ordering Zeeland Dog:
Since Zeeland Dog items are individually made and require many hours of craftsmanship, they cannot be exchanged.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
(2) The right of withdrawal does not apply in individual cases to foodstuffs which can spoil quickly within the meaning of Section 312 Paragraph 2 No. 2 of the German Civil Code (BGB) or whose expiry date has been quickly exceeded. This exception expressly refers only to such animal feeds which meet the aforementioned criteria.
(3) The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:
between
DOGSMOPOLITAN
Belsenstrasse 15
40545 Dusseldorf
Represented by:
Viola Jeschke
Contact:
Telephone: 0211/ 43 63 74 73
Email: hallo@dogsmopolitan.de
VAT identification number: DE297153192
â hereinafter referred to as âProviderâ â
and
the customer specified in § 2 of the contract
â hereinafter referred to as âCustomerâ â
getting closed.
1 Scope, definitions
(1) The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the web shop provider (hereinafter "provider") and the customer (hereinafter "customer"). Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
(1) The customer can select pet supplies from the provider's range, in particular for dogs, e.g. wet and dry food, chews, snacks, toys, leashes, collars, harnesses, blankets, beds, bowls and other products and collect them in a so-called shopping cart by clicking on the "add to shopping cart" button. By clicking on the "order with payment" button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "accept terms and conditions" button and has thereby included them in his application.
(2) The provider will then send the customer an automatic confirmation of receipt by
E-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data medium (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is stated for the respective goods in our online shop, it is 7 days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will immediately refund any payments already made by the customer.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in the Federal Republic of Germany.
4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
5 Prices and shipping costs
(1) All prices stated on the providerâs website include the applicable statutory value added tax.
(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.
(3) The goods will be dispatched by post. The risk of dispatch will be borne by the provider if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
6 Payment methods
(1) The customer can pay by direct debit, credit card, PayPal or in advance.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest. If the customer is a consumer, the default interest is 5 percentage points above the base interest rate. If the customer is a business, the default interest is 9 percentage points above the base interest rate.
(4) The customerâs obligation to pay default interest does not exclude the provider from claiming further damages caused by default.
7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.
(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the providerâs legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9 Cancellation policy
(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which the provider will inform them below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (3) contains a model cancellation form.
Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us at DOGSMOPOLITAN,
BelsenstraĂe 15, 40545 DĂŒsseldorf, Represented by: Viola Jeschke Contact: Telephone: 0211/ 43 63 74 73 Email: hallo@dogsmopolitan.de by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
ATTENTION ordering HYGGEBED:
Since each HYGGEBED is a one-off product that requires many hours of craftsmanship, it cannot be exchanged.
ATTENTION Ordering Zeeland Dog:
Since Zeeland Dog items are individually made and require many hours of craftsmanship, they cannot be exchanged.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
(2) The right of withdrawal does not apply in individual cases to foodstuffs which can spoil quickly within the meaning of Section 312 Paragraph 2 No. 2 of the German Civil Code (BGB) or whose expiry date has been quickly exceeded. This exception expressly refers only to such animal feeds which meet the aforementioned criteria.
(3) The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:
(If you want to cancel the contract, please fill out this form and send it back.)
You can download the form here Sample cancellation form To: DOGSMOPOLITAN,
BelsenstraĂe 15, 40545 DĂŒsseldorf, Represented by: Viola Jeschke Contact: Telephone: 0211/ 43 63 74 73 E-mail: hallo@dogsmopolitan.de â I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)â Ordered on (*)/received on (*)
â Name of the consumer(s)
â Address of the consumer(s)
â Signature of the consumer(s) (only if notification is on paper)
- Date
10 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customerâs consent, the provider will not use the customerâs data for advertising, market or opinion research purposes.
(3) The customer has the option of accessing, changing or deleting the data stored by him in his profile at any time by clicking on the "My data" button. Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed in printable form at any time on the provider's website by clicking on the "Data protection" button.
11 Final provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
BelsenstraĂe 15, 40545 DĂŒsseldorf, Represented by: Viola Jeschke Contact: Telephone: 0211/ 43 63 74 73 E-mail: hallo@dogsmopolitan.de â I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)â Ordered on (*)/received on (*)
â Name of the consumer(s)
â Address of the consumer(s)
â Signature of the consumer(s) (only if notification is on paper)
- Date
10 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customerâs consent, the provider will not use the customerâs data for advertising, market or opinion research purposes.
(3) The customer has the option of accessing, changing or deleting the data stored by him in his profile at any time by clicking on the "My data" button. Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed in printable form at any time on the provider's website by clicking on the "Data protection" button.
11 Final provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.