Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Reservation of Title
  7. Liability for Defects (Warranty)
  8. Special Conditions for the Processing of Goods Made According to Customer Specifications
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Code of Conduct
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Viola Jeschke, trading as "Dogsmopolitan" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless agreed otherwise.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer may also submit the offer by email or by telephone to the Seller.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer starts on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting a PayPal payment method during the online ordering process, the Seller confirms acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 After the conclusion of the contract, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

2.6 Before bindingly submitting the order using the Seller's online order form, the Customer can identify and correct any input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for concluding contracts. The specific language options are displayed in the online shop.

2.8 Order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that they can receive emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing are delivered, even if SPAM filters are used.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties).

5) Delivery and Shipping Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless otherwise agreed. For the transaction process, the delivery address specified by the Customer in the Seller's ordering process is decisive.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer exercises their right of withdrawal effectively, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable advance notice of the service.

5.3 Pick-up by the Customer is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

  • by email

6) Reservation of Title

6.1 The Seller retains ownership of the delivered goods until full payment of the purchase price owed for the goods has been received.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8) Special Conditions for the Processing of Goods Made According to Customer Specifications

Goods that are made according to customer specifications are clearly tailored to the personal needs of the Customer. Therefore, withdrawal or cancellation by the Customer is not possible once the order has been placed and the contract has been concluded.

9) Redemption of Gift Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The goods value must at least correspond to the amount of the promotional voucher. The Seller will not refund any remaining balance of the promotional voucher.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12) Final Provisions

12.1 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 Seller shall be the Seller's place of business.

12.2 The same applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if their place of residence or habitual residence is unknown at the time the action is filed.

12.3 Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.