TERMS AND CONDITIONS
1. SCOPE
These General Terms and Conditions apply to all declarations of intent, contracts and legal transactions or actions similar to legal transactions between Dogaholic – Owner Alina Sophie Zenhäusern (subsequent named as “Dogaholic“) and the customer in the version valid at the time of the respective order when purchasing via the Dogaholic online shop.
The offers of the Dogaholic online shop covered by these General Terms and Conditions are directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) as Customers (hereinafter referred to as “Purchaser” or “Customer”). Customers within the meaning of these General Terms and Conditions are therefore natural persons who conclude purchases in the Dogaholic online shop for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
Any terms and conditions contrary to or deviating from these General Terms and Conditions shall not be recognised unless Dogaholic has given its express written consent to this effect. These General Terms and Conditions shall also apply if Dogaholic performs services without reservation in the knowledge of terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions. Individual contractual agreements take precedence over these General Terms and Conditions.
These General Terms and Conditions shall also apply to all future business relations with the Customer, even if they are not expressly agreed again. These General Terms and Conditions shall be deemed accepted by the Purchaser at the latest upon receipt of goods or services.
2. CONTRACTING PARTIES
The purchase contract is concluded with Dogaholic – Owner Alina Sophie Zenhäusern.
3. CONCLUSION OF THE CONTRACT, CONTRACT LANGUAGE
The presentation and advertising of items in the Dogaholic online shop does not constitute a binding offer to conclude a purchase contract. The Customer can initially place the products in the shopping basket without obligation and correct his entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process.
By sending an order via the Dogaholic online shop by clicking the “order button”, the Customer places a legally binding order. The Customer is bound to the order for a period of two (2) weeks after placing the order. The Customer’s right, if any, to revoke the order in accordance with Section 7. remains unaffected by this.
Dogaholic shall immediately confirm receipt of the order placed via the Dogaholic online shop to the Customer by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless acceptance is declared therein in addition to confirmation of receipt. A contract is only concluded when Dogaholic accepts the Customer’s order by means of a declaration of acceptance or by delivery of the ordered items.
If delivery of the goods ordered by the Customer is not possible, for example because the goods in question are not in stock, Dogaholic shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded. Dogaholic will inform the Customer of this immediately and reimburse any consideration already received without delay.
Dogaholic saves the text of the contract and sends the Customer the order data and the General Terms and Conditions by e-mail. The Customer can view the contract text in the Dogaholic Customer login.
The languages available for the conclusion of the contract are German and English.
4. PRICES, TERMS OF DELIVERY
All prices quoted in the Dogaholic online shop are final prices plus delivery / shipping costs. Due to the small business status according to § 19 UStG we do not charge the statutory value added tax and therefore we do not show this.
The shipping costs are indicated in the price details in the Dogaholic online shop. The price final price and applicable shipping costs is also displayed in the order mask before the Customer submits the order.
Dogaholic is entitled to make partial deliveries insofar as this is reasonable for the Customer.
5. PAYMENT
The purchase price and shipping costs are to be paid upon receipt of the goods, unless otherwise stated by Dogaholic.
In the Dogaholic online shop, the following payment methods are generally available to the Customer for the purchase price and shipping costs:
CREDIT CARD
When placing the order, the Customer simultaneously transmits his credit card data to Dogaholic. After the Customer has been legitimised as a legitimate cardholder, Dogaholic requests the Customer’s credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by the credit card company and the Customer’s card is charged.
PAYPAL
In the order process, the Customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the Customer must be registered there or register first, legitimise himself with his access data and confirm the payment instruction to Dogaholic. After placing the order in the shop, Dogaholic requests PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. The Customer will receive further instructions during the order process.
TRANSFER PAYMENT
If the advance payment method is selected, Dogaholic will provide the Customer with the bank details and deliver the goods after receipt of payment.
6. RESERVATION OF OWNERSHIP
The goods remain the property of Dogaholic until full payment has been made.
7. RIGHT OF REVOCATION
If the Customer is a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to his/her commercial or self-employed professional activity, he/she shall be entitled to a right of withdrawal in accordance with the statutory provisions.
If the Customer, as a consumer, makes use of his right of revocation in accordance with paragraph above, he shall bear the regular costs of the return shipment.
RIGHT OF WITHDRAWAL
The Customer has the right to revoke this contract within fourteen (14) days without giving reasons.
The withdrawal period is fourteen (14) days from the day on which the Customer or a third party named by him who is not the carrier has taken possession of the goods.
To exercise the right of withdrawal, the Customer must contact Dogaholic (e.g. by letter sent by post or e-mail), by means of a clear declaration of his or her decision to revoke this contract (Dogaholic – Alina Sophie Zenhäusern, Wirtsbreite 17, 80939, München, Germany, info@dogaholichandmade.com). The Customer may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. If the Customer makes use of this option, Dogaholic will send him/her confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF REVOCATION
If the Customer revokes this contract, Dogaholic shall repay to the Customer all payments received by Dogaholic from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by Dogaholic), without undue delay and at the latest within fourteen days from the day on which Dogaholic received notification of the revocation of this contract. For this repayment, Dogaholic shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall Dogaholic charge the Customer for this repayment. Dogaholic may refuse repayment until Dogaholic has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.
The Customer must return or hand over the goods to Dogaholic without delay and in any case no later than within fourteen (14) days from the day on which he has informed Dogaholic of the revocation of this contract. The deadline is met if the Customer sends the goods before the expiry of the period of fourteen (14) days.
The Customer shall bear the direct costs of returning the goods.
The Customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the Customer that is not necessary for testing the quality, characteristics and functioning of the goods.
The right of withdrawal does not apply for the delivery of goods which have been manufactured according to Customer specifications or which are clearly tailored to personal requirements.
SAMPLE CANCELLATION FORM
(If you wish to revoke the contract, please complete and return this form).
To Dogaholic – Alina Sophie Zenhäusern, Wirtsbreite 17, 80939 München, Germany, info@dogaholichandmade.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Date
Signature of the consumer(s) (only in the case of notification on paper)
8. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, the Customer is requested to complain about such defects to the delivery agent as soon as possible and to contact Dogaholic without delay. Failure to make a complaint or contact Dogaholic has no consequences for the Customer’s legal claims and their enforcement, in particular his warranty rights. However, the Customer shall assist Dogaholic in being able to assert its own claims against the carrier or the transport insurance.
9. WARRANTY, GUARANTEES, CUSTOMER SERVICE
Dogaholic is liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two (2) years and begins with delivery of the goods.
Any seller’s warranties given by Dogaholic for specific items or manufacturer’s warranties granted by the manufacturers of specific items shall be in addition to the claims for material defects or defects of title within the meaning of the paragraph above. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
The Dogaholic Customer service for questions, complaints and objections can be reached under the telephone number +49 17643223967 as well as by e-mail under info@dogaholichandmade.com.
10. LIABILITY
Dogaholic shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
In other cases, Dogaholic shall be liable – unless otherwise provided in the following paragraph – only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, Dogaholic’s liability is excluded subject to the provision in the paragraph below.
Dogaholic’s liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
11. SET-OFF, RIGHT OF RETENTION
The Customer is not entitled to offset claims of Dogaholic unless the Customer’s counterclaims have been legally established or are undisputed. The Customer is also entitled to offset against Dogaholic’s claims if he asserts notices of defects or counterclaims from the same purchase contract
As a Purchaser may only exercise a right of retention if his counterclaim arises from the same purchase contract.
12. COPYRIGHTS
Dogaholic holds copyrights to all images, films and texts published in the Dogaholic online shop. Use of the images, films and texts is not permitted without the express consent of Dogaholic.
13. APPLICABLE LAW, PLACE OF JURISDICTION
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr/. Dogaholic is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.