AGB
General terms and conditions
1. scope
For all orders via our online store by consumers and entrepreneurs, the following GTC apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with Doggyfix e.U..
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language
The languages available for the conclusion of the contract are German and English.
4. delivery conditions
Shipping costs may apply in addition to the stated product prices.
Austria and Germany: No shipping costs
Restl. EU: €9,50
Worldwide shipping: €29,50
You can find out more about any shipping costs in the offers.
We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.
We do not deliver to packing stations.
A second delivery attempt is subject to a charge and will be passed on to the buyer by the carrier.
Return shipments must be borne by the buyer or will be offset to the buyer.
5. payment
In our store you can basically use the following payment methods:
Credit card
By submitting the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
6. right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
Right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from the purchase 14 days after taking delivery of the goods without giving reasons.
It is sufficient if the notice of withdrawal is sent within the deadline without giving reasons (to be addressed to office@doggyfix.com).
(2) In the event of withdrawal, the purchase price shall only be refunded concurrently with the return of the goods received from the Customer. Both the return of the goods and the refund of the purchase price must be made within 14 days from the declaration of withdrawal or return of the goods. The condition for this is that the goods are in an unused condition and can be resold as new. The costs of the return shipment shall be borne by the buyer.
(3) Doggyfix e.U. will charge an appropriate fee for the reduction in value of items that are damaged or impaired by signs of use. The same applies if accessories (such as belts, pads, etc...) are missing when returning the goods.
(4) Inquiries, information, data disclosure and complaints should be addressed to Doggyfix e.U. Email: office@doggyfix.com
7. retention of title
The goods shall remain our property until payment has been made in full.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
8. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. warranty and guarantees
Unless otherwise expressly agreed below, the statutory warranty shall apply.
Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse shall remain unaffected.
For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found in each case with the product and on special information pages in the online store.
10. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the event of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages shall be excluded.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (ODR). Consumers have the possibility to use this platform for the settlement of their disputes. To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. final provisions
If you are an entrepreneur, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
Place of jurisdiction: Vienna Commercial Court
Doggyfix e.U.
Jakob Stainer Gasse 27/1
1130 Vienna
+43 (0) 68 110 379 041
office@doggyfix.com
www.doggyfix.com
The GTC are valid from 01.01.2019