Terms and Conditions
Terms of Service
1. scope
For all orders via our online store through consumers and entrepreneurs, the following terms and conditions apply.
Consumers is every natural person who concludes a legal transaction for purposes, which can be roughly attributed neither to their commercial nor their independent professional activity. Entrepreneurs is a natural or legal person or legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
Compared to entrepreneurs: the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; You will only become part of the contract if we have expressly approved.
2. contracting party, conclusion of contract
The purchase contract comes about with Doggyfix E.U. .
With setting the products in the online store, we give a binding offer for the conclusion of the contract via these articles. You can initially put our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose. The contract is concluded by clicking on the offer via the goods contained in the shopping cart. Immediately after submitting the order, you will receive a confirmation by e-mail again.
3. contract language
The languages available for the conclusion of the contract are German and English.
4 Terms of delivery
In addition to the specified product prices, shipping costs can be charged.
Austria and Germany: No shipping costs
Restl. EU: € 9,50
Worldwide shipping: € 29,50
Further provisions on possibly incurred shipping costs can be found in the offers.
We only deliver in shipping. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
A second delivery attempt is chargeable and will be recruited from the freight forwarder to the buyer.
Returns must be borne by the buyer or are attributed to the buyer.
5th payment
In our store, the following payment methods are always available:
Credit card
With the order of the order, enter your credit card details and the credit card company will carry out an authorization test. After legitimacy as a legitimate cardholder, the payment transaction is automatically performed and charged to its card.
PayPal
You will be forwarded to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered where, legitimize with your access data and confirm the order to us. After submitting the order in the store, we demand PayPal to initiate payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
6 Right of withdrawal
Consumers stands for the legal right of withdrawal as described in the cancellation policy. Entrepreneurs will not be granted a voluntary right of withdrawal.
Right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the consumer protection law can withdraw 14 days from receipt of the purchase without giving reasons.
It is sufficient if the declaration of resignation within the deadline is broadcast without giving reasons (to address office@doggyfix.com).
(2) In the case of the resignation, a refund of the purchase price only takes place by train against the decline of the goods received by the customer. Both the return of the goods and refund of the purchase price must be made within 14 days from the declaration of the withdrawal or return of the goods. Condition for this is that the goods are in unused and new resale condition. The costs of the return takes over the buyer.
(3) For articles impaired or damaged by traces of use, DoggyFix E.U. an adequate fee for the impairment. The same applies if accessories are returned to accessories (about straps, pölster, etc ...).
(4) Requests, information, data information and complaints is directed to the DoggyFix E.U. Email: office@doggyfix.com
7 Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following applies: We reserve the ownership of the goods up to the complete settlement of all claims from a current business relationship. You may resell the reserved goods in the ordinary business operations; All claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. They remain authorized to confiscate the claims, but we may also collect claims themselves insofar as they do not meet their payment obligations.
8. transport damage
For consumers: If goods are delivered with obvious transport damage, please apply such errors as soon as possible to the deliverer and please contact us immediately as possible. The failure of a complaint or contact has no consequences for its legal claims and its enforcement, in particular its warranty rights. But they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration goes on to you as soon as we have delivered the deal to the freight forwarder, the carrier or the person or the shipment to complete the shipment. Under merchants, the examination and complaint obligation regulated in § 377 HGB. If you refrain from the display controlled there, the goods are deemed approved unless it is a defect that was not recognizable during the investigation. This does not apply if we have a lack of fraudulently concealed.
9 Warranty and guarantees
Unless expressly agreed otherwise, the statutory warranty applies.
Defects that occur within one year from delivery of the goods can be asserted within the framework of the statutory limitation period of two years from the delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly produced stuff is one year from transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the claim entitlement remain unaffected.
Compared to entrepreneurs, as an agreement on the nature of the goods, only our own information and the product descriptions of the manufacturer included in the contract; We assume no liability for the manufacturer's public statements or other advertising statements.
If the supplied thing is inadequate, we will initially make contact with entrepreneurs after our choice by eliminating the defect (repair) or by delivery of a defect-free item (replacement).
The above restrictions and deadline reductions do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- In case of injury to life, body or health
- In intentional or grossly negligent breach of duty as well as malice
- For breach of contract, the fulfillment of which enables the proper execution of the contract and may rely on their compliance with the contractor (cardinal obligations)
- In the context of a guarantee promise, as far as agreed
- If the scope of the Product Liability Act is opened.
to any applicable additional guarantees and the exact conditions for information each time product and special information pages in the online store.
10. liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without restriction
- In case of injury to life, body or health
- In intentional or grossly negligent breach of duty
- For warranty promises, agreed, or
- If the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, whose fulfillment allows the proper implementation of the contract in all and on their compliance with the contracting parties regularly, (cardinal obligations) due to slight negligence of us, our legal representatives or vicarious agents the liability of the amount for the foreseeable future damage is limited, with the creation of which must be typically expected.
Incidentally, claims for damages are excluded.
11. disintegration
The European Commission provides a platform for online dispute resolution (OS). Consumers have the opportunity to use this platform for the settlement of their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship is at all, we are obliged to participate in dispute resolution procedures in front of a consignment line.
12. final provisions
If you are an entrepreneur, then Austrian law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, legal entity of public law or public-legislative funds, the exclusive place of jurisdiction for all disputes arising from contracts between us and our business office.
Jurisdiction:Commercial Court Vienna
Doggyfix E.U.
Jakob Stainer Gasse 27/1
1130 Vienna
+43 (0) 68 110 379 041
office@doggyfix.com
www.doggyfix.com
The terms and conditions are valid from 01.01.2019