Contract conditions within the framework of purchase contracts concluded via this online shop between Petsinboxes GbR, Crengeldanzstr. 76, 58455 Witten – hereinafter referred to as “Provider” – and the respective buyer – hereinafter referred to as “Customer”.
§ 1 Scope of application, definitions of terms
1. the business relationship between the webshop provider (hereinafter “provider”) and the customer (hereinafter “customer”) shall be governed by the following General Terms and Conditions in the version valid at the time of the order. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity.
2. consumer is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
The customer can select products from the assortment of the supplier and collect them via the button “Add to shopping cart” in a so-called shopping cart. Via the button “buy now” he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the “back button” in the browser to reach the page on which his data have been recorded. Input errors can be corrected here. The order process can be aborted by closing the Internet browser. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button “With your order you agree to our general terms and conditions and revocation provisions” and has thereby included them in his application.
2 The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the sales contract has come into being. Exceptions are payment methods with immediate payment (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung). If you have chosen such a payment method with immediate payment, the contract is concluded at the time of your confirmation of the payment order. If you have chosen the payment method prepayment, the contract is already concluded if you receive a payment request with the corresponding bank data before the acceptance declaration by us. With this payment request we accept your offer.
The supplier saves the contract text and sends the order data to the customer by e-mail. The general terms and conditions of the supplier can be viewed by the customer at any time also under https://petsinboxes.com/allgemeine-geschaeftsbedingungen/ Past orders can be seen in the customer area under https://petsinboxes.com/mein-konto/.
§ 3 Delivery, Shipping, Payment
In the case of payment in advance, the period for delivery shall commence on the day following the issue of the payment order to the transferring bank or, in the case of other payment methods, on the day following the conclusion of the contract and shall end on expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, such day shall be replaced by the next working day.
§ 4 Reservation of title
Until complete payment the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
1 The prices indicated on the website of the provider are final prices plus shipping costs. According to § 19 UStG we do not levy sales tax and therefore do not disclose it (small business status).
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
3. the dispatch of the commodity takes place via DHL. The shipping risk is borne by the supplier if the customer is a consumer.
§ 6 Payment modalities
1 The customer can make the payment by the following methods: Prepayment, credit card, direct debit or Paypal.
2. payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer comes already by omission of the date in delay. In this case, the Customer shall pay the Provider default interest in the amount of 5 percentage points above the base interest rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
4. vouchers can only be redeemed in the online shop of the provider. There will be no cash payment. Only one voucher can be redeemed per order. If after redemption of the voucher there is a remaining balance, this will automatically be credited to the customer account. The voucher as well as the remaining credit can be redeemed until the end of the third year after the date of issue. If the remaining credit is not redeemed by then, it expires. The voucher code must be entered in the fields provided before the order is completed. Subsequently, no settlement with the voucher is possible. The voucher is not personal and therefore transferable.
§ 7 Warranty for material defects, guarantee
1. the legal warranty rights exist for all goods from our shop.
2. the supplier is liable for material defects according to the valid legal regulations, in particular §§ 434 ff. BGB. In the case of entrepreneurs, the warranty period for items supplied by the supplier is 12 months.
3. an additional guarantee exists with the goods delivered by the supplier only if these were delivered expressly in the confirmation of order to the respective article.
§ 8 Liability
1. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages 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 fulfilment is necessary to achieve the objective of the contract.
2 In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer’s claims for damages arising from injury to life, limb or health.
3. the restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4 The provisions of the Product Liability Act shall remain unaffected.
§ 9 Notes on data processing
Data protection is particularly important to us. Therefore you will find our data protection declaration under a separate link on our homepage.
§ 10 Code of Conduct
The provider has subjected itself to the test criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prfkriterien_Stand_05.2018.pdf .
§ 11 Final provisions
1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of orders by consumers from abroad, mandatory regulations or the protection of the respective country of residence granted by court law remain in force and apply accordingly.
2 The competent court results from the legal regulations.
3 The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.
4 The language of the contract is German.
These General Terms and Conditions were created by www.gepruefter-webshop.de and are regularly checked for legal certainty. In the event of a warning, Geprüfter Webshop assumes full liability for the legal texts created.
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.