Terms & Conditions

Terms & Conditions
 
Contractual conditions within the framework of sales contracts that are made via the platform: http://www.dogsmopolitan.de and http://www.dogsmopolitan-shop.de

between

DOGSMOPOLITAN
Belsenstrasse 15
40545 Düsseldorf

Represented by:
Viola Jeschke

Contact:

Phone: 0211/43 63 74 73
Email: hallo@dogsmopolitan.de

VAT identification number: DE297153192

- hereinafter referred to as "provider" -

and



the customer named in § 2 of the contract
- hereinafter "customer" -

getting closed.



1 Scope, Definitions

(1) For the business relationship between the web shop provider (hereinafter "provider") and the customer (hereinafter "customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity.

2 contract

(1) The customer can select pet supplies, especially for dogs, e.g. wet and dry food, chewing items, snacks, toys, leashes, collars, harnesses, blankets, beds, bowls and other products from the supplier's range and use the button "Put in the shopping cart" collect in a so-called shopping cart. With the button "order with obligation to pay" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt via
E-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation ). The text of the contract is saved in compliance with data protection.

(3) The contract is concluded in German.

3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 7 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will not make a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments already made by the customer.

(4) The following delivery restrictions exist: The provider only delivers to customers who have their habitual residence (billing address) in the Federal Republic of Germany.

4 retention of title

The delivered goods remain the property of the provider until full payment has been made.

5 Prices and Shipping Costs

(1) All prices indicated on the provider's website are inclusive of applicable taxes.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
The prices stated on the product pages include VAT and other price components.

In addition to the prices stated, we charge a flat rate for delivery within Germany 5,99 euros per order. From a purchase value of 99,00€ we ship within Germany free shipping.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer has to bear the direct costs of the return.

6 payment modalities

(1) The customer can make payment by direct debit, credit card, PayPal, or prepayment.

(2) The customer can change the payment method saved in his user account at any time.

(3) 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, the customer is already in default by missing the date. In this case, he has to pay the provider default interest. If the customer is a consumer, the default interest is 5 percentage points above the base rate. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

7 Warranty for material defects, guarantee

(1) The provider is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Compared to entrepreneurs, the warranty period on vendor-supplied stuff 12 months.

(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.

8 liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, 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, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor 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 remain unaffected.

9 cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Right of cancellation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier took physical possession of the goods To exercise your right of withdrawal, you must inform us
DOGSMOPOLITAN,
Belsenstrasse 15, 40545 Düsseldorf
Represented by: Viola Jeschke
Contact: Telephone: 0211/43 63 74 73
Email: hallo@dogsmopolitan.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

ATTENTION order HYGGEBED:
Since every HYGGEBED is a one-off production with many hours of craftsmanship, it cannot be exchanged.

ATTENTION order Zeeland Dog:
Since Zeeland Dog articles are custom-made with many hours of craftsmanship, they cannot be exchanged.


Effects of Withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

They bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



(2) In individual cases, the right of withdrawal does not apply to foodstuffs that can spoil quickly within the meaning of Section 312, Paragraph 2, No. 2 of the German Civil Code, or whose use-by date has been exceeded quickly. This exception expressly relates only to feed that meets the aforementioned criteria.

(3) The provider informs about the model withdrawal form according to the legal regulation as follows:

Model cancellation form (If you want to cancel the contract, please fill out this form and send it back.)
You can download the form here to download a sample withdrawal form— To: DOGSMOPOLITAN,
Belsenstraße 15, 40545 Düsseldorf, represented by: Viola Jeschke Contact: Phone: 0211/43 63 74 73 E-Mail: hallo@dogsmopolitan.de - I / we (*) hereby revoke the information I / we (*) concluded contract 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)

- Signature of the consumer (s) (only when notified on paper)

- date


10 Notes on data processing

(1) The provider collects customer data as part of the processing of contracts. He particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider will not use the customer's data for purposes of advertising, market research or opinion polls.

(3) The customer has the option at any time to call up the data he has saved under the "My data" button in his profile, to change or delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time using the “Data protection” button.

11 Final Provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Sales Convention.

(2) If the customer is a merchant, a legal person 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 provider is the domicile of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.