GENERAL TERMS AND CONDITIONS
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between Edgy Pawfection, Ludwig-Thoma-Straße 5; 95447 Bayreuth - hereinafter referred to as the provider - and the customer, which are concluded via the website wwe.edgy-pawfection.com of the provider. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) Contract language is German / English. The complete contract text is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by the provider, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to the customer again by email.
§ 2 Subject matter of the contract
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the website of the provider.
§ 3 Conclusion of the contract
(1) The product representations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can make a binding purchase offer (order) via the online shopping cart system.
In doing so, the goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before sending the order, the customer has the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the button "order subject to payment", the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) is made by confirmation in text form (e.g. email), in which the processing of the order is confirmed to the customer.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, in part automatically. The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices, shipping costs
(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page, are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.
§ 5 Terms of payment and shipping
(1) The conditions for payment and shipping can be found under the link of the same name at the bottom of the page.
(2) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for a reason for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
§ 6 Return costs in the event of exercise of the right of withdrawal
In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, it is agreed that the customer shall bear the regular costs of the return shipment, unless the delivered goods do not correspond to the ordered goods.
§ 7 Right of Retention, Retention of Title
(1) The goods remain the property of the supplier until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, the following applies in addition:
a) The provider retains ownership of the goods until full settlement of all claims arising from the current business relationship. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount, which accrue to him from the resale, to the supplier accepting the assignment. The customer is further authorized to collect the claim. Insofar as he does not properly meet his payment obligations, the provider reserves the right, however, to collect the claim itself.
§ 8 Liability
(1) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of obligations.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 9 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relations with the Provider as well as the place of jurisdiction shall be the registered office of the Provider, insofar as the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction shall remain unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 10 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and Art. 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/ We are willing to participate in an out-of-court dispute resolution procedure.
You can reach us by email at firstname.lastname@example.org
§ 11 Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. Custom-made products, as well as special productions on request and measure are excluded from the exchange. The period begins at the earliest with receipt of the goods and a detailed instruction in text form. To meet the deadline, it is sufficient to send the revocation in time. The revocation is to be addressed to:
Edgy-Pawfection, Ludwig-Thoma-straße 5, 95447 Bayreuth, Germany
by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract.
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply if the deterioration of the goods is due exclusively to their inspection, as would have been possible for you in a store. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could reduce their value.
In the event of the exercise of the statutory right of revocation applicable to consumers in the case of distance contracts, it is agreed that the customer shall bear the regular costs of the return shipment, unless the delivered goods do not correspond to the ordered goods.
The right of withdrawal does not apply to goods that are made to customer specifications, i.e. products that are made according to your size specifications or color preferences, or are clearly tailored to personal needs or are not suitable for return due to their nature.