General Terms and Conditions of PFOTEN&NASEN GmbH
§ 1 Scope and definitions
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These General Terms and Conditions (GTC) apply to all contracts between PFOTEN&NASEN GmbH (hereinafter "Seller") and consumers within the meaning of Section 13 of the German Civil Code (BGB) (hereinafter "Customers"). These GTC apply exclusively unless the Customer has expressly agreed to deviating provisions in writing.
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"Consumer" within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
§ 2 Conclusion of contract
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The contract is concluded upon acceptance of the customer's order by the seller. Acceptance can be explicit (e.g., by order confirmation) or implicit (e.g., by shipping the goods).
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The seller reserves the right to refuse orders without giving reasons.
§ 3 Delivery and shipping
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The goods will be delivered to the delivery address specified by the customer. The risk of loss of the goods passes to the customer as soon as the goods are handed over to the customer or the customer defaults on acceptance.
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The delivery time is usually five working days. This period begins upon receipt of the order confirmation by the customer. In the event of delivery delays, the seller will notify the customer immediately.
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Shipping costs depend on the type and quantity of the ordered goods. Shipping costs will be displayed to the customer before completing the order.
§ 4 Payment
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The purchase price is due immediately without deduction.
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The customer can pay the purchase price in advance, by bank transfer, PayPal or cash on delivery.
§ 5 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Pfoten&Nasen GmbH, Marienstr. 17, 46284 Dorsten, Germany, info@pfotenundnasen.de , telephone: 0172 652 1433) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form (If you wish to cancel the contract, please fill out this form and return it.) – To Pfoten&Nasen GmbH, Marienstr. 17, 46284 Dorsten, Germany, info@pfotenundnasen.de – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if notification is made on paper) - Date |
Return labels
Without prejudice to your statutory rights, we will provide you with free return labels for your return within Germany. The return label will be enclosed with your shipment.
§ 6 Liability for defects
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The seller is liable for material defects in the goods in accordance with the statutory provisions.
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The customer must inspect the goods for defects immediately upon receipt. Obvious defects must be notified to the seller in writing within 7 days of receipt of the goods.
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The seller reserves the right to repair or replace the defective goods at his discretion.
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If the subsequent performance fails, the customer may, at his discretion, reduce the purchase price or withdraw from the contract.
§ 7 Limitation of Liability
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The seller’s liability for slightly negligent breaches of duty is excluded.
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The seller's liability for material damage in connection with the delivery of the goods is limited to the foreseeable, contract-typical extent.
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The seller’s liability for other damages, in particular consequential damages, consequential damages and financial losses, is excluded.
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The above limitations of liability do not apply to personal injuries or damages resulting from grossly negligent or intentional breach of duty by the seller.
§ 8 Data Protection
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The seller processes the customer’s personal data to fulfill the contract.
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The customer can request information about his stored data at any time and request the deletion of his data, provided that there are no statutory retention periods to the contrary.
§ 9 Final provisions
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The contract is subject to German law.
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The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Seller.