General Terms and Conditions of Steve Dogs GmbH

 

§ 1 Geltungsbereich und Anbieter

  1. These general terms and conditions apply to all orders in the www.stevedogs.de online shop.
  2. Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions also apply to entrepreneurs for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

 

§ 2 conclusion of contract

  1. The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
  2. By clicking the "Buy now" button, you are making a binding purchase offer. Immediately before placing this order, you can check the order again and correct it if necessary.
  3. After receiving your order you will receive a confirmation email from us. This is only a confirmation of receipt, a contract does not yet come into existence. A sales contract is only concluded when we expressly declare our acceptance of the sales contract or when we send the goods to you without express acceptance.

 

§ 3 prices

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website at steve- dogs.de/versandarten/.

 

§ 4 terms of payment; Default

  1. Payment can be made either by: prepayment, PayPal, cash on delivery, invoice, direct debit, credit card or cash on collection.
  2. The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment.
  3. The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment.
  1. If you choose to pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via your PayPal account, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
  2. If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually charged at the time we send the goods to you.
  3. When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.
  4. If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory default interest rate is 9 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.

§ 5 offsetting; Right of retention

  1. You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
  2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 delivery; Retention of title

  1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
  2. The goods remain our property until the purchase price has been paid in full.
  3. As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately. In addition, we must not have taken the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
  4. If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
  • We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
  • You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
  • If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
  • We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

 

§ 7 Warranty

  1. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims based on damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
  2. If you are an entrepreneur within the meaning of Section 14 BGB, the warranty period is one year from delivery of the goods.

 

§ 8 liability

  1. Unless otherwise stipulated in these terms and conditions, we are liable for damages due to a breach of contractual or non-contractual obligations or in the case of contract initiation only in the case of intent or gross negligence on the part of our legal representatives or vicarious agents and in the event of culpable breach of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, we are liable -

except in cases of willful intent or gross negligence on the part of our legal representatives or vicarious agents - only for foreseeable damage typical for the contract.

  1. § 8.1 does not apply to injury to life, body and health.
  2. Claims for personal injury or damage to privately used items under the Product Liability Act remain unaffected.

 

§ 9 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link https://ec.europa.eu/consumers/odr/.

We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.

 

§ 10 final provisions

If you are an entrepreneur, legal entity under public law or special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. Applicable law is exclusively German law.

Status: Juli 2020

 

See original German Conditions: https://bellfugio.de/agb/