§ 1 Scope
1. If, within the ordering process, the customer chooses to have goods shipped to a delivery address specified by him, a contract shall be concluded with Dog's Heaven GmbH Seitzstraße 18 RG 80538 Munich Germany (hereinafter referred to as the "Seller").
2. These General Terms and Conditions shall apply exclusively to all contracts between the Seller and the customer. Deviating conditions of the customer shall not be recognized unless the Seller has agreed to their validity.
§ 2 Conclusion of Contract
1. The contract with the customer is concluded when the customer submits the order entered in the online shop by selecting the button "Buy now" as an offer to conclude a purchase contract to the Seller and the Seller accepts this offer by delivering the goods within a reasonable period of time.
2. The Seller reserves the right not to accept the respective offer, in particular in the event that the online shop contains typographical, printing or calculation errors which have become the basis of the customer’s offer, and in the event of interim price adjustments by suppliers.
3. The language available for concluding the contract is German. The contract text (GTC with individual order data of the customer) will not be stored by the Seller after conclusion of the contract and is therefore not accessible to the customer.
§ 3 Delivery of Goods
1. The goods shall be handed over by delivery to the delivery address specified by the customer. Any shipping costs incurred will be displayed to the customer in the online shop before completion of the order. In the case of deliveries abroad, the customer shall bear any additional taxes and duties incurred.
§ 4 Prices, Payment Terms, Invoice Dispatch, Retention of Title
1. All prices stated in the online shop include the statutory VAT.
2. The customer may choose between the payment methods offered during the ordering process. If the customer selects the offered direct debit procedure, he must issue the necessary SEPA direct debit mandate and ensure sufficient account coverage at the due date. For orders executed via direct debit, the customer will receive advance notification (prenotification) of the upcoming debit in the invoice sent by email. The advance notification shall be given in sufficient time so that there is one banking day between it and the debit. In the event of return or non-payment of a direct debit, the customer irrevocably authorizes the bank, upon conclusion of the contract, to provide the Seller with his name and current address. Processing fees for unjustified return or non-payment of a direct debit charged to the Seller by the Seller’s bank must be reimbursed by the customer.
3. The invoice for the customer’s order shall be sent exclusively by email.
4. Goods delivered to the customer within the scope of the shipping option shall remain the property of the Seller until full payment has been made.
§ 4 Subscription Conditions
1. If the customer concludes a contract with the Seller regarding a subscription, the customer shall — starting from the day of provision by the Seller, which is also the beginning of the first contractual month — receive in each contractual month, at the fixed price agreed per contractual month, a right to select from the assortment provided by the Seller.
Conclusion of a subscription is only possible for customers with a billing address in Germany or Austria. Each customer may not conclude another subscription during the term of his subscription.
2. The customer may select the stated products at any time within the respective contractual month.
3. The subscription contract is concluded for an indefinite period and may be terminated at any time. The right to extraordinary termination for good cause in accordance with Section 314 German Civil Code (BGB), for example in the event of payment default by the customer, remains unaffected. Any termination of the subscription must be declared in text form (by email or letter). The customer may also declare termination via the button "Cancel subscription" in his customer account.
§ 5 Right of Withdrawal for Goods
For contracts concerning the delivery of goods, the customer has the following right of withdrawal:
Withdrawal Information
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 named by you who is not the carrier have taken possession of the goods, if you ordered one or more goods as part of a single order and the goods are delivered jointly; — on which you or a third party named by you who is not the carrier have taken possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately; — on which you or a third party named by you who is not the carrier have taken possession of the last partial shipment or the last item, if you ordered goods delivered in several partial shipments or pieces; If several of the above alternatives apply, the withdrawal period shall not begin until you or a third party named by you who is not the carrier have taken possession of the last goods or the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us Dog's Heaven GmbH Seitzstraße 18 RG 80538 Munich Germany by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this reimbursement.
We may refuse reimbursement 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 without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which — are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
- To Dog's Heaven GmbH Seitzstraße 18 RG 80538 Munich Germany, Mail:
[email protected]
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of customer(s)
- Address of customer(s)
- Signature of customer(s) (only if notified on paper)
- Date
(*) Delete as appropriate.
§ 6 Warranty and Liability
1. Subject to the following paragraphs 2 to 4, the customer shall have the statutory warranty claims.
2. Claims for damages by the customer are excluded. This excludes claims for damages by the customer arising from injury to life, body 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 Seller, its legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer may regularly rely.
3. In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless claims for damages arise from injury to life, body or health.
4. The limitations of paragraphs 2 and 3 shall also apply in favor of the legal representatives and agents of the Seller if claims are asserted directly against them.
5. The provisions of the Product Liability Act remain unaffected, as do any claims arising from a guarantee assumed by the Seller or a third party regarding the quality of the item or that the item will retain a certain quality for a certain period.
§ 7 Miscellaneous
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence remain unaffected. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.