§ 1 scope
1. The following general terms and conditions apply exclusively to online orders for goods from Favorite Paw.
2. The version of these terms and conditions valid at the time of the order applies. Deviating regulations only apply if they have been confirmed in writing by Favorite Paw (cf. § 9 Final Provisions).
§ 2 Conclusion of the contract / data protection
1. With the online order, a binding purchase offer is submitted. The contract is concluded with the acceptance of the purchase offer. The acceptance by Favorite Paw takes place by sending an "order confirmation / invoice" in text form, i.e. by email or letter.
2. In principle, a contract is only concluded with customers who have reached the age of 18 and are therefore fully legally competent. An exception to this principle only applies with the prior, written consent of the legal representative, which must be available to Favorite Paw at the time the customer places the order.
3. With the submission of the data by the customer, Favoritpfote is entitled to save and process the data necessary for the business transaction in compliance with the Federal Data Protection Act and to pass it on to third parties insofar as this is necessary for the business transaction.
§ 3 delivery of the goods
1. Favorite paw delivers to delivery addresses within Germany. Deliveries outside of Germany only take place after prior agreement.
2. If a certain article is no longer available after the conclusion of the contract due to force majeure or other - even temporary - circumstances for which Favoritepfote is not responsible, or if sub-suppliers have not delivered on time or properly, Favoritepfote undertakes to inform the customer about the non-availability to inform. In this regard, Favorite Paw reserves the right to postpone delivery for the duration of the hindrance or, if an end of the hindrance is not in sight, to withdraw from the contract in whole or in part and to reimburse any consideration received immediately.
3. Favorite paw is entitled to partial deliveries. If a partial delivery is made without informing the customer in advance of the necessity or, in the case of a partial delivery, the total amount is already charged with the first delivery, the delivery charges (shipping costs) do not increase for the customer. If partial deliveries are commissioned by the customer, the shipping costs increase according to the number and cost of the delivery.
4. Delivery times and dates are only binding if they have been expressly agreed as such in writing. In this respect, they begin with receipt of the order confirmation / invoice by the customer with receipt of payment (see Section 2, Paragraph 1 of these General Terms and Conditions).
§ 4 Payment Due, Retention of Title
Prices and shipping costs:
1. The prices stated on the product pages are final prices.
2. In addition to the prices quoted, we charge a flat rate of 4.90 euros per order for insured shipping within Germany. Delivery costs for orders from abroad only on request.
The delivery takes place within Germany with DHL. In addition, the choice of the shipping route and the shipping method is at the discretion of Favorite Paw.
Partial deliveries are permitted, provided they are reasonable for the customer.
Payment is made in advance.
You are only entitled to offset if your counterclaims have been legally established by a court or are undisputed or have been recognized by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship.
Retention of title
The goods remain our property until they have been paid for in full.
1. Should you have to return goods to us, we would like to draw your attention to the fact that, in our mutual interest, only insured shipments can be taken back and ask for your understanding.
If the goods are damaged by improper handling or soiling, we reserve the right to acknowledge the complaint. Custom-made or unique items are excluded from the right to exchange or return.
Default, withdrawal from the contract
1. If the customer does not pay the purchase price in advance by bank transfer within 14 days after the conclusion of the contract and the sending of a proper invoice by Favorite Paw, he will receive a one-time payment reminder from Favorite Paw with a deadline. If the deadline set in the payment reminder expires without Favorite Paw being able to post an incoming payment, Favorite Paw is entitled to cancel the buyer's order and withdraw from the contract.
2. If the customer is in arrears with the payment, Favorite Paw is entitled to charge interest on arrears at a rate of 5 percentage points above the base rate, in this respect reference is made to the statutory provisions.
§ 5 Warranty
1. All products are handcrafted with the utmost care and accuracy.
If there is a defect in the goods within 6 months, Favorite Paw can be informed about it and a further course of action can be discussed. No guarantee is given for damage caused by the customer or his dog through personal negligence. The customer has to bear the shipping costs for sending and returning the goods.
2. The product images may differ from the appearance of the goods delivered, especially with regard to color and size. In particular, changes in the appearance and equipment of the goods can occur after the manufacturer's product range has been renewed. Claims for defects do not exist insofar as the changes are reasonable for the customer.
3. Should the delivered articles show obvious defects or manufacturing defects, including transport damage, this defect must be reported immediately to Favorite Paw or the employee of the deliverer who delivers the article.
Failure to make this complaint does not, however, have any consequences for the legal claims. For all defects of the purchased item occurring during the statutory warranty obligation, Favorite Paw will provide subsequent performance within a reasonable period, ie either provide a replacement delivery or remedy the defect. If the supplementary performance chosen by the customer is only possible at disproportionate expense, then Favoritpfote is entitled to provide another form of supplementary performance. If a reasonable deadline for supplementary performance has elapsed without result, the customer has the right to either cancel the purchase contract or reduce the purchase price. In this respect, reference is also made to the statutory provisions of §§ 433 ff. BGB.
4. If the customer decides to cancel the purchase contract, the mutually received services are to be returned and any benefits drawn are to be surrendered. If the customer, Favorite Paw, cannot return the service received in whole or in part, or can only return it in a deteriorated condition, the customer may have to compensate for the value. However, the deterioration caused by the intended use remains out of consideration.
§ 6 liability
1. Favorite paw is liable to the customer in cases of intent or gross negligence on the part of Favorite Paw or a representative or vicarious agent in accordance with the statutory provisions.
2. As for the rest, Favorite Paw is only liable for injury to life, limb or health or for culpable breach of essential contractual obligations. The claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. These regulations do not apply in the event of willful intent or gross negligence.
§ 7 Place of performance, place of jurisdiction, legal system
1. With regard to the conclusion of a contract with companies or corporations under public law, the place of performance for the delivery of the goods and the payment of the purchase price is agreed to be the headquarters of Favoritpfote in Hamburg and the place of jurisdiction in Hamburg. This agreement applies with the proviso that Favorite Paw remains entitled to sue at the customer's place of business or branch.
2. If the customer moves his domicile or his usual place of residence outside the area of application of the Federal Republic of Germany after the conclusion of the contract, then in principle the business seat of Favoritpfote is in Hamburg and the place of jurisdiction is Hamburg. This agreement also applies in the constellation in which the domicile or habitual residence of the buyer is not known at the time the action is brought.
3. The conclusion of a contract between Favorite Paw and the customer is subject to the law of the Federal Republic of Germany. The application of the UN sales law is excluded.
§ 8 Severability Clause
If individual provisions of these terms and conditions, including this regulation, are wholly or partially ineffective or if the terms and conditions contain a loophole, the remaining terms and conditions should not be affected and remain effective.
§ 9 final clause
All declarations by the contracting parties must be made in writing. This can also be done by email. This also applies to invoices issued by Favorite Paw