General Terms and Conditions of Business

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Nicole Daum-Hornung) via the Internet site http://www.mydogssuit.com . Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods and / or the provision of services to things of you.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase and / or repair services are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data and the payment and shipping terms, the order data will finally be displayed as an order overview.

If you choose an instant payment system (e.g. PayPal / PayPal Express) as the payment method, the order will be processed immediately.If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.

Before submitting the order, you have the option to check the information in the order overview again, to change it (also using the "back" function of the Internet browser) or to cancel the order. cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and do not accept any liability for errors in this respect.

§ 4 Performance of services

(1) If services are the subject of the contract, we owe the individual services resulting from the item description. We provide these to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate insofar as further information must be made available to us in order to provide the service. In particular, you shall provide us with the relevant item for the performance of the service.

(3) You shall bear the costs of sending your item to us.

(4) If you exercise your right of termination pursuant to § 648 S. 1 BGB, we may demand 10% of the agreed remuneration as a lump-sum payment if performance has not yet commenced. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You reserve the right to prove that we have actually incurred no costs or significantly lower costs.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

§ 7 Choice of Law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. Customer Information

1. Identity of the seller/provider

Nicole Daum-Hornung
Marielies-Schleicher-Str. 6L
63743 Aschaffenburg
Germany
Phone: 01707565379
E-mail: hallo@mydogssuit.com


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available athttps://ec.europa.eu/odr.

2.Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. Contract language is German .

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form sent, for example, by e-mail, which you can print out or save electronically.

4.Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment modalities

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual methods of payment, the payment claims arising from the contract concluded are due for payment immediately.

6.Terms of delivery

6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
As far as services to things of you are the subject matter of the contract and as far as in the respective offer or under the correspondingly designated button no other period is specified, the performance of the service, including delivery of your item for shipment within 3-5 days after receipt of your item by us (in case of agreed advance payment, however, only after the time of your payment instruction).

6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

7Legal Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

8. Cancellation

8.1 Information on the cancellation of the contract and the cancellation conditions can be found in the "Services" provision in our General Terms and Conditions (Part I), as well as in the respective offer.

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 01.01.2022