General Terms and Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you have with us as a provider on the website dogisawesome.com; dogisawesome.es; close dogisawesome.eu. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
DOG IS AWESOME® either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, patents, etc. found on this website, or has permission to use afore DOG IS AWESOME®. You acknowledge that using another’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property is against the law and may violate DOG IS AWESOME®, or a valid third party owner’s, rights. You also understand that unauthorized use of such content may lead to personal, and possibly criminal, liability. Therefore, by accessing and using this website, you agree to the rights and restrictions of use as set forth under this Agreement. You may create a link to this website without DOG IS AWESOME® prior consent, however you may only do so provided you agree to cease such a link immediately upon request from DOG IS AWESOME®.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for sale are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping basket" and make changes there at any time.
After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Postpay, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or you will first be directed to the provider's website Immediate payment system forwarded.
If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "order with payment" you declare legally binding the acceptance of the offer, whereby the contract comes about.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Individually designed goods
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims of third parties asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and assume no liability for errors.
(4) Insofar as we create texts, images, graphics and designs for you in the context of individual design, they are subject to copyright.
Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted.
Unless otherwise agreed, we transfer to you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to any third party privately or commercially.
The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
§ 4 Special agreements to offered payment methods
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 Warranty
(1) The statutory warranty rights exist.
(2) Insofar as you are an entrepreneur, contrary to para. 1:
a) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.
§ 7 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance you can regularly trust.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 8 Choice of law
(1) Swiss law applies. For consumers, this choice of law applies only insofar as this does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
E-Mail: [email protected]
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German / English.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically via the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print or electronically secure.
4. Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website, or in the respective offer, will be shown separately in the course of the ordering process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date, as well as any existing delivery restrictions can be found under a corresponding button on our website, or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, the delivery and shipment takes place at your risk.
7. Legal Right of Liability
7.1. The liability for defects for our goods is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.