Terms of service
General terms and conditions with customer information
1) SCOPE OF APPLICATION
1.1 These general terms and conditions (hereinafter"GTC") of Katharina Zöchling, acting under"COOPER Dogs"(hereinafter"seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") with the Seller with regard to the goods displayed by the seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employedAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs firstThe period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form after submitting his order along with these terms and conditions (e.g.B.Email, fax or letter)In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.
2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screenThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made by email and automated order processingThe customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) RIGHT OF WITHDRAWAL
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales taxAny additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method"SOFORT"is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT")In order to be able to pay the invoice amount via"SOFORT", the customer must have an online banking account with PIN/TAN that has been activated for participation in"SOFORT". confirmThe payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more detailed information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contractThe credit card payment method is processed in cooperation with secupay AG, Goethestr6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claimSecupay AG collects the invoice amount from the specified credit card account of the customerIn the event of an assignment, payments can only be made to secupay AG with a debt-discharging effectThe credit card is charged immediately after the customer order has been sent in the online shopEven if the payment method credit card payment is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g.on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.
5) DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address specified in the seller's order processing is decisiveDeviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipmentThis does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would haveFurthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawalFor the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
6) RESERVATION OF TITLE
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 Please note:Cooper Dogs is not responsible for your dogThe products sold are accessories and NOT security productsAlways leash your dog safely and always check whether the collar and/or harness is properly closedIn the event of heavy wear, we advise you to exchange the products for new ones.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) SPECIAL CONDITIONS FOR REPAIR SERVICES
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
8.1 Repair services are provided at the seller's headquarters.
8.2 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who act on his behalfUnless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
8.3 The customer has to provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller's scope of duties according to the content of the contractIn particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error found.
8.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and riskThe seller recommends that the customer take out transport insuranceFurthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packagingThe seller will inform the customer immediately of any obvious transport damage so that he cancan assert existing rights against the carrier.
8.5 The goods are returned at the customer's expenseThe risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of businessAt the customer's request, the seller will take out transport insurance for the item.
8.6 The aforementioned regulations do not limit the customer's statutory rights of defects in the event that goods are purchased from the seller.
8.7 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
9) REDEEMING PROMOTION VOUCHERS
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter"promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.4 Promotion vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
9.5 Only one campaign voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the campaign voucherAny remaining credit will not be refunded by the seller.
9.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
9.9 The campaign voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10 The campaign voucher is transferableThe seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shopThis does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10) GIFT CERTIFICATE REDEMPTION
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter"gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchasedRemaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
10.8 The gift voucher is transferableThe seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shopThis does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11) APPLICABLE LAW
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsFor consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) ALTERNATIVE DISPUTE RESOLUTION
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.