DoggyTourer

General Terms and Conditions for Private Customers
(Version December 2022)

Your purchase contract comes into effect with DoggyTourer,
Benzstraße 4, 75334 Straubenhardt, Germany.

Managing Director: Carmen Cornelsen
Phone: +49 (0) 7082 422 97 90 - Fax: +49 (0) 7082 422 97 88
VAT ID: DE 276 162 203
 

1. Scope of application
   DoggyTourer's deliveries and services are provided exclusively based on the following General Terms and Conditions (GTC).

   For all mutual claims arising from and in connection with the conclusion of a contract between the customer and DoggyTourer in the online mail order business, these General Terms and Conditions shall always apply in the version valid at the time of the respective conclusion of the contract. They are also binding for future transactions. Deviations from these General Terms and Conditions, as well as verbal agreements, are only valid if expressly confirmed in writing. These terms and conditions shall be deemed to have been accepted when an order is placed.

2. Participants
   DoggyTourer enters into contracts with customers who are

   a) are natural persons of unrestricted legal capacity who have completed their 18th year of life, and
   b) legal entities, each of which is domiciled in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter referred to as "Customers"). If DoggyTourer has inadvertently accepted the offer of an unaccepted participant, DoggyTourer is entitled to cancel the contract with the customer within a reasonable period of time.

   
    
3. Subject of the contract
   DoggyTourer delivers the goods ordered by the customer or renders services within the scope of the acceptance of the offer. Otherwise, § 434 para. 1 sentence 3 BGB applies. In the event of withdrawal/cancellation, DoggyTourer is obligated to immediately credit any deposits and/or advance payments made or, upon request, to reimburse the customer by check or bank transfer. In the case of a financed transaction, clause 4.4. applies accordingly.
    
4. Conclusion of Contract/Cancellation Policy
   
   4.1.
   The contract is concluded when DoggyTourer accepts the customer's order. Acceptance by DoggyTourer takes place when the customer receives the goods after DoggyTourer has dispatched the goods, or when DoggyTourer performs the service for the customer. If the customer orders via the Internet, DoggyTourer will immediately confirm receipt of the order electronically. However, the order confirmation does not constitute acceptance of the contract.
   
   4.2.
   Due to the customer's legal right of revocation, the order and its acceptance by DoggyTourer initially creates a pending contractual relationship. The customer can revoke their contract declaration within 14 days without giving reasons in written form (e.g. letter, fax, email) or by returning the purchased goods. The revocation period begins upon receipt of the goods by the customer. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.

   The revocation has to be sent to:

   DoggyTourer
   Benzstraße 4
   75334 Straubenhardt
   Email: info@doggytourer.de
   
   4.3
   Consequences of Revocation
   In the event of an effective revocation, the services received by both parties must be returned. If the customer is unable to return the goods received in whole or in part or only in a deteriorated condition, the customer may be required to pay compensation. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible for the customer in a shop. Furthermore, the customer can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value.
   

   The customer must return or hand over the goods to DoggyTourer without delay, and in any case within fourteen days of the day on which he/she has notified DoggyTourer of his/her withdrawal from the contract. The deadline is met if the customer sends the goods before the end of the fourteen-day period.
   The customer shall bear the direct cost of returning the goods if the goods delivered correspond to those ordered. For organizational reasons, unfree returns cannot be accepted.

   The right of revocation does not apply
   a) for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,

   b) for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer.
   
   c) for the delivery of newspapers, magazines and periodicals.
   
   4.4
   Financed transactions
   If the customer has financed this contract with a loan and exercises his right of revocation, he is no longer bound by the loan agreement if both contracts form an economic unit. This is particularly to be assumed if DoggyTourer is also the lender of the customer, or if the lender of the customer has used the cooperation of DoggyTourer for the financing. If DoggyTourer has already received the loan at the time the revocation becomes effective, the customer may not only turn to DoggyTourer, but also to the lender.
   
   

   End of the cancellation policy

   
    
5. Lack of availability of ordered goods or services
   Should DoggyTourer realise after receipt of the order that the ordered goods or services are no longer available at DoggyTourer, DoggyTourer may send or offer or provide the customer with goods or services of equivalent quality and price. In this case, the customer is not obliged to accept the goods or services and does not have to bear the costs of returning them.
    
6. Delivery / Shipping costs
   
   6.1
   For orders, we charge a flat rate transportation fee for small parts starting at €8.50, trailers by parcel post starting at €21.00, and by freight forwarder starting at €90.00. For online orders, the resulting amount will be shown in figures in the shopping cart before you place your binding order. For bulky items, which are itemized accordingly, we charge an additional bulky goods surcharge, which is shown on the product.

   In the event of refusal to accept the package or failure to collect the package from the post office, the customer will be charged the shipping costs and a handling and booking fee of €10.00.

   6.2
   If the customer orders a delivery following the 24-hour service and the goods do not arrive within a reasonable grace period, the customer is entitled to withdraw from the contract and return the goods to DoggyTourer. Claims for damages are excluded in this case, unless DoggyTourer is guilty of intent or gross negligence.
   
   6.3
   DoggyTourer will make every effort to deliver as quickly as possible, subject to availability. If only part of the order cannot be delivered immediately, the remaining goods will be delivered at a later date without charging the transport fee.
    

7. Prices and terms of payment
   
   7.1
   All prices quoted in the online store are gross prices including the applicable VAT, plus shipping costs.
   
   7.2
   Payment can be made by prepayment, PayPal, PayPal Plus and cash on collection.

   If you pay by PayPal, we will charge a fee of 2.5% of the purchase price.

   7.3
   We generally refuse payment on an open account. Special terms require our written confirmation.
   
   7.4
   Deliveries abroad will only be made against PayPal or prepayment.
   
   7.5
   When ordering through the DoggyTourer website, the prices shown in the checkout process apply, not the catalogue or shop prices.
   Errors and changes reserved.
   
   7.6
   DoggyTourer reserves the right to exclude certain methods of payment in individual cases to hedge the credit risk and to carry out requested deliveries only against payment in advance, cash on delivery or immediate payment on delivery.
   
   

8. Retention of title
   

   DoggyTourer retains title to all goods delivered by it to a customer until final and full payment for the goods delivered. If DoggyTourer replaces goods under warranty, it is hereby agreed that the ownership of the goods to be replaced shall pass from the customer to DoggyTourer or vice versa at the time when DoggyTourer receives the goods back from the customer or the customer receives the replacement delivery from DoggyTourer.

9. Guarantee
   All items are subject to the manufacturer's standard warranty terms and conditions. Under the manufacturer's warranty, defective parts may be returned to DoggyTourer or directly to the manufacturer with proof of purchase. The customer's warranty claims are limited to the free replacement of defective parts, unless the customer is at fault. After the warranty period has expired, defective parts can be sent directly to the manufacturer or to DoggyTourer against payment of the labour costs. Returns are at the customer's expense and must always be sent "freight prepaid". Please note that unfree shipments cannot be accepted. Warranty claims expire as soon as the retailer, customer or client has made any changes to the product on their own responsibility. We cannot be held liable for liability and consequential damage during the operation of and with our products, as the proper operation or use of DoggyTourer cannot be monitored.
    
10. Choice of law
    The legal relationship between DoggyTourer and the customer as well as the respective terms and conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1988 is excluded.
     
11. Miscellaneous
    
    11.1
    The customer shall have no right of set-off or retention unless the claim is undisputed or has been finally and conclusively determined by a court of law.
    
    11.2
    Should individual provisions of this contract be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract.
    
    11.3
    The exclusive place of jurisdiction is Pforzheim, Germany, or another legal place of jurisdiction at the discretion of DoggyTourer, provided that the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch) or a legal entity under public law.
     
12. Disclaimer for external links
    

    DoggyTourer provides links to other web pages on the Internet.
    The following applies to all these links:
    DoggyTourer expressly declares that it has no influence on the design and content of the linked pages. Therefore, we dissociate ourselves hereby expressly from all contents of all linked third-party web pages on DoggyTourer.de and do not adopt these contents. This declaration applies to all links displayed and to all contents of the pages to which the links lead.

     
13. Image rights
    All image rights are owned by DoggyTourer or its partners. Use without explicit permission is not allowed.