Terms of service
§ 1 Scope of application
- For online orders of goods at Lieblingspfote the following general terms and conditions apply exclusively.
- The version of these terms and conditions valid at the time of the order is applicable. Deviating regulations are only valid if they have been confirmed in writing by Lieblingspfote (see § 9 Final Provisions).
§ 2 Conclusion of the contract/data protection
- With the online order a binding purchase offer is made. The contract shall be concluded upon acceptance of the purchase offer. Acceptance by soul mate shall be effected by sending an "order confirmation/invoice" in text form, i.e. by email or by letter.
- As a matter of principle, a contract shall only be concluded with customers who have completed their 18th year of age and are therefore of full legal capacity. An exception to this principle is only valid with the prior written consent of the legal representative, which must already be available at Lieblingspfote at the time the customer places the order.
- With the submission of the data by the customer, soul mate shall be entitled to store and process the data required for the business transaction in compliance with the German Federal Data Protection Act and to pass it on to third parties to the extent that this is necessary for the business transaction.
§ 3 Delivery of the goods
- soul mate shall deliver to delivery addresses within Germany. Deliveries outside Germany shall only be made by prior arrangement.
- In the event that a certain item is no longer available after the conclusion of the contract due to force majeure or other circumstances - including temporary circumstances - for which soul mate is not responsible or in the event that upstream suppliers fail to deliver in a timely or proper manner, soul mate shall be obligated to inform the customer of the unavailability. soul mate shall reserve the right in this regard to postpone delivery for the duration of the impediment or, if an end to the impediment is not foreseeable, to withdraw from the contract in whole or in part and to immediately refund any consideration received in this regard.
- soul mate shall be entitled to make partial deliveries. If a partial delivery is made without informing the Customer in advance of the necessity thereof or if, in the event of a partial delivery, the total amount is already charged with the first delivery, the delivery charges (shipping costs) shall not increase for the Customer. If partial deliveries are ordered by the customer, the shipping costs increase according to the number and cost-necessary delivery.
- Delivery periods and dates are only binding if they have been expressly agreed as such in writing. In this respect, they shall commence upon receipt of the order confirmation/invoice by the customer upon receipt of payment (see § 2 para. 1 of these General Terms and Conditions).
§ 4 Payment due date, retention of title
Prices and shipping costs:
- The prices stated on the product pages are final prices.
- In addition to the stated prices, we charge a flat rate of 4.99 Euro per order for insured shipping within Germany. Delivery costs for orders can be found under Shipping / Returns.
Delivery is made within Germany and the EU by DHL and outside the EU by Hermes. In all other cases, soul mate shall be free to choose the shipping method and mode.
Partial deliveries shall be permissible insofar as they are reasonable for the customer.
Payment shall be made in advance.
You shall only have a right of set-off if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us in writing. You may only exercise a right of retention if the claims result from the same contractual relationship.
Retention of title
The goods remain our property until full payment has been received.
- If you have to return goods to us, we would like to point out that in the interest of both parties only insured shipments will be taken back and ask for your understanding.
- Should damage to the goods due to improper handling or soiling be apparent, we reserve the right to accept a claim. Custom-made or unique items are excluded from exchange and return.
Default, withdrawal from the contract
- If the customer fails to 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 soul mate, then soul mate shall send the customer a one-time payment reminder with a deadline. Should the deadline set in the payment reminder expire without soul mate being able to record receipt of payment, soul mate shall be entitled to cancel the Buyer's order and withdraw from the contract.
- In the event that the customer is in default of payment, soul mate shall be entitled to charge default interest at a rate of 5 percentage points above the base interest rate; in this respect, reference shall be made to the statutory provisions.
§ 5 Warranty
- All products are handmade with the utmost care and accuracy. If a defect should occur within the 6 months, Lieblingspfote can be informed about it and a further procedure can be discussed. There is no warranty for damages, which are caused by the customer or his dog. The shipping costs for delivery and return of the goods have to be paid by the customer.
- The product illustrations can deviate from the appearance of the supplied commodity, in particular regarding color and size. In particular, there may be changes in the appearance and equipment of the goods after the manufacturer has renewed the product range. Claims for defects do not exist insofar as the changes are reasonable for the customer.
- In the event that delivered items show obvious defects or manufacturing faults, including transport damage, this defect must be reported immediately to soul mate or to the employee of the delivery company who delivers the item. However, failure to make this complaint shall have no consequences for statutory claims. For all defects of the purchased item occurring during the statutory warranty period, soul mate shall provide subsequent performance within a reasonable period of time, i.e. either replacement delivery or remedy of the defect. If the subsequent performance chosen by the customer is only possible at disproportionate expense, soul mate shall be entitled to provide another form of subsequent performance. If a reasonable period of time for subsequent performance has elapsed without result, the customer shall have the right to rescind the purchase agreement or reduce the purchase price, at the customer's option. In this respect, reference is also made to the statutory provisions of §§ 433 et seq. BGB are referred to.
- If the customer decides to rescind the purchase agreement, the services received by both parties shall be returned and any benefits derived shall be surrendered. If the Customer is unable to return the received services to soul mate in whole or in part or only in a deteriorated condition, the Customer shall be obliged to compensate soul mate for the loss of value. However, the deterioration caused by the intended use shall not be taken into account.
§ 6 Liability
- soul mate shall be liable to the customer in cases of intent or gross negligence on the part of soul mate or a representative or vicarious agent in accordance with the statutory provisions.
- In all other respects, soul mate shall only be liable for injury to life, body or health or for culpable violation of essential contractual obligations. However, the claim for damages for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract. These provisions shall not apply in the event of intent or gross negligence.
§ 7 Place of performance, place of jurisdiction, legal system
- With regard to the conclusion of the 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 shall be soul mate's place of business in Stuttgart and the place of jurisdiction shall be Stuttgart. This agreement shall apply subject to the proviso that soul mate shall also be entitled to file suit at the location of the customer's place of business or branch office.
- If the customer moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract, the place of business of soul mate shall generally be Stuttgart and the place of jurisdiction shall be Stuttgart. This agreement shall also apply in constellations in which the domicile or habitual residence of the Customer is unknown at the time the action is filed.
The conclusion of the contract between soul mate and the customer shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
§ 8 Severability clause
Should individual provisions of these GTC including this provision be invalid in whole or in part or should the GTC contain a loophole, the remainder of the GTC shall not be affected thereby and shall remain valid.
§ 9 Final clause
All declarations of the contracting parties must be made in writing. This can also be done by email. This shall also apply to invoices issued by soul mate.