Terms and conditions
§ 1 Scope and supplier
(1) These General Terms and Conditions apply to all orders that you place in the online shop www.welovehunter.com, operated by House of Pet Design GmbH,Dieselstrasse 6, 32791 Lage, Germany, managing director with statutory power of representation: Diana Schuhmacher, Service Hotline: +49 (0) 5232 955534 (Monday to Friday: 9:00 - 16:00), E-Mail: firstname.lastname@example.org.
(2) Our deliveries of goods, supply of services and offers of sale are made exclusively on the basis of these General Terms and Conditions. The inclusion of a customer's general terms and conditions which contradict our general terms and conditions is hereby objected to.
(3) The language for the conclusion of contracts is German or English.
§ 2 Conclusion of contract
(1) The presentation of the goods in the online shop do not represent a binding offer to conclude a contract of sale. Instead, it constitutes a non-binding invitation to order goods in the online shop. You can use the usual keyboard and mouse functions to correct the information entered, at any point prior to the binding submission of the order. The products you have selected using the "Add to shopping cart" button will then be summarised for you in an order overview at the end of the order process. At this point, you should double-check all information provided in the scope of the order process prior to submitting the binding order and amend or correct it accordingly using the "amend" button.
(2) By clicking the button "Confirm purchase", you thereby make a binding offer to purchase (Sec. 145 German Civil Code (BGB)).
(3) After the offer to purchase has been received, you will receive an automatically generated email, with which we confirm that we have received your order (Order Confirmation). This Order Confirmation does not yet represent an acceptance of your offer to purchase. The Order Confirmation does not yet mean that a contract has been concluded.
(4) A contract of sale for the goods shall not come into being until such time as we expressly declare acceptance of the offer to purchase or if we send the goods - without making a previous express declaration of acceptance - to you.
(5) The text of your order is saved by us and we will send it to you following acceptance of your order, together with these Terms and Conditions in text form (e.g. email, fax or letter). We recommend that you print the order details and General Terms and Conditions applicable at the time the order was placed, for your protection. In addition, the contract text will be archived by us and you can retrieved it free of charge via your password protected customer account, by entering the relevant login details, provided you have created a customer account in our online shop before submitting your order.
§ 3 Customer account
(1) When you place an order in our online shop, you can create a password protected customer account in which you store all of your information required for placing orders, check the status of active orders and view your order history.
§ 4 Prices
The prices listed on the product website are end prices, which include statutory value added tax and other price elements. Any additional delivery and shipping costs which may be due will be separately indicated in the respective product description.
§ 5 Payment conditions; default
(1) Payment may be made, as desired, by: invoice, credit card,PayPal or direct debit. All payment methods are offered by our payment service provider PayPal Plus.
(3) You do not need to have your own PayPal account in order to be able to place an order in our online shop. In this context, please note the conditions for payment without a PayPal account, which you can view at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
(4) If you are in default of payment, you are then obligated to pay the statutory default interest in the amount of 5 percentage points above the base rate. For every reminder letter that is sent to you after default has occurred, you will be charged a reminder fee in the amount of €2.50, unless a lower or higher damage or loss is proven.
§ 6 Shipping and delivery conditions
(1) Unless otherwise agreed, delivery shall be ex store to the delivery address you have provided. Following dispatch, you will usually receive a confirmation email from us
(2) The delivery period is 1-3 days from the date of the order being placed.
(3) The shipping costs are not included in the price in the order and will be added on in each case. Shipping costs to Germany, Austria and The Netherlands are charged at a flat rate of €4.95 for orders up to €49.99; for orders over €50.00, delivery will be free of charge.
For deliveries to other countries within the EU and to Switzerland, shipping costs will be charged at a flat rate of €9.80 for orders up to €49.99; for orders over €50.00, delivery will be free of charge.
We currently deliver to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
§ 7 Notice of right of revocation and revocation notification template
(1) Notice of Right of Revocation
Right of Revocation
You are entitled to revoke this contract within fourteen days without specifying reasons.
The revocation period is fourteen days from the date,
- on which you or a third party nominated by you who is not the forwarder, has taken possession of the goods, provided you have ordered one or more goods in the scope of a single order which have been or will be delivered together;
- on which you or a third party nominated by you who is not the forwarder, has taken possession of the final item, provided you have ordered multiple goods in the scope of a single order which will be delivered separately;
In order to exercise your right of revocation, you must inform us (House of Pet Design GmbH, Dieselstraße 6, 32791 Lage, Tel.: +49 (0) 5232 955534, email: email@example.com, fax: +49 (0) 5232 68585), by way of a clear declaration (e.g. a letter sent by post, fax or email), of your decision to revoke this contract. To that end, you may use the attached revocation notification template, however this is not required. You can fill out and electronically send the revocation notification template or another clear declaration on our website www.wirliebenhunter.de/service. If you do utilise that option, a confirmation of the receipt of such a revocation will immediately (e.g. by email) be sent to you.
A date of sending of the notification of revocation prior to expiry of the revocation period shall suffice for the purposes of complying with the revocation time limit.
Consequences of Revocation
If you revoke this contract, we will return all payments we have received from you, including all shipping costs (with the exception of any additional costs which arise from your specifying another method of shipping than the lowest-cost, standard delivery offered by us), without delay and at the latest within fourteen days of our receipt of your notification of revocation of this contract. When effecting this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this repayment.
We can refuse to make the repayment until such time as we receive the returned goods from you or until you have provided proof that you have sent the goods back to us, whichever is the earlier.
You shall send the goods back or hand them over to us (House of Pet Design GmbH, Dieselstrasse 6, 32791 Lage, Germany, Tel.: +49 (0) 5232 955534, email:: firstname.lastname@example.org, fax: +49 (0) 5232 68585) or to our logistics provider
LOEWE Logistics & Care GmbH & Co. KG
no later than fourteen days from the date on which you notify us of the revocation of this contract. Compliance with the time limit requires only that you post the goods off prior to expiry of the fourteen-day time limit.
We bear the direct costs of returning the goods within the statutory period of revocation. Customers with a customer account can also return the goods free of charge for a further 14 days.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods by you which exceeds a reasonable inspection of the condition, features and functioning of the goods.
(2) Please avoid damaging or contaminating the goods. Please return the goods wherever possible in the original packaging with all accessories and packaging components. Please use where appropriate protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against damage in transit, in order to avoid claims for damages due to damage as a result of deficient packaging.
(3) Please note that the modalities mentioned in the previous paragraph are not a requirement for the effective exercising of your right of revocation.
Revocation Notification Template
(5) Revocation Notification Template
If you would like to revoke the Contract, please complete this form and return it to us at:
House of Pet Design GmbH
Fax: +49 (0) 5232 68585
§ 8 Customer service, after-sales services and codes of conduct
(1) You can contact our customer service department personally from Monday to Friday, between 9:00 and 16:00 by telephone on +49 (0) 5232 955534. You can also reach us by email at email@example.com.
(2) We are a certified shop with the supplier Trusted Shops and fulfil the Trusted Shops quality critera. You can safeguard your order for 30 days using the Trusted Shops Buyer Protection.
§ 9 Information on online dispute resolution and consumer arbitration
(1) The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr
(2) We are not obliged or willing to participate in an arbitration procedure before a consumer arbitration body.
§ 10 Offsetting, Right of Retention
(1) A right to offset claims only exists if your counterclaim has been determined as final by a competent court, has not been disputed by us or has been accepted by us or has a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 11 Reservation of title
The goods remain our property until full payment of the purchase price has been made.
§ 12 Rights regarding defects
We shall be liable for defects in accordance with the statutory provisions applicable thereto.
§ 13 Damage in transit
(1) If goods are delivered with obvious transport damage, please register a complaint regarding such damage, if possible, preferably immediately with the delivery person and please also contact us.
(2) The failure to notify a complaint or make contact with us does not affect your statutory rights regarding defects. You would be helping us, however, in enabling us to assert our own claims against the shipper or from the transport insurer.
§ 14 Liability
We are liable, within the scope of the relevant statutory provisions, without limitation for loss or damage
(a) caused by injury to life, body or health of the user as a result of an intentional or negligent breach of duty or any other intentional or negligent behaviour on the part of House of Pet Design GmbH or one of its legal representatives or vicarious agents;
(b) relating to an intentional or grossly negligent breach of duty or other intentional or grossly negligent behaviour on the part of the supplier or one of its legal representatives or vicarious agents.
15.2 We are liable, limited to compensation for loss or damage typically foreseeable in relation to this type of contractual agreement, for loss or damage which relates to simple negligent infringement of material obligations on the part of House of Pet Design GmbH or one of its legal representatives or vicarious agents. Material obligations are obligations which must be fulfilled to enable the due and proper performance of the contractual agreement and the observance of which the orderer is entitled to rely on.
15.3 The above provisions shall apply correspondingly also to the liability of House of Pet Design GmbH with respect to reimbursement of wasted expenditure.
15.4 Liability according to the German Product Liability Act (ProdHaftG) remains unaffected.
§ 15 Data protection
You can find all information regarding data protection in our Data Protection Policy at www.wirliebenhunter.de/en/privacy-policy
§ 16 Final Provisions
(1) Should one or more of the provisions of these Terms and Conditions be or become invalid, this will not affect the validity of the remaining provisions.
(2) Contractual agreements between you and us are governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Version: 05 September 2018