General Terms & Conditions
Contractual conditions in the context of purchase contracts concluded via our website https://petzplaza.de
Petz Plaza e.K.
SP: Daniela Krueger
Phone: +49 (0)5251 542511
the users of our website – hereinafter referred to as “customer/customers”
1. Scope of application
For the business relationship between us and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Conflicting or supplementary conditions of the customer are not recognized, unless we expressly consented to their validity in writing.
2. Forming of Contract
(1) The customer can select products from our assortment and collect them via the button “Add to cart” in a so-called shopping cart. With the button “Buy now” he submits a binding agreement to buy the goods in the cart. Before placing the order, the customer can change and view the data at any time. The customer can print the contract text before submitting the order to us by using the print function of his browser in the last step of the order process.
(2) The customer is obligated to ensure that he is reachable under the contact details provided by him, from the time of the information given and that emails addressed to him are not stopped by SPAM filters.
(4) The products offered are sold in customary domestic quantities only.
(5) The contract is concluded in the languages: German, English.
3. Delivery Terms
(1) We deliver from a minimum order value of 15.00 Euro excluding delivery costs.
(2) Delivery times specified by us are calculated from the time of our order confirmation, provided that the order has been paid.
(3) In addition to the quoted product prices, we charge shipping costs. The corresponding shipping costs are indicated to the customer within the order form.
(4) If the ordered product is not available because we are not supplied with this product by our supplier without our actual fault, we can withdraw from the contract. In this case, we will refund any payments already made to the customer immediately. If the product is only temporarily unavailable, we will inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract.
(5) For deliveries that cannot be delivered due to a non-current or incorrect address, refusal or absence of the customer, the customer bears the costs. A new delivery to the customer due to an incorrect address is made only after payment of the recurring shipping costs has been received.
4. Prices and Payment
(1) All prices quoted on our website are inclusive of the applicable statutory sales tax. All prices in the wholesale accounts visible only to logged-in entrepreneurs are net prices and do not include VAT.
(2) Payment of the purchase price is due immediately upon conclusion of the contract.
(3) The customer can choose from the payment methods Payment in Advance/SEPA, Apple Pay, Bancontact, Belfius Direct Net, Credit Card (American Express, Cartes Bancaires, Carta Si, MasterCard, Visa), EPS Austria, giropay, iDEAL, ING Home’Pay Belgium, KBC/CBC Payment Button, PayPal, Przelewy24 and SOFORT Banking during the order process.
a) If a payment method offered by the payment service provider Mollie is selected, payment processing is carried out by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam. The individual payment methods offered via Mollie are communicated to the customer in the online shop. Mollie can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. The Mollie B.V. can be viewed at https://www.mollie.com/en/user-agreement.
(4) To entrepreneurs the method payment in advance is available only.
(5) If the customer chooses SEPA, we reserve the product for a maximum of 5 calendar days. If, despite the due date, the payment has not been received by us after a renewed request up to a date of 5 calendar days after the order confirmation has been sent, we shall withdraw from the contract with the consequence that the order is invalid and we have no obligation to deliver.
5. Retention of Title
Title to the goods shall remain vested in us until the purchase price for the goods has been paid in full.
6. Right of withdrawal
(1) Consumers have the right to withdraw from the contract.
(2) In the event of a cancellation, the customer shall bear the direct costs of the return.
(3) Detailed information about the right of withdrawal and effects of withdrawal are provided in our rights of withdrawal terms.
(1) We are liable for warranties in accordance with the applicable statutory warranty rights, in particular §§ 434 ff. BGB.
(2) The period of limitation of the warranty for entrepreneurs is 12 months after passing of risk.
8. Transportation damages
If the customer is an entrepreneur the risk of accidental loss and accidental deterioration is transferred to him as soon as we handed over the goods to the courier service, the freight carrier or person, designated to complete the shipping. The buyer must fulfil his duties of inspection and notification of defects as per § 377 HBG (German Commercial Code).
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, body, health or breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on wilful or grossly negligent breach of duties of duty by us. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.
(3) The scope of the Product Liability Act remains unaffected.
10. Online Dispute Resolution
Online dispute settlement in accordance with Article 14, Section 1 of the ODR: The European Commission provides a platform for online disputes, which customers can find here: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to use online dispute settlement.
11. Final Clauses
(1) The law of the Federal Republic of Germany shall apply to contracts between us and the customer by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal representative of public law or a special fund under public law, our place of business shall be agreed upon as the place of jurisdiction for all disputes arising within the scope of this contractual relationship between the customer and us.
(3) The contract remains binding even in the case of legal ineffectiveness of individual paragraphs in its remaining parts. In place of the ineffective paragraphs, if available, the statutory provisions apply. To the extent that this would constitute an undue hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.