Terms of service

General terms and conditions and consumer information

§ 1 General

(1) The following terms and conditions apply to all contracts between Kim Rose, owner of Tinkering Paws®, Bahnhofstr. 6, 45701 Herten, Germany, Phone: +49 209 1658 9992, Email: info@tinkeringpaws.de - hereinafter referred to as the Provider - and the Client, which are concluded via the Provider's websites tinkeringpaws.de & tinkeringpaws.com. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

(3) The contract language is German. The complete contract text is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by the provider, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to the customer again by email.

 

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and the supplementary information on the website of the provider.

 

§ 3 Conclusion of the contract

The provider offers the possibility of purchase processing through the store system.

(1) The product representations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If the customer uses an instant payment system (e.g. PayPal) as a payment method, he will either be taken to the order overview page in our online store or he will first be redirected to the website of the instant payment system provider. If the customer is redirected to the respective instant payment system, he/she makes the corresponding selection or enters his/her data there. Finally, the customer is redirected back to our online store to the order overview page.
Before sending the order, the customer has the opportunity to check all the information again, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the button "order subject to payment", the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. The customer can print this email using the "Print" function. If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, in part automatically. The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

 

§ 4 Prices, shipping costs

(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes. Only the payment methods displayed to the customer during the order process are accepted. These are prepayment, credit card, Paypal, Apple Pay and Google Pay.  Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is recommended to ask the customs or tax authorities for the details before placing the order.

(2) The shipping costs incurred are not included in the purchase price. They depend on the respective specific purchase offer and the information provided therein on shipping, are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.

 

§ 5 Terms of payment and shipping 

(1) The customer has the payment options specified in the specific offer. A cash payment and collection of the goods is possible, if expressly noted in the item description.

(2) The delivery of the goods takes place exclusively in the countries, which are expressly stated in the individual articles or shipping conditions. Unless otherwise stated in the item description or the shipping information of the provider, the delivery of the goods within 1-3 business days after conclusion of the contract, in case of prepayment only after receipt of the full purchase price and shipping costs.

(3) Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.

(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass until the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.

 

§ 6 Right of Retention, Retention of Title

(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain the property of the supplier until full payment of the purchase price.

 

§ 7 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.

 

§ 8 Liability

(1) The Supplier shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.

(2) Insofar as essential contractual obligations are affected, the liability of the Provider shall be limited to the foreseeable damage typical for the contract in the case of slight negligence. Material contractual obligations are material obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

(3) In the event of a breach of immaterial contractual obligations, liability shall be excluded in the event of slightly negligent breaches of obligations.

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

 

§ 9 Choice of law, place of fulfilment, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favourability principle).

(2) The place of fulfilment for all services arising from the business relationships existing with the Provider as well as the place of jurisdiction shall be the Provider's registered office, insofar as the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

 

Online Dispute Resolution for Consumer Contracts:

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Our email address is: info@tinkeringpaws.de.
We are neither willing nor obliged to participate in the dispute resolution process.