General terms and conditions of business
1. Scope
The following general terms and conditions apply to all contracts concluded between Ohhmydog! (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://www.ohhmydog.de regarding the goods presented by the Seller in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
In relation to entrepreneurs, these general terms and conditions also apply to all current and future contracts, deliveries and other services of the seller without separate inclusion.
Any terms and conditions of the entrepreneur that conflict with or deviate from these general terms and conditions are hereby rejected and shall only be deemed to have been agreed between the seller and the entrepreneur if the seller expressly consents to their validity in writing.
2. Conclusion of contract
2.1 The essential characteristics of the goods offered by the Seller as well as the period of validity of limited offers are set out in the individual product descriptions. https://www.ohhmydog.de .
2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to order.
2.3 By clicking the button [Buy/order for a fee] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we confirm your order by sending an order confirmation by email immediately after receiving your order.
2.4 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.
2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 Technical steps of the ordering process
When ordering via the seller's online shop, the ordering process includes the following technical steps. First, the buyer selects the desired product by clicking on the "Add to cart" button. The buyer is then shown the products in the shopping cart. The products in the shopping cart can be deleted by clicking on the "remove" button. By clicking on the "+" and "-" buttons, the buyer has the option of changing the number of selected products. To complete the order, the buyer must confirm the seller's terms and conditions and acknowledge the cancellation policy by ticking the boxes provided. By clicking on the "checkout" button, the buyer goes to the next step of the ordering process, "customer information". After the buyer has entered his name, address, including billing address and any different delivery address, as well as his email address in the fields provided, he goes to the next step of the ordering process, "shipping," by clicking on the "continue to shipping method" button. Here, only free standard shipping can be selected. By clicking on the "Continue to payment method" button, the buyer goes to the next step of the order process, "Payment". After the buyer has decided on a payment method offered by the seller, namely "credit card", "Paypal", "Sofort", "Invoice with Klarna" or "Instalment purchase with Klarna", and has selected it accordingly, he clicks on the "Check order" button to go to the order overview page "Check order". On the order overview page, the buyer has the opportunity to check the data required for the order, the selected payment method and the selected products again before completing the order by clicking on the "Buy now" button.
2.9 Cancellation is not possible after the order has been submitted. However, the buyer has the right to withdraw (General Terms and Conditions)
3. Contract language
The contract language is exclusively German.
4. Storage of the contract text
The contract text is saved by the seller himself and made available to the buyer before completing his order and sent again by email after the contract has been concluded. The buyer can view and download the terms and conditions on this page at any time. The buyer can view past orders in his customer account.
5. Right of withdrawal
5.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
5.2 If you, as a consumer, make use of your right of cancellation in accordance with section 5.1, you will have to bear the regular costs of return shipping. In the event of cancellation, a fee of 3% of the order total, but at least €1.45, is due, which must be paid by the buyer. This amount is used to prepare the product for resale and to repackage it. The amount will be deducted from the refunded purchase price.
5.3 Returns and refunds of bundle offers:If you wish to return an item from a bundle offer, please note that special conditions apply. Bundle offers allow you to purchase multiple products at a discounted price. However, if you decide to return one or more items from the bundle, the discount applied to the entire bundle will be void.
The items you keep will be charged the regular retail price. The refund for the returned items will be adjusted accordingly, so that you ultimately pay the full price for the items you keep. This ensures that the benefits of the bundle offer can only be realized by keeping the entire bundle.
By ordering a bundle offer you agree to these terms and conditions.
5.4 To ensure a smooth processing of your return, we ask that you return all items in their original packaging and with all accompanying instructions. We cannot accept returns without original packaging or missing parts. This ensures that the returned products remain intact and complete and that further processing or resale is possible. Please note that if these conditions are not met, the return may be refused and no refund may be given.
5.5 In the event that the return does not meet our return criteria as set out in our policy, we reserve the right to return the goods at the customer's expense. We ask that all customers ensure that all returns are made in the original packaging and with all associated instructions.
6. Prices and payment options
6.1 The prices quoted by the seller include the applicable statutory value added tax and are final prices plus any additional shipping costs that may be incurred. The costs for packaging and shipping are shown separately on the "Shipping costs" page.
6.2 The following payment options are available to the Buyer in the Seller’s online shop:
a) Credit card
If the buyer chooses to pay by credit card, the purchase price will be reserved on your credit card at the time of the order ("authorization"). The actual debit to the buyer's credit card account will occur at the time the seller ships the goods to the buyer.
7. Delivery and shipping conditions
7.1 Unless otherwise agreed, the goods will be delivered to the delivery address specified by the buyer during the ordering process.
7.2 The goods will be delivered at the shipping costs and delivery times stated on the “Shipping Costs” page and in the product description.
7.3 Any customs duties or local taxes must be borne by the buyer.
8. Retention of title
The goods remain the property of the seller until full payment has been made.
9. Warranty and Disclaimer
9.1 Limitation of warranty: The warranty expressly does not cover damage caused by improper use or handling of the product. Improper use includes in particular, but not exclusively, pinching the line due to incorrect retraction, overloading, improper use or neglect of the care and maintenance instructions.
9.2 Customer Responsibility: The Customer agrees to carefully follow all instructions for use and maintenance of the Product as provided in the User Manual and on our website. The User Manual forms part of this Agreement and by using the Product the Customer agrees to the terms and conditions contained therein.
9.3 Consequences of improper use: If the product is damaged due to demonstrably improper use by the customer, there is no entitlement to free repair, replacement or refund under the warranty. In this case, the customer has the option of ordering a repair or replacement at his own expense.
9.4 Disclaimer: We are not liable for damages that arise directly or indirectly from improper use of the product. This includes not only damage to the product itself, but also all other direct or indirect consequential damages (e.g. damage to other objects, personal injuries).
10. Accuracy of customer information
(1) The customer is obliged to provide correct and complete information when placing an order. This includes providing a correct delivery address. By placing an order, the customer confirms that all information provided, including the delivery address and contact details, is correct and complete.
(2) In the event of incorrect or incomplete information provided by the customer, which leads to non-delivery of the goods, the responsibility lies solely with the customer. The seller is not obliged to check the accuracy of the information provided by the customer.
11. Consequences of incorrect delivery data
(1) If a delivery cannot be carried out due to incorrect delivery data provided by the customer and the goods are returned to the seller, the customer shall bear the costs of return shipment and the costs of redelivery.
(2) If the delivery is delayed or the goods are lost because the address details provided by the customer are incorrect, the seller assumes no liability for any direct or indirect damages resulting therefrom. The customer has no right to compensation or replacement delivery.
(3) If the goods are not returned due to incorrect address details and are therefore lost, the customer is obliged to pay the full purchase price. A refund of the purchase price or a replacement delivery without additional costs is excluded in this case.
12. Verification of the information
The customer is hereby requested to carefully check his details before completing the order. The seller provides suitable tools to help the customer to identify and correct input errors.
13. Transport damage
If goods are delivered with obvious transport damage, the buyer is asked to immediately complain to the deliverer and to inform the seller. If the buyer fails to make a complaint or contact the seller, this will have no effect on the existence of the statutory warranty rights.
14. Liability
The seller excludes liability for slightly negligent breaches of duty, provided that these do not concern damages resulting from injury to life, body or health or guarantees or claims due to fraudulent misconduct or are relevant under the Product Liability Act. Furthermore, liability for the breach of duties remains unaffected, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely. The same applies to breaches of duty by the legal representatives or vicarious agents of the seller.
15. Information on online dispute resolution
The EU Commission provides an internet platform for online dispute resolution (so-called “ODR platform”), which can be accessed at http://ec.europa.eu/consumers/odr/ .
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16. Codes of Conduct
The seller has not submitted to a special code of conduct.
17. Customer Service
The seller does not offer any customer service beyond the processing of statutory warranty claims.
18. Final provisions
18.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
18.2
If the buyer is an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.
19. Money-Back Guarantee
Attempted claims that do not meet these criteria will not be released for refund.
With a money-back guarantee, the buyer bears the insured return shipping as well as the shipping costs already incurred by the seller.
20th Influencer Program
By registering in our influencer program, the registered person commits to a cooperation, which consists of a product placement on Instagram in the form of two Instagram stories with five sequences each and an Instagram feed post.
The registered person must complete this cooperation within 21 days of receiving the products.
If the cooperation is not carried out as agreed or not carried out at all, Ohhmydog! reserves the right to invoice the registered person for the full amount of the products.
21. Final Provisions
21.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
21.2 If the Buyer is an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.