General terms and conditions of business
scope
The following general terms and conditions (hereinafter referred to as the General Terms and Conditions) contain the exclusively applicable conditions between the customer and 4Hooves GmbH, Wolfratshauser Str. 47i, 82049 Pullach near Munich, Germany (hereinafter referred to as the “Seller”), unless these have been modified or replaced by written agreements between the parties concrete individual agreements are replaced. The General Terms and Conditions apply to all contracts concluded between the customer and the seller via the website marketplace.4hooves.de with regard to the goods offered there by the seller. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
Conclusion of contract
The items presented in the seller's online shop serve to make a binding offer by the customer and do not represent binding offers from the seller. The customer can select items from the entire range and collect them in a so-called shopping cart.
The customer submits his legally binding offer using the shopping cart system. The order takes place in the following steps:
The items on offer can be placed in a virtual shopping cart by clicking on the “Add to cart” button. The contents of the shopping cart are displayed by clicking on the “shopping cart” symbol. After the customer has placed an item in the shopping cart, he or she can initiate the ordering process by clicking on the “Checkout” or “Go to checkout” button or select other items by clicking on the “Continue shopping” button. If the customer then wants to buy the item in the shopping cart, he or she clicks on the “shopping cart” symbol and the ordering process is initiated.
In the first step, the customer is shown the contents of their shopping cart. He can change the desired order quantity or remove individual items from the shopping cart. The customer then clicks on the “Checkout” or “Go to checkout” button to continue the ordering process.
The customer first has the opportunity to log into their existing customer account on the marketplace.4hooves.de website by entering their email address and password and then continue the ordering process by clicking on the “Log in” button. Alternatively, the customer can create a personal customer account, which they can subsequently access after logging in. If the customer does not want to create a customer account, he or she can put a check mark next to the “Register” field and continue the ordering process by clicking on the “Continue” button. A customer account is not required to order via marketplace.4hooves.de. The customer can also place his order as a guest without prior registration. If the customer does not want to create a customer account, he or she can put a check mark next to the “Checkout as a guest” field and continue the ordering process by clicking on the “Continue” button.
By entering their email address and personal password, the customer creates a personal customer account. The customer has the option of specifying a delivery address that differs from the billing address. If the billing and delivery addresses match, the customer can continue the ordering process by clicking the “Continue” button. If the customer would like to specify an alternative delivery address, the further contact details can be entered by clicking on the checkmark next to the “Send to another address” text field and clicking on the “Continue” button. The customer then clicks on the “Continue” button to continue the ordering process.
In the next step, the customer can select the desired shipping method. Further information on shipping costs can be found under the “Shipping costs” menu item. The customer then clicks on the “Continue” button to continue the ordering process.
In the next step, the customer can select the desired payment method. Further information on the payment methods offered can be found under Section IV and under the “Payment Methods” menu item. The customer then clicks on the “Continue” button to continue the ordering process.
In the next step, the customer can select the desired payment method. Further information on the payment methods offered can be found under Section IV and under the “Payment Methods” menu item. The customer then clicks on the “Continue” button to continue the ordering process.
In the last step, the entire order is displayed again as an overview. After the customer has accepted the contractual conditions by clicking on the box next to the text “With this order I agree to data protection, general terms and conditions and the right of withdrawal.”, he places a binding order by clicking on the order button “Order now for a fee” in the shopping cart contained goods.
After receipt of the customer's order, the seller sends an automatic confirmation message to the email address provided by the customer, in which the essential features of the order are listed again along with these contractual conditions and other mandatory information.
The seller can accept the customer's offer within three working days. The period begins when the customer submits the offer and ends at the end of the third working day. If acceptance is not made within the deadline, his offer expires when the acceptance period expires. The acceptance takes place
a) by sending the automatic confirmation message by email, whereby the receipt of the confirmation by the customer is decisive or
b) by requesting payment from the customer after placing his order,
c) by delivery of the ordered goods, whereby the receipt of the delivery by the customer is decisive.
If there are several alternatives, the earlier event is decisive for the conclusion of the contract.
Prices and shipping costs
All prices stated for the products shown include the respective statutory sales tax and other price components.
Delivery and shipping costs are generally not included in the prices stated. The amount of any additional costs that may arise can be found in the respective item description or the general shipping cost information under the “Shipping costs” menu item.
Delivery and payment conditions
The seller delivers the goods to the delivery address specified by the customer in accordance with the agreements made. When paying with PayPal, the seller delivers the goods to the customer address stored with PayPal. The customer ensures that the address provided is correct and deliveries are possible there. If delivery is not possible because the customer does not comply with this obligation, any additional costs incurred as a result must be borne by the customer. Compliance with the delivery deadline stated in the offer requires that the customer, for his part, fulfills the obligations he has assumed towards the seller, in particular making payment and providing the necessary documents, approvals, releases, etc. to be delivered by him in a timely manner. If these requirements are not met on time, the delivery period will be extended accordingly.
The delivery time stated for the product may be extended by the time until the buyer has provided all information and documents necessary for the execution of the order. Delivery delays caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible will extend the delivery period in accordance with the duration of such obstacles. In important cases, we will inform the customer immediately about the start and end of these.
The seller offers the payment methods mentioned in the item description or in the menu item “Payment methods”. Payment is generally made in advance via the payment service provider PayPal or PayPal Plus or Stripe. Payment can be made via a PayPal account (PayPal or PayPal Express), direct debit (via PayPal), credit card (via PayPal or Stripe) or by purchase on account (via PayPal Plus). The customer must enter the data requested by PayPal or Stripe. The purchase price is due immediately. This corresponds to the agreement of an advance performance obligation on the part of the customer in accordance with Section 320 of the German Civil Code (BGB).
Returns processing
In the event that the customer returns the delivered goods to the seller and the seller is legally obliged to cover the costs (e.g. in the event of a complaint), the customer is asked to inform the seller in advance about the return. This procedure makes it easier to assign the shipment and speeds up processing. In the event that the customer has paid the postage costs even though he was not obliged to cover the costs, the seller will immediately reimburse the postage costs. In the event of a cancellation, the provisions stated in the cancellation policy apply.
The seller asks the customer to treat the delivered goods with care and to avoid damage, dirt and the like. The goods should be returned in the original packaging if possible. If this is not possible, we ask that you provide packaging that is suitable for adequately protecting the goods from damage in transit.
If the customer does not observe the above information in sections 1 and 2, this does not result in the loss of his rights.
Retention of title
The delivered goods remain the property of the seller until full payment has been made.
The following also applies to entrepreneurs:
a) If there are outstanding claims against the customer as part of an ongoing business relationship, all goods delivered to the customer remain the property of the seller until all claims from the business relationship have been settled. This also applies to goods for whose delivery the customer has expressly based his payment. In the case of current invoices, the retention of title serves as security for the balance claim of the seller.
b) The seller allows the customer to resell the reserved goods in the normal course of business under the customer's terms and conditions, provided that he agrees to an extended retention of title with his buyers. The customer is not entitled to make any other disposals over the reserved goods, in particular to pledge them or transfer them as security. The customer hereby assigns all claims to which he is entitled, including balance claims from a current account agreement, from a sale of the goods delivered by the seller in the amount of the nominal value to as security (extended retention of title). The customer remains authorized to collect the claim even after the assignment. The seller's authority to collect the claim itself remains unaffected. However, the seller will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.
c) If the sum of the assigned claims exceeds the nominal value of the claims to be secured by more than 10%, the seller undertakes, at the customer's request, to release the claims in the value of the excess amount to the buyer at his discretion.
d) In the event of seizures and seizures of the reserved goods, the customer must point out the property of the seller, immediately report seizures and seizures and, in the event of imminent danger, take the legal remedies necessary to secure the seller's rights at his own expense. In any case, the customer bears the resulting intervention costs. If the third party is unable to reimburse the seller for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the resulting loss.
Warranty
The statutory warranty claims apply.
These claims against consumers become statute-barred after the statutory period has expired, starting from receipt of the goods. If the customer is an entrepreneur, the limitation period for new goods is shortened to one year from the transfer of risk. For used goods, warranty claims by the customer who is an entrepreneur are completely excluded. When delivering used goods, the limitation period for consumers is reduced to one year from receipt of the goods.
Excluded from the shortening of the limitation period in Section 2 are claims for damages and reimbursement of expenses that the customer can assert in accordance with the statutory provisions due to defects in accordance with Section VIII. In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
For entrepreneurs, the following applies in deviation from point 1:
a) An insignificant defect generally does not give rise to any claims for defects.
b) The seller can determine the type of supplementary performance.
c) If a replacement delivery is made within the scope of liability for defects, the statute of limitations does not begin again.
If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial obligation to inspect and report complaints applies to him in accordance with Section 377 of the German Commercial Code (HGB). The goods are deemed to have been approved if the customer fails to comply with the reporting obligations regulated therein. If the customer is a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will not affect his legal or contractual claims.
Liability
The seller is liable without restriction for any legal reason
a) for damages resulting from injury to life, body or health caused by the seller through a negligent or intentional breach of duty. The same applies if a legal representative or vicarious agent caused the damaging act;
b) for other damages caused by the seller through a grossly negligent or intentional breach of duty. The same applies if a legal representative or vicarious agent caused the damaging act;
In addition, the seller is fully liable for fraud and guarantee promises as well as for claims under the Product Liability Act.
In the event of property damage and financial damage caused negligently, the seller is only liable if an essential contractual obligation is violated, i.e. the violation of obligations that grant the contractual partner legal positions that he can expect based on the content, nature and purpose of the purchase contract, and the fulfillment of which requires proper implementation of the contract is made possible in the first place, but the amount is limited to the damages that were foreseeable and typical for the contract at the time the contract was concluded. Furthermore, the seller's liability for slightly negligent breaches of duty is excluded.
Consumer arbitration
The seller is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
If the customer does not have a general place of jurisdiction in Germany or moves abroad after the contract is concluded or the place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes is the seller's place of business. This place of jurisdiction also applies to the customer who is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. For entrepreneurs, the place of performance is the seller's place of business. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
If one of the provisions of these General Terms and Conditions proves to be invalid or unenforceable, the remaining provisions will remain unaffected and remain in effect.
2nd part customer information
Storage of the contract text
The contract text and the customer's order details are saved by the seller. After completing the order, the customer receives a clear order confirmation containing all information about the order. It is also possible to print out the contract text using the browser's print functions. In addition, the orders can be accessed under the menu item “Orders” in the personal customer account. Customers with guest access will no longer be able to retrieve their orders later.
Correction of entries
The customer can correct his entries before submitting his order using the technical means provided by the seller within the respective input fields using the usual keyboard and mouse functions. On the one hand, the customer can correct his entries by pressing the “back button” or the “back arrow”. Corrections can also be made directly on the individual offer pages in the existing input fields. It is also possible to update the products or delete individual products in the virtual shopping cart. All of these correction options exist up to and including the submission of the binding offer via the “Order with obligation to pay” button.
Contract language
The language available for concluding the contract is German.
OS platform
In accordance with Directive 2013/11/EU, the EU Commission has set up an internet platform for the online resolution of disputes between entrepreneurs and consumers (so-called “OS platform”). This can be accessed at the following link: //ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes resulting from online purchase and service contracts. [gzd_complaints]