§ 1 Scope of Application
These terms and conditions are applicable to all contracts concluded through our Online Store Internet site www.dogscreen.de; between our company iLess GmbH (referred to as “us” from here on) and private customers (referred to as “Customer” from here on). Customers in this context are individuals residing and processing a delivery address in the Federal Republic of Germany, as far as the goods ordered by them are neither for commercial use nor for their independent vocational activity. Corporate customers and wholesalers are required to place their orders via the Business Customer Login order page of our website or by contacting B2B@dogscreen.de.
§ 2 Conclusion of contract
The presentation of our products and providing the possibility to order them, is not considered a binding offer. Your order only represents an offer to conclude a purchase contract with us. Once you place an order with us, we will send an “order confirmation email” to the e-mail address you have provided, acknowledging receipt of your order and its details. This order confirmation does not constitute an acceptance of your offer, but should only inform you that your order is received. A sales contract with us only comes into existence when we dispatch the product to you and confirm the shipment to you by a second e-mail (shipping receipt).
You have the right to cancel this contract within fourteen days without providing any reason.
The revocation period is fourteen days from the date on which you or a third party named by you, other than the carrier, have taken physical possession of the goods.
To exercise your right of cancellation, you must contact us (iLess GmbH, Berlinerstr. 75, 63065 Offenbach am Main, E-mail address: email@example.com, by post or email, clearly stating that you wish to withdraw from this contract. You may use the attached model withdrawal form, but that is not mandatory. In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us, such as an expensive type of delivery), and reimburse you at the latest within fourteen days from the date on which the notification is received about your cancellation request. For this refund, we use the same method of payment that you used in the original transaction, unless you explicitly request otherwise; in which case you will be charged fees in regards to such repayment. We may withhold the reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever happens at the earliest.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of the contract with us. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct cost of returning the goods.
You are responsible for the cost of any diminished value of the goods, if this value loss has occurred while you had procession of the goods and if it altered the nature, characteristics or functioning of the goods.
Model withdrawal form
End of cancellation policy
§ 3 Prices and shipping costs
The prices listed are retail prices in Euro currency; they include all price components as well as the sales tax. The applicable amount is whichever is reported at the time of the binding order.
The shipping cost is additional and depends on the shipping method and the size and weight of the goods you have ordered. We inform you about the details of the costs on our website and during the ordering process.
Unless you make use of an existing right of withdrawal, you have to bear the cost of returns.
§ 4 Payment
Payment is due in advance or upon delivery within the Federal Republic of Germany by PayPal, credit card, cash on delivery (for orders up to 3,500 EUR).
If paying by credit card, the card used will be charged once your order has shipped. We accept Visa, MasterCard and American Express. By entering your credit card number in our ordering page on www.dogscreen.de, you authorize us to collect the purchase price amount specified in the order from your credit card account.
When paying in advance, the full amount of the invoice is to be transferred, including a transfer reference, within 7 days from receipt of your order by us. The item(s) ordered will be reserved until then. If up to that date a payment has not been completed, that order will be canceled by us.
If paying by cash, we expressly note that DHL only accepts cash for payment of COD shipments.
§ 5 late payment
In the case of a default of payment, we are entitled to charge you late fees in the amount of EUR 5.00 per reminder. This is true for all reminders, including the first one. We reserve the right to charge further interest if a higher default occurs.
§ 6 Offsetting
A right to offset the customer is only applicable if its counterclaims have been legally established or if it is undisputed by us.
§ 7 Retention
To exercise a lien, the customer can only counterclaim based on the existing contractual relationship.
§ 8 Delivery
We ship to the delivery address indicated by the customer as long as it is within the Federal Republic of Germany. Delivery is usually by UPS or DHL. We reserve the right to appoint additional or other shipping providers for the delivery of goods.
In case of an emergency (such as natural disasters, war, civil war, terrorist attack) that makes it impossible to supply you, our obligations are annulled. Any fees already paid will be refunded immediately by us.
We may also refuse to deliver, if this requires an effort by us that at the fulfillment of the contract, in accordance with the contents of the purchase contract and the principle of good faith, is grossly disproportionate to the interest of the customer. Any fees already paid will be refunded immediately by us.
§ 9 Retention of Title
The complete settlement of all claims existing against the customer relating to the contract of the delivered goods shall remain our property. As long as there is retention of title, the customer may not resell the goods or dispose of the goods; in particular, the customer may use third party contracts.
§ 10 Warranty rights
If a product is defective upon delivery, it will be replaced by us if the customer wishes so, and at our expense, by a non-defective or professionally refurbished replacement. The customer should be aware that no warranty claim is valid if the product is not defective. A warranty right does not applies and is void in the following cases:
- Damage done by the customer due to misuse, improper or inappropriate use or incorrect installation,
- With natural normal wear and tear, incorrect or negligent handling, excessive strain or improper repairs by the customer or by third parties,
- Damage caused to the products by being exposed by the customer to harmful external factors (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
The customer may specify a desired type of remedy (replacement or repair). If considering the product price, the contract and the principle of good faith is grossly disproportionate to the interests of the clients – in particular the value of the purchased item in defect-free state, the significance of the defect, whether can be used without significant disadvantages for the customer on the other type of remedy – the customer’s claim might be limited to the other type of remedy. Under the above condition we have the right to apply the alternate remedy.
Both in the case of repair as well as in the case of replacement, the customer is obligated to send the product at our expense, by quoting the order number to the return address provided by us. Before returning the goods, the customer must repackage the product including all parts. We are not liable for the loss of such items, (in this case, we will inform the customer and keep the item for the customer ready for pickup, and the customer shall bear the costs incurred).
If the customer sends the product in order to obtain a replacement product, the acceptance of the return of the defective product depends on the following terms: If the customer could use the goods between supply and return free of defects, then the customer must repay the value of what it has used. The customer shall not pay compensation for the damage caused by the intended use of the goods. The obligation to pay compensation is omitted also for the return of a defective product under warranty.
- When the right to termination deficiency is only shown during the processing or transformation,
- If we are responsible for the deterioration or destruction or if the damage would have occurred even with us,
- If the deterioration or destruction has occurred by the customer, even though he has exercised the care that he customarily exercises in his own affairs.
The liability for damages of the customer for a reason attributable to the customer breach of returning obligation is governed by the statutory provisions.
The customer can withdraw from the contract or reduce the purchase price if the repair or replacement within a reasonable period has not led to a contract fair condition of the product at its option.
The legal guarantee of us ends two years from delivery of the goods. The period begins with the receipt of goods.
Representations and warranties are only valid if granted expressly and in writing.
§ 11 Liability
In cases of slight negligence, we shall only be liable for the breach of contractual obligations that is limited to the foreseeable damage. This limitation shall not apply to injury to life, body and health. We are not liable for any other negligence caused by a deficiency or damage of the purchased product.
Regardless if we are at fault or not, we are not labile for any fraudulent concealment of the defect, or for the assumption of a guarantee. The manufacturer’s warranty is a manufacturer’s warranty and represents no assumption of a guarantee by us.
We are also not responsible if a delay is caused in the delivery, unless the damage would have occurred even with timely delivery.
The personal liability of our legal representatives, agents and employees is not engaged by causing any slight negligence.
§ 12 Applicable Law, Place of Jurisdiction
The contract between you and us will be governed by the laws of the Federal Republic of Germany in exclusion of the UN Sales Convention.
If the delivery address on your order is located outside the Federal Republic of Germany, or if you move your residence abroad after conclusion of the contract, or your residence at the time the conclusion of the contract is not known, nevertheless the jurisdiction that is applied for all disputes, and in connection with the contract will be Offenbach am Main. In all other cases, applicable jurisdiction is of the residence of the customer.
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