General Terms and Conditions (GTC)
General Terms and Conditions with Customer Information
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the delivery of goods concluded between Pia Anja Mihm (hereinafter “Seller”) and consumers or entrepreneurs (hereinafter “Customer”) via the Seller’s online shop.
1.2 Any terms and conditions of the Customer that deviate from or conflict with these GTC shall not apply unless expressly agreed otherwise.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a contract.
2. Conclusion of Contract
2.1 The product descriptions displayed in the Seller’s online shop do not constitute binding offers but invite the Customer to submit a binding offer.
2.2 The Customer submits a binding offer by placing the selected goods in the shopping cart, completing the order process and confirming the order by clicking the corresponding button.
2.3 The Seller may accept the Customer’s offer within five days by
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sending an order confirmation in text form (e.g. email),
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delivering the goods, or
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requesting payment from the Customer.
The contract is concluded at the moment one of the above actions first occurs. If the offer is not accepted within this period, it shall be deemed rejected.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, in accordance with PayPal’s terms and conditions.
2.5 The contract text will be stored after conclusion of the contract and sent to the Customer by email. Customers with a user account may access their order data there.
2.6 Input errors can be corrected at any time before submitting the order.
2.7 The contract language is English.
3. Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for which an individual selection or specification by the Customer is decisive, or which are clearly tailored to the Customer’s personal needs (e.g. custom-made or personalized dog leashes or collars).
3.3 Further details regarding the right of withdrawal can be found in the separate withdrawal policy.
4. Prices and Payment Terms
4.1 All prices shown are final prices. VAT is not charged pursuant to the small business regulation under Section 19 of the German VAT Act (UStG). Any shipping costs incurred are stated separately.
4.2 The available payment methods are displayed in the online shop.
4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract.
5. Delivery and Shipping Conditions
5.1 Goods are delivered to the delivery address specified by the Customer within the delivery area indicated by the Seller.
5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the additional costs incurred as a result.
5.3 For consumers, the risk of accidental loss or deterioration of the goods shall pass only upon delivery of the goods to the Customer, unless the Customer has independently commissioned a carrier.
5.4 If a product is unavailable, the Customer will be informed without delay and any payments already made will be refunded.
5.5 Collection in person is possible if this option is offered in the online shop.
6. Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price has been received.
7. Warranty
The statutory warranty rights apply.
For entrepreneurs, the following applies in addition:
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The limitation period for warranty claims for new goods is one year from delivery.
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Warranty claims for used goods are excluded.
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The Seller may choose the type of subsequent performance.
These limitations do not apply in cases of intent, gross negligence, or injury to life, body or health.
8. Liability
8.1 The Seller shall be liable without limitation for damages resulting from intent or gross negligence, for injury to life, body or health, and in accordance with mandatory statutory provisions.
8.2 In cases of slight negligence, liability shall be limited to foreseeable damages typical for the contract, provided that an essential contractual obligation has been breached.
8.3 Any further liability is excluded.
9. Special Conditions for Customized and Personalized Goods
9.1 For customized or personalized products, the Customer shall provide all necessary information completely and accurately.
9.2 The Customer warrants that any content provided is free of third-party rights and indemnifies the Seller against any claims arising from the use of such content.
9.3 The Seller reserves the right to reject orders if the provided content violates legal provisions or public decency.
10. Promotional Vouchers
Promotional vouchers are valid only within the specified period and under the stated conditions. Cash payment is excluded.
11. Gift Vouchers
Gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances are neither paid out in cash nor bear interest.
12. Governing Law
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of their country of residence.
13. Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.