Terms and Conditions
§ 1 Applicability
For all orders via our online store by consumers and entrepreneurs, the following general terms and conditions (GTC) apply.
A consumer 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 a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become an integral part of the contract if we have expressly agreed thereto.
Individually agreed terms take priority over these GTC.
§ 2 Conclusion of Contract, Contract Language
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking "Order with obligation to pay" in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as ware booking or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) Exclusive contract language shall be German. Translations of these GTC into other languages serve information purposes only. In the event of contradictions between the German text and the translations, the German text shall prevail.
§ 3 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 2 (2) of these GTC.
§ 4 Storage of the contract text
We save the text of the contract and send you the order data and our GTC by e-mail. You can view the contract text in our customer login
§ 5 Prices and Payment Conditions
(1) When ordering through the online store those prices stated therein at the time of the order shall be valid. The prices indicated are final prices, i.e. they include the applicable German statutory value-added tax.
(2) Prices do not include shipping and packing charges and possible cash on delivery (C.O.D.) charges. Shipping and packing charges will be announced to the customer before the order. Any customs duties and similar public charges shall be borne by the Customer.
(3) Supplying the customers by the Seller shall be chosen by the customer via the following payment methods: advance payment either by bank transfer or via Paypal. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
(4) If the customer chooses advance payment, then the payment is due within 14 calendar days after the contract conclusion.
(5) When paying using PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
(6) The seller provides the customers with an invoice that is delivered to him upon delivery of the goods or otherwise is received in writing
§ 6 Retention of Title
(1) The goods shall remain our property until full payment.
(2) For entrepreneurs also the following applies: You are entitled to resell the goods under retention of title. However, you may not pledge the reserved goods or assign them by way of security. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. We accept this assignment. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
§ 7 Delivery Conditions
We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.
§ 8 Warranty in case of purchasing goods
The statutory liability for defects applies. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
§ 9 Limitation of Liability
We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
§ 10 REVOCATION RIGHT
As a customer you have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your revocation right, you must inform us (IQ Dogsport, Schulstraße 2, 85107 Baar-Ebenhausen, Telefax: 08453/4363239, phone: 08453/3380205, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, a fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (IQ Dogsport, Schulstraße 2, 85107 Baar-Ebenhausen) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods
Sample Revocation Form
(If you wish to revoke the contract, please complete this form and return it to us).
Attn: IQ Dogsport
I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:
ordered on (*)/received on (*)
name of customer(s)
address of customer(s)
signature of customer(s) (only if notification on paper)
(*) Delete where applicable
Exclusion of the right of withdrawal (reasons for exclusion or expiry)
The right of withdrawal does not apply to the following contracts:
-Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
-Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
If the customer has purchased the products purchased from us for the purpose of his or her commercial or independent professional activity, there is also no right of withdrawal, since in this case the customer is not acting as a consumer, but in his or her capacity as an entrepreneur.
The revocation is to be addressed to:
- End of the cancellation policy -
§ 11 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in an out-of-court arbitration procedure before a consumer arbitration board
§ 12 Data Privacy
§ 13 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.