Terms of Service
§ 1 Scope, subject and conclusion of the respective contract
1. Finally, the following terms and conditions govern the contractual relationship between BigDog24 GmbH & Co. KG - Einsiedl 59 1/9 - 82432 Walchensee, hereinafter referred to as "seller" and the respective customer.
2. These terms and conditions apply exclusively. Conflicting or differing terms and conditions of the customer are not recognized, unless the seller has expressly agreed to this in individual cases.
3. They apply both to consumers and to entrepreneurs. Consumer within the meaning of these terms and conditions is any natural person who makes the order for a purpose that can be attributed neither their commercial nor their independent professional activity. Entrepreneur in terms of these terms and conditions is a natural or legal person or a legal partnership, which acts in the exercise of their commercial or independent professional activity.
4. Subject of the contract is the sale of goods by the seller to the customer.
5. The customer can make an order of the goods through the website of the seller. After sending the order, the customer receives an order confirmation, in which his data and his order are listed again. This order confirmation does not constitute acceptance of the conclusion of the contract. The buyer is, if the seller accepts the offer, within two days, a contract acceptance or a shipping confirmation of this received. If the customer does not receive such a statement on time, he is no longer bound by his order.
6. The contract and the general terms and conditions will be sent to the customer after the order by email. In addition, the customer who has created a customer account, call his respective orders via his customer account at any time after conclusion of the contract.
7. The contract is concluded exclusively in German. It is German law applicable, as far as the customer is a merchant.
8. All prices are gross euros.
§ 2 processing of the purchase contract, shipping costs
1. The customer shall bear the shipping costs from the place of business of the seller in accordance with the shipping cost table valid at the time of the order.
2. The purchase price can be paid by cash in advance, direct debit, credit card or PayPal.
3. If a contract has been concluded, the seller is obliged, in the case of prepayment and / or payment by PayPal after full payment of the purchase price to send the goods immediately to the buyer by mail, unless the seller has at the respective goods to different delivery periods. Partial deliveries are permissible as far as they are reasonable for the buyer.
4. The seller is entitled to rescind the contract if, in spite of the prior conclusion of a corresponding purchase contract, he does not receive the object of performance; the responsibility of the seller for intent or negligence remains unaffected. In this case, the seller will immediately inform the buyer of the unavailability and immediately reimburse the buyer for any consideration already provided. In this case, the seller reserves the right to offer a product of equivalent price and quality, with the aim of concluding a new contract for the purchase of the same price and quality of the same product.
6. The customer declares by acknowledgment of the general terms and conditions that he has reached the age of 18 and thus is capable of acting or if the customer has not reached the age of 18, he declares by acknowledgment of the general terms and conditions that he is 7 years old and has obtained the consent of his legal representative before the order process. The seller points out that damages incurred by him due to false age details, incorrect address details or fun orders are asserted against the customer.
7. The customer will, as far as it is a mutual trade within the meaning of the Commercial Code, examine the ordered goods immediately after delivery. This applies in particular with regard to the completeness of the goods and the respective functionality. Defects that are detected or easily ascertainable must be reported to the seller without delay. Include a detailed description of the defect. If the buyer fails to do so, the goods shall be deemed to have been approved unless they are defects that were not identifiable during the investigation.
8. defects of the goods, which in the context of the proper examination acc. Paragraph 6 can not be determined, the seller must be notified immediately after their discovery, as far as it is a reciprocal trade; otherwise, the goods are also considered to be approved in view of this defect.
§ 3 Warranty and Liability
1. For defects of the goods, the seller is liable in principle in accordance with the statutory provisions of the sales law (§§ 434 ff. BGB) and - if the customer is a consumer - of the consumer goods purchase law (§§ 474 ff. BGB), unless in these Terms and Conditions is something else.
2. If the customer is an entrepreneur, the warranty period of the rights under § 437 No. 1 and No. 3 BGB for new articles deviating from § 438 Abs. 1 No. 3 BGB one year from the statutory limitation period. For consumers, the statutory warranty period of two years applies in the case of § 438 para. 1 no. 3 BGB.
3. If the customer is an entrepreneur, the warranty is excluded for used items. Contrary to consumers, the warranty period of the rights under § 437 No. 1 and No. 3 BGB for used articles is shortened to one year from the beginning of the statutory limitation period by derogation of § 438 (1) No. 3 BGB.
4. The seller is not liable for damages caused by slight negligence.
5. The liability limitations according to the previous numbers 2, 3 and 4 shall not apply to damages resulting from injury to life, limb or health, malicious concealment of defects, claims under the Product Liability Act, in the case of intent and gross negligence as well as in Violation of obligations the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
§ 4 Retention of title, transfer of risk and default
1. The delivered goods remain the property of the seller until full payment.
2. If the customer is an entrepreneur, the risk already passes to the entrepreneur when the consignment sale is handed over to the transport company. For consumers, the transfer of risk occurs only when the goods are handed over to the customer.
3. The customer who is not a consumer will be in default if he has not paid within 30 days of the due date. Consumers will also be in default within 30 days of their due date if they are advised of this sequence in the invoice or payment request.
§ 5 Final Provisions
1. The present General Terms and Conditions and the respectively concluded purchase contract are exclusively subject to German law, excluding the UN Sales Convention, if the customer is not a consumer.
2. If the parties are registered traders, the place of jurisdiction of the seller's domicile shall be agreed for all disputes arising out of or in connection with this contract.
3. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
4. The EU Commission's online dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr/
Our email address is: email@example.com
As of: 31.05.2015