§ 1 Validity, definitions of terms

(1) Hundeversum GmbH, Teichstraße 63, 4523 Neuzeug, Austria (hereinafter: “we” or “Hundeversum GmbH”) operates an online store for goods under the website https://hunde-versum.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://hunde-versum.com.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:

1. Selection of the desired goods,
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
3. Check the details in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Complete the order by clicking the “Buy now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) If the contract is concluded, the contract is concluded with Hundeversum GmbH, Teichstraße 63, 4523 Neuzeug, Austria.

(5) Before placing an order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions, and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential characteristics of the products

(1) The subject of the contract is our online store:

1. The sale of goods. The specific goods on offer can be found on our product pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable, in the shopping cart system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time varies depending on the delivery address and goods are only dispatched after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Contract language

The contract language is exclusively German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.

(3)Animal protection regulations and the Animal Protection Act, as well as the storage of the animals in the dog transport boxes and their load securing, are excluded from liability.

(4) We are not liable for any damage caused by or to your animal.

§ 9 Warranty/Customer Service

(1) The warranty shall be governed by the statutory provisions.

(2) The warranty period for goods delivered to entrepreneurs is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.

(4) Our customer service for questions, complaints and claims is available at office@hunde-versum.com +436641477614 Monday-Friday 08-16.

§ 10 Final provisions/dispute resolution

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlements of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding.

 

Special Terms of Use, Safety, Warranty and Liability Provisions for Dog Transport Crates, Accessories, Dog Sports Equipment and All Products in Our Range

1. Intended Use

The dog transport crates offered by us are intended exclusively for transporting dogs in suitable motor vehicles.

The dog transport crate is intended exclusively for the temporary accommodation of a dog during transport. Any use outside this intended purpose is considered improper use.

In particular, the dog transport crate is not intended to be used as permanent or temporary animal accommodation, a holding crate, sleeping place, kennel or for any other form of keeping or confining a dog.

A dog must never be left unattended in the dog transport crate.

This applies in particular during interruptions to a journey, breaks, and in stationary or parked vehicles.

Use for any other purposes is expressly not intended. In particular, dog transport crates must not be used to transport persons, children, other animal species or objects.

In particular, the dog transport crate must not be used as a seat, step, storage surface, load carrier or for any other purpose not expressly intended.

The dog transport crate may only be used in accordance with the product description and the assembly, operating and safety instructions supplied with it.

Any improper use is carried out at the user’s own responsibility, to the extent permitted by law.

2. Suitability for the Vehicle and Dog

Before using the dog transport crate, the customer or user must check whether the selected crate is suitable for the vehicle concerned with regard to its dimensions, design and available securing options.

Where a dog transport crate is selected or manufactured on the basis of vehicle data, dimensions, photographs, models or other information supplied by the customer, the customer is responsible for ensuring that such information is complete and accurate.

This does not affect any express confirmation given by us that a particular model is suitable for a specifically identified vehicle.

The user must also ensure that the size and design of the dog transport crate are suitable for the dog being transported and allow the dog to be transported in a manner consistent with animal welfare requirements.

When selecting the crate, particular consideration must be given to the dog’s size, weight, body structure, age, health and behaviour.

3. Mandatory Positioning in the Vehicle

The dog transport crate must be positioned in the vehicle so that the designated rear wall of the crate is in close-fitting and, as far as possible, full-surface contact with the vehicle’s rear seat bench or rear seat backrest.

There must be no avoidable gap between the rear wall of the dog transport crate and the rear seat bench or rear seat backrest that would allow the crate to move freely at first during braking, acceleration, evasive manoeuvres or an accident and thereby acquire additional kinetic energy.

Close-fitting positioning of the dog transport crate against the rear seat bench or rear seat backrest forms part of its intended use.

If such positioning is not possible due to the geometry of the vehicle, the dog transport crate may only be used if an alternative installation or securing method expressly approved by us is provided.

4. Securing the Dog Transport Crate

Before every journey, the dog transport crate must be properly secured against slipping, tipping over, shifting, lifting or any other uncontrolled movement.

For this purpose, the designated attachment points, lashing facilities or other suitable securing devices of the vehicle and the dog transport crate must be used in accordance with the respective assembly and safety instructions.

Merely placing the dog transport crate in the boot or cargo area without adequate securing is not permitted.

The crate must be secured in such a way that it cannot move uncontrollably even duri