general standard terms and conditions

GTC

Stand: 24.11.2020

 

These general terms and conditions (GTC) apply to all contracts that are concluded via dogpaper GmbH i. G. multilingual online shop (www.dogpaper.eu) between dogpaper GmbH i. G. and their customers. The contracts will be closed in the version valid at the time of the respective order.

 

1. General / clientele

  1. “Provider” in the sense of the following terms and conditions

dogpaper GmbH i. G.
Donnerschweer Straße 149
26123 Oldenburg

Telephone: +49 (0)441 93 92 94 5
E-Mail: info@dogpaper.de

VAT ID no .: DE304123441

– hereinafter referred to as “provider” or “dogpaper” –

  1. This contract regulates the sale of the provider’s goods using means of distance selling communication. For the details of the respective offer, reference is made to the product description on the offer page.

  2. The offer is aimed exclusively at “consumers” in the sense of §13 BGB, ie at natural persons who enter into business relationships with dogpaper without this being attributable to their commercial or independent professional activity.

2. Registration / customer account / order process

  1. A customer account is required to order via the online shop. For this purpose, users must first register with a valid email address belonging to the user and a password of their own choosing. As part of the registration, dogpaper sends a confirmation e-mail and sets up a customer account.

  2. The customer then has the opportunity to manage and update their customer data, such as delivery address and, if applicable, their orders / subscriptions in the customer account.

    Users are obliged to keep their customer and payment data up to date at all times.

  1. The ordering process consists of the following steps:

    • First, the customer selects the product with the desired specification and delivery interval (when subscribing)

    • They will then be asked to enter the billing / delivery address or to confirm the data from the customer account

    • Finally, on the control page, the customer receives an overview of the essential features of the product to be ordered and the delivery interval (for subscription). The selection can be checked here.

    • The customer is then asked to select the desired method of payment and after confirmation, the order is completed by pressing the button “order for a fee” (or a comparable, clear identification). With this, dogpaper is offered the conclusion of a purchase contract.

    • A confirmation email will then be sent from dogpaper that the order has been received.

Customers can correct mistakes in the entry during the ordering process. To do this, the “back” button (or a comparable, unique identifier) ​​must be followed.

3. Conclusion of contract / storage option and inspection of the contract text

  1. The offers presented represent initially a non-binding invitation from dogpaper to customers to submit an offer. By confirming their order by clicking the button “order for a fee” (or a comparable clear label), they accept this offer.

  2. A legally binding contract is only concluded if dogpaper either sends an order confirmation within 2 weeks of the order or the goods are received by the customer.

  3. The acceptance of the offer is at the discretion of the provider.

     
  4. The provider keeps these terms and conditions and the other contractual provisions with the data of the respective order in the ordering process ready for retrieval. Customers can archive this information there by downloading the terms and conditions and using the browser functions to save the data summarized in the order process in the online shop. Otherwise, you can wait for the automatic confirmation of the order’s receipt, which will be sent to the specified email address after the order has been completed. This order confirmation email once again contains the data of the order and can be easily printed out or saved with the help of the email program.
     
  5. The contract text is saved by the provider, but for security reasons it cannot be accessed directly by customers. dogpaper offers a password-protected log-in area for every customer. With the appropriate registration, customers can manage their own data and view order data here. The GTC in the version valid for new contracts can be found on our website.

4. Contract duration / Termination

  1. If the contract relates to recurring / permanent services (subscription), the contract is concluded for an indefinite period. Each contracting party has the right to terminate such a contract with a notice period of 5 working days (Monday to Friday) to the next delivery date without giving reasons. The right to extraordinary termination for an important reason, in particular repeated breaches of the main contractual obligations, remains unaffected.
  2. Cancellation can be made in the customer account using the cancellation function or in text form (by post or e-mail).

 

5. Reservation of proprietary rights

  1. The delivered goods remain the property of dogpaper until they have been paid for in full.

 

6.Prices, price changes, shipping costs, return costs

  1. All prices are final prices and include the statutory sales tax.

  2. Our subscription offer and the prices for it may change from time to time. However, any change(s) will not take effect until the next billing cycle after the customers have been notified.

  3. Customers can see the shipping costs for delivery in the order process and on payment/delivery.

  4. From a value of 10 € dogpaper takes over the shipping costs within Germany.

  5. In the case of partial deliveries, a possible delivery fee only applies once.

  6. If there is a right of withdrawal and this is used, customers in accordance with § 357 Paragraph 6 Clause 1 BGB the costs of the return.

7. terms of payment

  1. The customer has the following payment options:

    • PayPal
    • VISA, MasterCard, AmericanExpress, Discover, JCB, Maestro, Diners or UnionPay brand credit cards

    • SEPA direct debit

  2. dogpaper reserves the right to offer additional payment methods in individual cases and / or to restrict the choice of payment methods.

  3. The payment processing of the payment methods credit card payment and SEPA direct debit takes place in cooperation with Stripe Payments Europe, Ltd., c / o A & l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), under the validity of the Stripe – Terms of use, available at https://stripe.com/de/terms, to which the seller assigns his payment claim. Stripe will collect the invoice amount from the customer’s specified credit card or bank account. In the event of an assignment, payments can only be made to Stripe with a debt-discharging effect.

  4. dogpaper accepts credits on its PayPal account. This is done on account of performance (§ 364 II BGB). The provider is PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449, Luxembourg. The contractual relationship between PayPal and its customers is based exclusively PayPal’s terms of use.

  5. The credit card will be charged immediately after the customer’s order or two days later by SEPA direct debit.

  6. Even if the payment method credit card payment, SEPA direct debit or PayPal is selected, the seller remains responsible for general customer inquiries e.g. on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.

  7. If payment by SEPA direct debit is agreed, …

    • … by accepting these terms and conditions, the customer authorizes dogpaper and their payment service providers to collect payments from his / her account by direct debit. At the same time, he / she instructs his / her bank to redeem the direct debits drawn by the payee on his / her account.

    • … the debit takes place when the goods are ready for dispatch for collection by the parcel service provider or no later than 2 days after the customer order is sent in the online shop; depending on what occurs earlier.

    • … the customer confirms that he / she is authorized to issue a SEPA direct debit mandate for the account specified in the order process. The customer has to ensure that the account has sufficient funds. The customer has to bear the costs arising from a return debit, insofar as he / she is responsible for this.

    • … in the event of a revocation, withdrawal, return or complaint, the customer must not object to the SEPA direct debit in order to avoid unnecessary effort and costs. The amount of money to be repaid by dogpaper to the customer will be credited back to the account to which the SEPA direct debit was debited or, if this has been agreed between dogpaper and the customer, a credit will be issued.

       

    • … by placing the order and accepting these conditions, the customer issues the following SEPA direct debit mandate to:

Account holder of the debiting account: Stripe Payments Europe Creditor name: dogpaper GmbH

Stripe Payments Europe, Ltd. mandate reference and creditor identification number will be provided upon request. SEPA direct debit mandate

==================

 

I authorize Stripe Payments Europe, Ltd. to collect payments from my account by direct debit. At the same time, I instruct my bank, which Stripe Payments Europe, Ltd. to redeem direct debits drawn on my account.

 

Note: I can request reimbursement of the debited amount within eight weeks, starting with the debit date. Applicable in this regard by the contract with my bank conditions.

Name of the account holder: as specified by the customer in the order process

IBAN: as specified by the customer in the order process

Date of issue: date of the order

  1. Late payments will incur default interest in the agreed amount as well as costs for appropriate reminders. If the internal dunning process is unsuccessful, the bank can transfer the outstanding claim to a debt collection agency for collection. In this case the customer may incur costs for legal action by debt collection agencies and for legal representation.

(Continuation on the right column)

(Continued 7. Terms of payment)

  1. If the contract relates to recurring / permanent services (subscription), dogpaper and / or your payment service provider will save the customer’s payment data, which is necessary for the recurring payments (such as the credit card number). This data is used exclusively to debit the selected payment method with the recurring purchase price, the amount of which depends on the products selected in the subscription.
  2. The customer agrees to the aforementioned data storage in point 8 and the recurring payment.

8. Delivery terms

  1. On average, the shipment takes about 1-3 working days.
     
  2. The package will be delivered within Germany no later than 7 working days after the order, unless one of the following scenarios occurs
    • the product description shows a different delivery time
    • prepayment is agreed
    • the ordering party chooses a delivery time.
  3. Dogpaper will inform the customer immediately about the occurrence of delivery delays.
  4. If dogpaper is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, although a corresponding hedging transaction was made in good time, dogpaper has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be reimbursed immediately.

9. Guarantee

  1. The customer has a statutory right to liability for defects for the services offered.

10. “Invite friends” program and vouchers

  1. dogpaper reserves the right to offer one or more “invite friends” or other customer loyalty programs at different times and under different conditions. The customer is not entitled to participate.
  2. The amount of the bonus to be credited for the advertiser depends on the current conditions of the “Invite Friends” program at the time of the order by the referred customer.
  3. Credit that is credited to the customer from the “Invite Friends” programs is automatically redeemed for his / her next possible delivery. If the collected credit exceeds the purchase price of the delivery, the offsetting takes place with the following deliveries until the credit is exhausted.
  4. dogpaper reserves the right to terminate the program at any time, even prematurely. Credits that have already been purchased remain valid.
  5. Acquired credits that are not redeemed by subscribers expire – subject to other regulations in the program – at least at the end of the 3rd calendar year after which the credit was acquired.
  6. A transfer to a third party, a cash payment or other further use is excluded in any case.
  7. The customer may pass an individually created voucher code on to friends or publish it on a private website, a private blog, a social media account such as Facebook, Instagram, Twitter, Tiktok, Pinterest or Tumblr.
  8. Publication on commercial media or media from third-party providers, in particular on voucher sites, deal blogs and / or forums, is expressly prohibited. If the voucher code is shared on such media, dogpaper is entitled to block these voucher codes and to devalue the resulting credit without compensation.
  9. dogpaper also reserves the right – at different times and under different conditions – to offer one or more voucher program(s). The individual customer is not entitled to receive such vouchers.
  10. The value of the vouchers depends on the current conditions of the voucher program at the time of issuing.
     
  11. Unless otherwise specified, the following voucher conditions generally apply:
    • Vouchers are not transferable.
    • Vouchers are generally only valid for new customers.
    • The voucher must be redeemed when ordering. Subsequent crediting of vouchers is not possible.
       
    • Vouchers cannot be combined with a possible credit.

11. Right of withdrawal

  1. As consumers, customers have a statutory right of withdrawal:

Right of withdrawal

1. The customer has the right to withdraw from the contract within 14 days without giving reasons.

2. The withdrawal period is 14 days from the day,

(1) In the case of a sales contract: on which the customer or a third party named by him / her, who is not the carrier, has taken possession of the goods.

(2) In the case of a contract for several goods, which the consumer has ordered as part of a single order and which are delivered separately: on which the customer or a third party named by him / her, who is not the carrier, has taken posession of the last shipped goods.

(3) In the case of a contract for the delivery of goods in several partial shipments or pieces: on which the customer or a third party named by him / her who does not Is the carrier who has taken possession of the last partial shipment or the last piece.

(4) In the case of a contract for the regular delivery of goods over a specified period of time: on which the customer or a third party named by him / her, who is not the carrier, has taken possession of the first goods.

3. If several alternatives come together, the last time is used essential.

4. In order to exercise the right of withdrawal, customers must send dogpaper (dogpaper GmbH i.G., Donnerschweer Straße 149, 26123 Oldenburg, email: info@dogpaper.de) a clear declaration (e.g. a letter or e-mail sent by post) about his / her decision to withdraw from this contract. The attached model withdrawal form may be used.

5. To meet the withdrawal deadline, it is sufficient that the notification of the exercising the right of withdrawal is sent before the withdrawal period has expired.

 
Consequences of the withdrawal

1. If the customer cancels this contract, dogpaper has to repay all payments by the customer immediately and np later than within 14 days from the day on which the notification of the cancellation has been received by dogpaper – including delivery costs (with the exception of the additional costs, resulting from a different type of delivery than the one offered by dogpaper, chosen by the customer),

 

For this repayment, dogpaper uses the same method of payment that was used for the original transaction, unless something else was expressly agreed with the customer; in this case, the customer will be charged fees for this repayment. dogpaper can refuse repayment until they have received the goods back or until the customer has provided evidence, that he/she has returned the goods, whichever is earlier.

2. The customer has to send/hand the goods immediately – and in any case no later than 14 days from the day on which he / she informs dogpaper about the revocation of this contract – to

dogpaper GmbH i. G.
Donnerschweer Straße 149
26123 Oldenburg

The deadline is met if the customer sends the goods before the period of 14 days has expired.

3. The customer bears the direct costs of returning the goods.

4. The customer only has 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 to check the nature, properties and functionality of the goods.

 
END OF REVOCATION
SAMPLE WITHDRAWAL FORM

(If you want to cancel the contract, please fill out this form and send it back to us.)

To:

dogpaper GmbH i. G.
Donnerschweer Straße 149
26123 Oldenburg

E-Mail: info@dogpaper.de

I / we (*) hereby revoke the contract concluded by me / us (*) about the purchase of the following goods (*) / the provision of the following service (*):

____________________________________________

Ordered on (*) / received on (*):

____________________________

Name and address (consumers)

____________________________

signature (consumers) (only when notified on paper)

____________________________

Date

____________________________

(*) Cross out inapplicable

  1. According to § 312 g paragraph 2 BGB, the right of withdrawal expires prematurely in the case of:

No. 3) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

 

12. Disclaimer of liability

  1. In the case of slightly negligent breach of duty, dogpaper’s liability is limited to the foreseeable, contract-typical and direct damage according to the type of goods. In particular, dogpaper is not liable for lost profit or other financial losses of the ordering party. The limitation of liability also covers liability for unauthorized acts.
  2. The limitation of liability does not apply to customer claims for damages due to injury to life, limb, health or essential contractual obligations that must necessarily be fulfilled in order to achieve the contractual objective. Likewise, the limitation of liability does not apply to claims for damages after grossly negligent or willful breach of duty by dogpaper or its legal representative or vicarious agent.
  3. This exclusion of liability also applies to the legal representation, employees and vicarious agents of dogpaper, if customers make claims for damages against them.

 

13. Contract language, applicable law and place of jurisdiction

  1. The contract is drawn up in German. The further implementation of the contractual relationship will be in German.
  2. The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Convention (CISG). For consumers, this only applies to the extent that this does not restrict any mandatory statutory provisions of the state in which the customer has their place of residence or habitual residence.
  3. The place of jurisdiction for disputes arising from or in connection with the order with those ordering who are not consumers is the domicile of dogpaper in Oldenburg.
  4. For consumers who have their domicile or habitual abode in the Federal Republic of Germany when the contract is concluded, this also applies if the ordering party relocates his/her domicile or habitual abode to another country or the domicile or habitual abode of the customer in if a lawsuit is not known.

14. EU online dispute resolution and general information obligation according to §36 VSGB

  1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at ec.europa.eu/consumers/odr. Our email address is: info@dogpaper.de. We are neither obliged nor willing to participate in the dispute settlement procedure.
  2. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board (§36 VSGB).

 

15. Subject to change

  1. dogpaper is entitled to change these terms and conditions or other conditions.
  2. The terms and conditions in force at the time of the order apply.
  3. Changes to the subscription (e.g. sizes, designs or delivery intervals) initiated by customers are considered individual orders.

 

16. Severability clause

  1. The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions. Instead of the ineffective clause, an effective clause is deemed to have been agreed which comes closest to the actual agreed clause in economic terms. This also applies in the event of a loophole.