AGB
General Terms and Conditions (GTC) with customer information
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Vitomalia Ltd (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented in the Seller's online store.
1.2 These Terms and Conditions apply accordingly to contracts for vouchers, unless expressly stipulated otherwise.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
2) Conclusion of contract
2.1 The products displayed in the online shop do not constitute a legally binding offer by the seller, but rather an invitation to the customer to submit an offer.
2.2 The customer submits a binding offer to purchase the goods in the shopping cart via the order form integrated in the online shop by completing the electronic ordering process and clicking on the final order button.
2.3 The seller may accept the customer's offer within five days.
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by sending the customer an order confirmation in text form (e.g., by email),
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by shipping or delivering the ordered goods to the customer, or
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by requesting payment from the customer after the order has been placed.
The contract shall come into effect at the point in time when one of the aforementioned alternatives first occurs.
2.4 The contract text will be stored by the seller after conclusion of the contract. If the customer has created a customer account in the online shop, order data can be viewed there. Regardless of this, the customer will receive their order data and contract information by email.
2.5 Before submitting a binding order, the customer can continuously correct their entries using the usual keyboard, mouse, or touch functions.
2.6 The contract can currently be concluded in German and English. Other languages may be offered on the shop website.
2.7 Orders are usually processed and contact is usually made by email. The customer must ensure that the email address they provide is correct and can receive messages.
3) Prices and payment terms
3.1 Unless otherwise stated in the respective product description, the prices quoted are total prices including statutory sales tax, if applicable. Any additional shipping costs will be shown separately during the ordering process.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, in particular, import duties, customs duties, taxes, or fees charged by banks and payment service providers.
3.3 The customer can use the payment methods shown in the online store.
3.4 If a payment method offered via Shopify Payments is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The individual payment methods offered via Shopify Payments are communicated to the customer in the online store.
3.5 If a payment method offered via PayPal is selected, payment processing will be carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the respective PayPal terms of use.
3.6 The seller reserves the right to exclude certain payment methods in individual cases if there is an objective reason for doing so.
4) Delivery and shipping conditions
4.1 Delivery shall be made to the delivery address specified by the customer during the ordering process within the delivery areas offered by the seller.
4.2 The delivery address provided by the customer when placing the order is decisive for processing. Incorrect or incomplete information is at the customer's expense.
4.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable additional costs incurred by the seller as a result. This shall not apply if the customer effectively exercises their right of withdrawal and is not responsible for the failed delivery.
4.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the seller hands over the goods to the forwarding agent, carrier, or other shipping service provider.
4.5 If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Any statutory exceptions remain unaffected.
4.6 The seller is entitled to make partial deliveries, provided this is reasonable for the customer.
4.7 If, in exceptional cases, an ordered product is not available even though the seller has concluded a corresponding covering transaction, the seller reserves the right to withdraw from the contract. In this case, the customer will be informed immediately and any consideration already paid will be refunded without delay.
4.8 For logistical reasons, it is not possible to collect the goods yourself.
5) Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
6) Liability for defects / warranty
6.1 Statutory liability rights for defects apply, unless otherwise specified below.
6.2 The customer is requested to check the goods immediately upon receipt for correctness, completeness, and visible damage, and to notify customer support of any obvious defects or transport damage as soon as possible. Failure to do so has no effect on the statutory rights of consumers in the event of defects.
6.3 In order to investigate complaints, the customer is obliged to provide the seller with the information necessary to assess the defect to a reasonable extent. This may include, in particular, meaningful photos or videos of the product, the defect, the packaging, or the shipping label. Without reasonable cooperation, the processing of the complaint may be delayed or rejected if it is otherwise not possible to investigate.
6.4 In particular, damage or wear and tear caused by improper use, normal wear and tear, excessive strain, improper storage, external influences, or unauthorized modifications to the product shall not be considered a defect.
6.5 Products such as Collars, Leashes, Harnesses, Dog Beds, textiles, and similar items are subject to natural wear and tear when used as intended. Signs of wear, changes typical for the material, or wear and tear resulting from normal use do not constitute a defect.
6.6 If a defect actually exists, the seller shall, at its discretion, provide subsequent performance in accordance with the law, either by replacement delivery or repair, insofar as this is possible and reasonable. If subsequent performance is impossible, has failed, or is unreasonable for the customer, the customer's statutory rights shall remain unaffected.
6.7 To the extent legally permissible and objectively justified, the seller may also offer a voucher or credit note instead of a replacement delivery as part of a mutually agreed solution. Mandatory statutory consumer rights remain unaffected by this.
6.8 For entrepreneurs, the limitation period for claims for defects in new goods is one year from delivery of the goods. For used goods, claims for defects against entrepreneurs are excluded to the extent permitted by law.
6.9 If the customer acts as a merchant within the meaning of the German Commercial Code, the commercial obligations to inspect and give notice of defects shall apply.
6.10 A replacement delivery or goodwill gesture does not constitute a new, independent voluntary warranty. The customer's mandatory statutory rights remain unaffected.
7) Redemption of promotional vouchers
7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns and cannot be purchased (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
7.2 Individual products may be excluded from voucher promotions if this is stated on the respective promotional voucher.
7.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is excluded.
7.4 Only one promotional voucher can be redeemed per order, unless expressly stated otherwise.
7.5 If the value of the promotional voucher is insufficient, the difference can be paid using another payment method offered.
7.6 Cash payments, interest payments, or retroactive crediting of promotional vouchers are excluded.
7.7 If goods that were paid for in whole or in part with a promotional voucher are returned within the scope of the statutory right of withdrawal or a justified complaint, there is no entitlement to payment of the voucher value in cash.
8) Redemption of gift vouchers
8.1 Gift vouchers that can be purchased via the online shop can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
8.2 Gift vouchers and remaining credit balances are redeemable until the end of the third year after the year in which the voucher was purchased.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is excluded.
8.4 Several gift vouchers can be redeemed for one order, provided this is technically possible.
8.5 Gift vouchers cannot be used to purchase additional gift vouchers.
8.6 If the credit balance of a gift voucher is insufficient, the difference can be paid using another payment method offered.
8.7 Cash payments, interest payments, or payments by bank transfer of the voucher value are excluded to the extent permitted by law.
8.8 Gift vouchers are transferable. The seller can make payment with discharging effect to the respective holder who redeems the voucher in the online shop, unless the seller has knowledge or grossly negligent ignorance of a lack of authorization.
9) Applicable law
9.1 All legal relationships between the parties shall be governed by the laws of the Republic of Cyprus, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 With regard to consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the state in which the consumer has his or her habitual residence.
10) Place of jurisdiction
10.1 If the customer is acting as an entrepreneur, 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 seller shall be the seller's registered office, insofar as this is legally permissible.
10.2 The seller shall also be entitled to sue the customer at the customer's general place of jurisdiction.
11) Alternative dispute resolution
11.1 The seller is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.