Terms and Conditions

General Terms and Conditions and Customer Information I. General Terms and Conditions
§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( Petsation GmbH) via the internet platform www.petsation.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.

(2) If we list an article, the activation of the offer page does not constitute a binding offer to conclude a purchase contract, but rather an invitation to place an order (purchase offer submitted by you).

(3) You can submit a binding purchase offer (order) via the online shopping cart system.
The items you intend to purchase are placed in your "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal information as well as the payment and shipping conditions, all order details will be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal) as your payment method, you will first be redirected to the website of the instant payment system provider. There, you can make the appropriate selections and enter your data. You will then be redirected back to the order overview page.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting your order via the corresponding button, you submit a binding offer to us.

(4) After submitting your order, you will receive an automatic email confirmation that we have received your offer. This order confirmation does not constitute a contract.

(5) Acceptance of the offer (and thus conclusion of the contract) takes place by e-mail in which we confirm the dispatch of the goods (dispatch confirmation).
By way of derogation from this, if you use the payment method prepayment/bank transfer, the acceptance of the offer is already made by e-mail in which the execution of the order is confirmed to you or in which you are requested to pay (order confirmation).

If you do not receive a shipping or order confirmation within two days, you are no longer bound to your order. Any services already provided will be refunded immediately.

(6) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

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

(3) If you are an entrepreneur, the following additional provisions apply:

a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty
(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you

We were informed of this before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, not

but other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction does not apply:

- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not affect the contractual relationship between the parties arising from mandatory provisions of the law.

the protection afforded by the country of the consumer's habitual residence is not withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relationship with us as well as the place of jurisdiction is our registered office, unless you are a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. Your right to also bring proceedings before a court at another legal place of jurisdiction remains unaffected.

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

II. Customer information

1. Identity of the seller

Petsation GmbH
Fischerstr. 5, 79576 Weil am Rhein
Germany
Telephone: 015162855914 Email: info@petsation.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process and are

You will have to pay additional costs unless free shipping has been promised.

5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.

5.4. You have the following payment options, unless otherwise stated in the respective offer or in the online ordering process:

- Prepayment by bank transfer - Payment via PayPal
- Payment by credit card
- Payment via Sofort

- Payment via Barzahlen.de
- Payment by invoice (via Klarna)
- Payment by installment purchase (via Klarna)
- Payment by financing (via Consors Finanz)

5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

Unless a different deadline is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days after conclusion of the contract (but only after the date of your payment instruction if advance payment has been agreed).

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). Last updated: January 1, 2022