Terms and Conditions - General Terms and Conditions

Terms and conditions of Pawsome dog accessories


Pawsome GmbH, represented by managing director Eva-Maria Schober, operates an online shop at www.pawsome-shop.at, www.pawsome-shop.de and www.pawsome-shop.com through which goods can be ordered. The following general terms and conditions of business and use apply exclusively to orders or contracts made or concluded via this online shop or received in person, by telephone, by email, by fax or by post. Differing general terms and conditions of the customer will not be recognized by Pawsome GmbH unless otherwise agreed in writing.

1. Purchase and delivery conditions
1.1. Orders via the online shop are only accepted by legally competent customers.

1.2. The product offers in the online shop and as part of a warehouse sale are subject to change. By clicking the “Order for a fee” button at the end of the ordering process, the customer places a binding order for the goods contained in the shopping cart. This is also the case if the customer places his/her order with Pawsome GmbH in another manner specified (in person, by telephone, by fax, by email or by post). Pawsome GmbH will immediately confirm receipt of the order to the customer in the electronic ordering system, first on the screen and in any case subsequently by email.

1.3. A contract for the delivery of the goods is only concluded through an express order acceptance by Pawsome GmbH or upon delivery of the goods. If the customer does not receive an express order acceptance or delivery of goods from Pawsome GmbH within two weeks of submitting the binding order, he/she is no longer bound to his or her order.

1.4. Pawsome GmbH will generally accept every order, but expressly reserves the option not to conclude a contract in certain cases. This is particularly the case - if there are typographical or printing errors on the website, which become the basis of the customer's offer - if the customer's information gives rise to reasonable suspicion that the customer is ( n) will not fulfill their contractual obligations properly - if, due to the customer's behavior not complying with the contract in the course of processing another purchase contract, there is a suspicion that the customer will not be properly fulfilling their contractual obligations again will fulfill.

1.5. Goods are only sold in normal household quantities. Pawsome GmbH reserves the right to make deviations in terms of color, design and shape, provided that the quality and price of the goods delivered correspond to the goods ordered.

1.6. Payments can be made by customers via bank transfer in advance, credit card or Paypal.

1.7. In the event of fraudulent purchase, Pawsome GmbH reserves the right to take legal action against the customer.

2. Statutory right of withdrawal
2.1. Right of withdrawal according to § 5e KSchG: If the customer is a consumer, he/she can withdraw from the contract declaration or the concluded contract without giving reasons within a period of seven working days (Saturday does not count as a working day). The period begins at the earliest with receipt of this cancellation information and at the latest with receipt of the goods. The cancellation can be made in writing (e.g. letter, fax, email) or by returning the goods. To meet the withdrawal deadline, it is sufficient if the declaration of withdrawal or the goods are sent within the deadline. Declaration of withdrawal or returned goods must be sent to:
Pawsome GmbH, Eva Schober, Kendlerstraße 41/5/1, 1160 Vienna, info@pawsome-shop.at

2.2. Consequences of withdrawal: In the event of an effective withdrawal, the services received by both parties must be returned and, if necessary, any benefits made. If the customer cannot return the service received to Pawsome GmbH in whole or in part or in a deteriorated condition, he/she is obliged to pay compensation to Pawsome GmbH. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as the customer would have been able to do in a store. Items that can be sent as parcels must be returned at the risk of Pawsome GmbH. The customer bears the return shipping costs. Pawsome GmbH undertakes to repay the purchase price immediately upon receipt of the declaration of withdrawal, whereby the fulfillment of the repayment obligation depends on the return of the received services (procedurally) by the buyer.

3. Exclusion of the right of withdrawal
3.1. The right of withdrawal does not apply to deliveries of goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature or that can spoil quickly or whose expiry date has been exceeded (§ 5f KSchG) .
3.1.2Reduced goods are also not covered by the right of withdrawal, provided they do not have any defects. Products from the B:Ware Outlet are also excluded from exchange or return.
However, Pawsome GmbH grants customers the right to exchange the goods for a voucher for the shop.

4. Prices and delivery and shipping costs
4.1. All prices stated in the web shop are final prices in euros including the applicable sales tax.

4.2. The delivery and shipping costs result from the delivery method as well as the total value and total weight of the delivery. We currently deliver free of charge from the stated order value. Packaging and shipping costs may apply additionally and will be charged separately.

4.3. Pawsome GmbH expressly reserves the right to adjust shipping costs in the future. Shipping costs may vary depending on the products ordered and the payment method. They will be communicated to the customer in detail before a binding order is placed.

5. Deliveries
5.1. Deliveries are made via DPD (within Austria and to DE) and by post (EU and rest of the world).

5.2. Unless otherwise agreed, delivery takes place from the warehouse to the shipping address specified by the customer.
As a rule (for products in stock), the delivery time is three (Austria) or five (Germany) working days from the day following the order, whereby Saturday does not count as a working day.
Products that are only manufactured to order according to individual customer requirements have a production time of 10-14 working days. After shipping (handover to the parcel service provider), the delivery time of five working days begins.

6. Delivery reservation
6.1. Delivery is subject to the condition that Pawsome GmbH has the goods in stock or that the goods are available for delivery. A claim for damages due to non-delivery is deemed to be excluded in the event of minor negligence on the part of Pawsome.

7. Payments
7.1. The purchase price is due without deduction at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price must be paid for the partial quantities delivered.

7.2. The customer pays exclusively to Pawsome GmbH. The necessary data will be communicated by email after ordering.

7.3. Payments can be made by customers by bank transfer, credit card or Paypal. In the case of postal or parcel service delivery, delivery is made against bank transfer, stating the invoice number. To protect our credit risk, we reserve the right to exclude certain payment methods in individual cases. We will point this out when concluding the contract.

7.4. The costs of payment transactions are borne by the customer if the contract is processed properly. No surcharges are charged when paying by card.

7.5 . Pawsome GmbH asks its customers not to send credit card details in emails, but rather to only enter credit card details in the online shop's forms provided for this purpose.

8. Retention of title
8.1. The delivered goods remain the property of Pawsome GmbH until all invoice items have been paid in full.

9. Default, set-offs, retention
9.1. In the event of late payment, the customer will be charged default interest at the statutory rate. We expressly reserve the right to assert further damages. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. The customer only has the right to offset if his or her counterclaims have either been legally established, are undisputed or have been recognized by Pawsome.

10. Guarantee & Warranty
10.1. If delivered items obviously have material or manufacturing defects, including transport damage, you are requested to report such defects to Pawsome GmbH immediately by email to info@pawsome-shop.at.

10.2. Complaints about feed can only be acknowledged within two days of delivery of the goods.

11. Liability
11.1. Pawsome GmbH is liable for damages resulting from injury to life, body or health resulting from a negligent breach of duty by Pawsome GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent.

11.2. Furthermore, Pawsome GmbH is only liable for intent and gross negligence, including on the part of its legal representatives and vicarious agents, unless an obligation is violated, compliance with which is of particular importance for the purpose of the contract. If one of these obligations is violated, Pawsome GmbH is also liable for minor negligence.

11.3. However, liability is limited to an amount of EUR 600 as well as to damages that are typically expected to arise within the framework of a contract for the purchase of goods.

11.4. Liability under the Product Liability Act remains unaffected.

12. Disclaimer / liability for links
12.1. The offer in the online shop contains links to external Internet sites over whose content Pawsome GmbH has no influence. The respective provider is therefore responsible for the content of the linked pages. If legal violations become known on linked pages, we ask the users of the webshop for help in order to be able to remove the link if necessary.

13. Industrial property rights
13.1. Pawsome GmbH holds the intellectual property rights for its own content (e.g. graphics, sounds, texts, databases). Reproduction or distribution of this content in other publications (including electronic or printed) or use of the trademark is not permitted without express consent.

13.2. The publications in the webshop are subject to Austrian copyright law. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author. Third party contributions are marked as such. Downloads and copies of this page are only permitted for private and not for commercial use.

14. Data protection and data security
14.1. Within the scope of what is legally permissible and taking into account the respective interests worthy of protection, data exchange may take place for creditworthiness and credit checks. The data is treated as strictly confidential and in accordance with legal requirements.

14.2. Please understand that Pawsome GmbH reserves the right not to subsequently offer the selected payment method for initial and subsequent orders, depending on the credit check. In this case, we will immediately offer you an alternative payment method.

15. Final provisions

15.1. The customer can only transfer rights and obligations from this contract to a third party with the prior written consent of Pawsome GmbH.

15.2. The law of the Republic of Austria applies exclusively to all claims arising from this contract, excluding private international law and the UN Convention on Contracts for the International Sale of Goods.

15.3. If individual provisions of these General Terms and Conditions are or become legally invalid, this will not affect the effectiveness of the remaining provisions.

16. Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

The seller is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.