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General terms and conditions

These General Terms and Conditions (GTCs) apply to all contracts concluded via the online shop at shop.petyphoria.com between the trader, Petyphoria GmbH & Co. KG, Kreuzkamp 3, 22926 Ahrensburg, Germany, Tel.: +49 (0)4102 8912 960, and the customer.

Concluding a contract

Select products from our online shop and click ‘Add to shopping cart’, where the system will collect the items you wish to buy. When you have finished selecting products, review the details in your shopping cart. Click ‘Checkout’ to start the ordering process. Before you submit your order, you can still review and change any of the details. Click ‘Order and pay now’ to place a binding offer to purchase the products currently in your shopping cart. However, you can only do this if you have accepted these terms and conditions.

We will automatically send you an email confirming your purchase order, and you will be able to print it via the ‘Print’ function. This automatic order confirmation merely documents that we have received your order. It does not amount to an acceptance of your offer to purchase the items. The purchase contract will not come into effect until a status email has been sent to the email address you specified or until the ordered goods have been delivered to you.

Storage of the contract text

We save the contract text of your purchase order. Before sending off your purchase order, at the last stage, you can print it out by clicking ‘Print’.
We will also send a status email, containing all the order details, to the email address you specified. To view the GTCs, please go to https://shop.petyphoria.com/Unsere-AGB:_:3.html.

Reservation of title

The goods we ship to you will remain under our ownership until we have received full payment of the amount due.

Prices, shipping costs and return shipping costs in the event of cancellation

All prices are final and include the value added tax.
Shipping costs within Germany are EUR 5.90 for up to 2 kg.
Shipping costs are EUR 16,35 for packages up to 2 kg if the destination is Austria (AT), Belgium (BE), Switzerland (CH), Czech Republic (CZ), Denmark (DK), France (FR), Italy (IT), Luxembourg (LU), the Netherlands (NL) or Poland (PL).
To use an existing right of cancellation, you will need to bear the direct costs of the return shipment, assuming that the shipped goods are the ones you ordered.

Terms of delivery and availability of goods

When we specify delivery periods, we calculate from the receipt of payment. This is about five working days, unless otherwise specified for the relevant goods in our online shop.
If, at the time of your order placement, your chosen product is not available, we will let you know straight away in a status email. If the product is permanently unavailable, we will decline your order so that no purchase contract comes into effect.
If the product you specified in the order is only temporarily unavailable, we will let you know immediately in the status email.
We deliver to Austria (AT), Belgium (BE), Switzerland (CH), Czech Republic (CZ), Denmark (DK), France (FR), Italy (IT), Luxembourg (LU), the Netherlands (NL) and Poland (PL). To receive goods in a different country, please contact us via our website.
If you are a consumer, the shipping risk will be borne by us.

Terms of payment

You can choose whether to pay by PayPal, credit card or direct debit.

Warranties and guarantees

We are liable for material defects under the relevant legal provisions, particularly the German Civil Code (BGB), paragraphs 434 ff.. The warranty period for goods we supply is 12 months if we ship to businesses.

We only provide an additional guarantee for goods supplied by us if this is expressly stated in the order acknowledgement for the relevant item.

Liability

We do not accept customers’ claims for damages. The only exceptions are damage claims arising from injury to life, limb or health and from violations of essential contractual duties (i.e. material contractual obligations) as well as liability for any other damage due to intentional or gross negligence in a breach of duty, perpetrated by the trader, its legal representative or its vicarious agents. Essential contractual duties are duties that must be performed in order to fulfil the purpose of the contract.

Our liability for the violation of essential contractual duties is limited to no more than foreseeable damage as per standard contract provisions if such damage is due to simple negligence, unless the customer is claiming damages for injury to life, limb or health.

The limitations in subclauses 1 and 2 also apply to our legal representatives and vicarious agents in cases where claims are made directly against them.
The limitations of liability detailed in subclauses 1 and 2 do not apply if we have fraudulently concealed the defect or if we have issued a guarantee for the quality of the relevant item. The same applies if we have concluded an agreement with you on the quality of the item. These provisions shall not affect those arising from the German Product Liability Act (Produkthaftungsgesetz).

Cancellation

Our cancellation policy and a sample cancellation form can be found here: Cancellation policy and sample cancellation form.

Data privacy

Please click here for our Privacy policy.

Concluding provisions

All contracts between you and us are subject to the law of the Federal Republic of Germany, but not to the UN Sales Convention. If you are a consumer, then these provisions do not affect the statutory provisions limiting the choice of law or the statutory provisions on the applicability of mandatory regulations, particularly in the country where you have your habitual place of residence.

If you are not a consumer, but a business owner, a public-law entity or a separate estate under public law, then the location of our place of business shall be the place of jurisdiction for all disputes arising from contractual relations between us.

November 2018

 

 

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