Terms & Conditions

I. Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (House of Pet Design GmbH) via the website www.wirliebenhunter.de or www.stylecats.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its self-employed professional or commercial activity when concluding a legal transaction.

§ 2 Accessibility

(1) Pursuant to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our online presence and/or our service in electronic commerce meets the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., “Accessibility Statement” or similar) on our online presence and includes in particular the following points:

• a description of the applicable accessibility requirements;
• a general description of the service in an accessible format;
• descriptions and explanations required to understand how the service is provided;
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services – institution under public law (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
E-mail: kontakt@mlbf-barrierefrei.de

(3) Where applicable, we use artificial intelligence (AI) and special tools to implement the accessibility requirements on our online presence. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labeled button on our online presence referred to in paragraph (1).

(4) Our online presence and/or our service in electronic commerce is accessible if it can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and generally without external assistance.

(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient color contrast, navigability via mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

• The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
• After clicking the “Checkout” or “Proceed to Order” button (or similar wording) and entering your personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.
• If you use an instant payment system as your payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
• If you are redirected to the respective instant payment system, you will make the relevant selection or enter your data there.
• Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
• Before submitting the order, you have the option to review the details in the order overview once again, change them (also using your browser’s “back” function) or cancel the order.
• By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs”, “pay” / “pay now” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.

(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Individually Customized Goods

(1) You shall provide us with suitable information, texts or files required for the individual customization of the goods via the online ordering system or by e-mail, at the latest immediately after the conclusion of the contract. Any specifications we may provide regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all third-party claims asserted in this context. This also includes the costs of any legal representation required in this context.

(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors. Personalized items are therefore excluded from exchange.

§ 5 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed under a correspondingly labeled button on our website and during the online ordering process. For payment processing, “PayPal” may use additional payment services; if special payment terms apply, you will be informed separately. Further information about “PayPal” can be found at www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Shopify Payments”

If you select a payment method offered via “Shopify Payments”, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods via Shopify Payments are displayed under a correspondingly labeled button on our website and during the online ordering process. For payment processing, Stripe may use additional payment services; if special payment terms apply, you will be informed separately. Further information about Shopify Payments can be found at www.shopify.com/de/legal/terms-payments/de.

§ 6 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

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

§ 7 Warranty

(1) The statutory rights for defects apply.

(2) As a consumer, you are requested to check 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 has no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the parties.

§ 8 Choice of Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no 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. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.

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

II. Customer Information

1. Identity of the Seller

House of Pet Design GmbH
Kirchplatz 7
32791 Lage
Germany
Telephone: 05232 9805350
E-mail: service@wirliebenhunter.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

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” in our Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the Terms and Conditions will be sent to you again by e-mail.

4. Codes of Conduct

4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, available at: www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Service

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

6. Prices and Payment Terms

6.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise that are not attributable to us, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by financial institutions), which must be borne by you.

6.4. Any costs incurred for money transfers (transfer or exchange rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

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

7. Delivery Conditions

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

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

8. Statutory Liability for Defects

Liability for defects is governed by the provision “Warranty” in our Terms and Conditions (Part I.).

These Terms and Conditions and customer information were prepared by lawyers specialized in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.