Terms of service
For orders placed by consumers via the webshop www.palopa-pets.com
Status: 01.08.2022
General Terms and Conditions (hereinafter ‘GTC’) for the webshop www.palopa-pets.com of LÄSSIG, Im Riemen 32, 64832 Babenhausen, Tel: +49 (0) 6073 74489 300, registered in the commercial register of the Darmstadt Local Court under HRB 33393, represented by the managing directors Dr. Torge Doser, Ingo Röller, VAT identification no.: DE214745540, (hereinafter ‘PALOPA’).
§1 Scope of application and definitions
(1) These GTC apply to all purchase contracts concluded via this webshop between PALOPA and consumers (hereinafter referred to as ‘customer’). Deviating terms and conditions of the customer are not recognised unless PALOPA expressly agrees to their validity.
(2) PALOPA is a company within the meaning of Section 14 of the German Civil Code (hereinafter referred to as ‘BGB’), as it acts as a legal entity in the exercise of its commercial activity.
(3) The customer, on the other hand, acts as a consumer within the meaning of Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
§2 Conclusion of contract, contract text
(1) The presentation and advertising of items in PALOPA's webshop do not constitute a binding offer to conclude a purchase contract.
(2) By clicking on the ‘Order with obligation to pay’ button, the customer submits a binding offer to purchase. Before submitting the order, the customer receives all information on shipping costs, delivery and payment conditions. In addition, the customer can view the GTC before placing their order by clicking on ‘GTC’ in the footer during the check-out process, whereupon they open as a pop-up in the browser. In addition, the GTC can be accessed at any time via the footer of the homepage.
(3) Once the order placed via the web shop has been received and checked, the customer will receive an e-mail sent to the e-mail address provided by the customer in which PALOPA confirms the order - enclosing all order data and a copy of the GTC and cancellation policy (order confirmation). By sending the order confirmation, PALOPA accepts the customer's binding offer to purchase. From the moment the order confirmation is sent, the contract is effectively concluded (conclusion of contract), irrespective of the selected payment method. Otherwise, a contract is concluded at the latest when the goods are delivered to the customer.
(4) The customer will then receive a separate e-mail from PALOPA containing the invoice for the respective order.
(5) As soon as the goods have left the warehouse, the customer will receive an e-mail from DHL with a corresponding tracking number for shipment tracking (dispatch confirmation).
§3 Delivery
(1) Delivery times stated by the supplier on the respective product page are calculated from the conclusion of the contract.
(2) Excluded from this are products that are only available from a certain date in the future. In this case, the delivery date is based on the delivery date indicated in red on the respective product page.
§4 Prices and shipping costs
(1) All prices stated on the PALOPA website include the applicable statutory VAT plus shipping costs.
(2) The customer can find information about shipping in the footer of the website under the heading ‘SERVICE’. It is also displayed in the order overview before the customer places his order.
(3) If the customer effectively cancels his contractual declaration, PALOPA shall reimburse the costs already paid for shipping to the customer subject to the statutory requirements.
§5 Retention of title
The delivered goods remain the property of PALOPA until payment has been made in full.
§6 Payment, offsetting and right of retention
(1) The following payment methods are available to the customer: Credit card (VISA/Mastercard/American Express/Maestro), PayPal, Shop Pay, Google Pay and Apple Pay.
(2) The customer is not entitled to offset against PALOPA's claims unless his counterclaims have been legally established or are undisputed or if he asserts complaints or counterclaims from the same contract.
(3) The customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
§7 Warranty
PALOPA is liable for defects in accordance with the statutory provisions. Reference should be made here to the new statutory regulations within the framework of warranty law, which have applied to all orders since 1 January 2022.
§8 Liability
(1) PALOPA's liability for damages, irrespective of the legal grounds, is limited in accordance with this § 8 insofar as fault is involved.
(2) PALOPA shall not be liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Essential contractual obligations are those obligations of PALOPA whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
(3) Insofar as PALOPA is liable for damages in accordance with § 8 (2), this liability is limited to damages that PALOPA foresaw as a possible consequence of a breach of contract when the contract was concluded or that PALOPA should have foreseen if it had exercised due care.
(4) The above exclusions and limitations of liability shall apply to the same extent in favour of PALOPA's executive bodies, legal representatives, employees and other vicarious agents.
(5) The limitations of this § 8 shall not apply with regard to liability for intentional or grossly negligent breaches of duty, for guaranteed characteristics, with regard to injury to life, limb or health or under the Product Liability Act.
§9 Conditions for promotional gifts/additions
(1) The customer can first place the desired items in the shopping basket. During the term of an ‘add-on promotion’, a reference to ‘selectable add-on items’ appears in the shopping basket when the minimum purchase value is reached or after the promotion condition has been met (e.g. purchase of a specific item). The bonus item must be added to the shopping basket by actively selecting it.
(2) The following general conditions apply to promotional gifts/additions:
- The customer can only receive one free gift/addition per order.
- The offer of a promotional gift/addition cannot be combined with voucher promotions. Likewise, the offer of a non-cash gift/addition does not apply to the purchase of gift vouchers.
- It is not possible to exchange gifts in kind for a refund of the regular purchase price of the bonus item.
- Promotions with promotional gifts have a minimum purchase value, which is always stated with the offer of the gift.
- Promotions with promotional gifts have a minimum purchase value, which is always stated with the offer of the gift.
- If the purchase value of the order is reduced below the respective minimum purchase value by exercising a right of cancellation/returning an item, it is not possible to grant the gift in kind/addition for this purchase. If the customer cancels the purchase of the item to which the free gift is linked, the free gift cannot be granted either. In such cases, the non-cash gift/additional item must therefore be returned with the return of the goods. In this respect, the provisions of the cancellation policy apply.
- Give-away promotions have a limited period of validity, which is also stated in the advertising for the give-away promotion. If purchases are made outside of the promotion period, the free gift/addition can no longer be granted. An extension is not possible.
§10 Right of cancellation
The customer has a statutory right of cancellation, about which he is informed below.
(1) Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier
- have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered uniformly; or
- has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately; or
- you have taken possession of the last partial consignment or the last item, if you have ordered goods that are delivered in several partial consignments or items.
To exercise the right to cancel, you must inform us (LÄSSIG GmbH, Im Riemen 32, 64832 Babenhausen, Germany, Phone: +49 6073 74489 300, Email: service@palopa-pets.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
(2) Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
(3) Exclusion of the right of cancellation
Unless PALOPA and the customer have agreed otherwise, the right of cancellation does not apply to the following contracts in accordance with Section 312g (2) BGB:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
- Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- Contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence;
- Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
(4) Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us: LÄSSIG GmbH, Im Riemen 32, 64832 Babenhausen, phone: +49 6073 74489 300, e-mail: service@palopa-pets.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
§11 Applicable law
The law of the Federal Republic of Germany applies to contracts between PALOPA and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence, remain unaffected.
Information on online dispute resolution pursuant to Art. 14 para. 1 ODR-VO:
The EU Commission has created an internet platform for the online settlement of disputes (so-called ‘ODR platform’). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Customers can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/
We are not obliged to participate in arbitration proceedings and unfortunately cannot offer participation in such proceedings.