General Terms and Conditions of Business of PetCo GmbH (hereinafter “AGB”)

1. Scope of Application

These AGB shall apply to any utilization and order of goods via the websites of www.dogslove.com and www.catslove.com and www.wow.pet as valid at the time of ordering. Any business relations between the Customer and PetCo GmbH (operator of the online shop, PetCo for short) shall be governed exclusively by the following AGB. Any contradictory or additional conditions by the Customer shall not become part of any contractual agreement and shall be deemed explicitly rejected unless explicitly agreed to. Customers can save and print these AGB.

2. Contracting Party

The Contracting Party shall be

PetCo GmbH
Hasnerstraße 123
Vienna 1160
Austria

The registered office of PetCo GmbH in Hasnerstraße 123, Vienna 1160, shall be deemed the place of fulfillment.

3. Conclusion of Contracts

3.1. Contracts shall be concluded only with legally competent persons. If such requirement is not met by the Customer, PetCo shall be entitled to withdraw from the contract (provided such contract even came into existence).

3.2. The presentation of goods in the Online Shop does not constitute a binding offer by PetCo for the conclusion of a contract of sale. The Customer’s order constitutes an offer to buy the ordered goods from PetCo. By sending off the order in the Online Shop, the Customer places a binding offer for the conclusion of a contract of sale for the goods contained in the shopping cart. By sending off the order, the Customer shall also acknowledge the exclusive applicability of these AGB to the legal relationship with PetCo. The Customer shall be informed of the receipt of the order once it is received by PetCo. Such notification (advice of receipt) by itself shall not constitute acceptance of the offer. The Customer is obliged to fill out all mandatory items in the order form marked * in full and truthfully. A contract of sale shall only come into effect once the offer has been accepted by sending an advice of dispatch, but no later - if such advice was not sent - than upon receipt of the ordered goods.

4. Contract Language

The contract language shall be German.

5. Prices and Payment

5.1. Prices are quoted inclusive of all taxes including VAT and levies, but exclusive of any cost related to shipping. All prices are quoted in EUR (euros). The prices quoted on the website on the day of delivery shall apply.

5.2. Payment of goods can be effected by Klarna instant transfer, credit card (Visa, Mastercard), or PayPal.

5.3. In case PetCo is charged any fees by the Customer’s financial institution, PetCo reserves the right to pass such charges on to the Customer. This shall apply in particular to any return debits not caused or approved by PetCo.

5.4. Statutory interest on arrears shall apply in the event of late payment. Any and all pertinent cost arising from to the intervention of collection agencies and lawyers to collect receivables shall be borne by the Customer. The Customer undertakes to reimburse PetCo for any collection and reminder fees incurred in the event of default; with regard to collection agencies, the Customer undertakes to reimburse such fees as result from the relevant regulation by the Federal Ministry of Economic Affairs governing the maximum rates due to collection agencies.

6. Delivery and Shipping Fees

6.1. The goods ordered will be dispatched to the Customer from the warehouse within 2 to 3 business days from receiving full payment or the order.

6.2. Should any technical or logistical issues necessitate shipment in several installments, we will only charge shipping fees once.

6.3. No shipping fees will be charged on orders of EUR49.90 or more; smaller orders are subject to flat shipping fees of EUR4.90 for Austria & Germany.

6.4. Information on the availability of products can be found in the Online Shop. PetCo hereby points out to the Customer that any and all information on availability, dispatch, or delivery of a product represent only tentative estimates. They shall not constitute any firm or guaranteed times of dispatch or delivery. If PetCo, while processing an order, realizes that the product ordered by the Customer is not available, PetCo will inform the Customer accordingly by separate email. If PetCo, through no fault of its own, is unable to deliver goods ordered by the Customer (e.g., because a supplier failed to meet its obligations), PetCo shall be entitled to withdraw from the contract.

6.5. If delivery to the Customer is not possible for reasons within the Customer’s responsibility, because the Customer is not present at the delivery address stated or does not pick up delivery within the time period allowed, the Customer shall bear the cost for the unsuccessful delivery as well as return of the goods.

6.6. Shipping Fees outside of Austria & Germany

Regardless of the value of the goods ordered, PetCo shall charge the following shipping fees:

6.7. Customs regulation do not allow delivery to NON-EU COUNTRIES and SWITZERLAND at this time.

7. Instructions on Statutory Right of Withdrawal

7.1. The Customer shall have the right to withdraw from a contract concluded with PetCo within 14 days without stating any reason.

The withdrawal period shall be 14 days

• from the day on which the Customer or a designated third party who is not the carrier has taken possession of the goods;
• in case of a contract for several products ordered by the Customer within a single order and delivered separately: from that day on which the Customer or a designated third party who is not the carrier has taken possession of the final product;

or

• in case of a contract for the delivery of goods in several partial shipments or installments: from that day on which the Customer or a designated third party who is not the carrier has taken possession of the final shipment or the last item;

7.2. In order to exercise their right of withdrawal, customers shall inform PetCo of their decision to withdraw from the contract by means of a clear and unambiguous declaration (e.g., by letter, fax, or email)-

Such declaration of withdrawal shall be sent to:

PetCo GmbH
Hasnerstraße 123
Vienna 1160
Austria

Phone: +43 1 795 10
Fax: +43 1 795 10 20
Email: office@dogslove.com

The deadline for withdrawal shall be deemed met if the Customer sends a declaration on exercising said right of withdrawal prior to the expiry of the withdrawal period.

7.3. Consequences of withdrawal: if the Customer withdraws from a contract concluded with PetCo pursuant to Sections 7.1 and 7.2, PetCo shall return to the Customer any and all payments received from the latter, including shipping fees (with the exception of any additional cost arising from the Customer choosing a form of delivery other than the cheapest form of standard shipping offered by PetCo), forthwith and no later than within 14 days from that day on which PetCo has received notification about withdrawal from the contract. For such repayment, PetCo shall use the means of payment used by the Customer for the original transaction unless something different is explicitly agreed with the Customer. PetCo shall not charge the Customer any fee for the repayment.

7.4. PetCo shall have the right to refuse repayment until the goods have been returned to PetCo or the Customer provides evidence of having sent the goods back, whichever is earlier.

7.5. The Customer shall send or hand back the goods forthwith and no later than within 14 days from that day on which the Customer has informed PetCo about the withdrawal from the contract. The deadline shall be deemed met if the Customer dispatches the goods before the 14-day period expires.

Goods shall be sent back to:

TVS Europaverkehre Speditionsges.m.b.H
Industriestrasse 33
2353 Guntramsdorf
Austria

The Customer shall bear the direct cost of returning the goods. Shipments must be packed in such manner that any damage to the goods in the course of return delivery due to improper packaging can be excluded.

7.6. The Customer shall be liable for any loss in value of the goods only if such loss was caused by handling the goods in a manner not required for checking the nature, properties, and functioning of the goods.

7.7. Exceptions from the right of withdrawal: The Customer shall not have any right of withdrawal from contracts concerning

• goods manufactured to the Customer’s specifications or clearly tailored to personal needs;
• goods that are perishable or whose expiry date would be exceeded quickly;
• goods that are delivered sealed and cannot be returned for health or hygiene reasons if such seal was broken after delivery;
• goods that were, due to their nature, inseparably mixed with other goods after delivery.

8. Exchange

Beyond the statutory right of withdrawal, the exchange of goods that are free from defects and have been delivered as ordered in terms of type and quantity shall be excluded.

9. Retention of Title

The goods shall remain the property of PetCo until full payment. In case of any delay in payment, PetCo is entitled to assert rights under retention of title. It shall be agreed that the assertion of retention of title shall not include withdrawal from the contract unless specifically stated by PetCo.

10. Copyright

PetCo shall reserve any and all rights to the content of this website, in particular to brands, logos, figures, photos, layout, etc. Any and all use of content of this website shall require the explicit written consent of PetCo. Products are shown as symbolic images.

11. Warranty

Warranty is offered in accordance with legal regulations. PetCo reserves the right to first rectify any damage free of charge to the Customer. In case of defective delivery, PetCo shall bear the cost of uninsured shipping. Monetary reimbursement shall be provided only as an exception in case PetCo delivered the wrong goods and replacement by an adequate substitute is not possible.
PetCo shall not be liable for any manufacturer guarantees. PetCo shall also not be liable for any defects resulting from improper operation or caused by a third party.

12. Exclusion of Liability

PetCo shall be liable for any damage other than through injury to life, body, or health only to the extent that such damage was caused intentional or grossly negligent conduct or culpable violation of a material contractual obligation on the part of PetCo or its vicarious agents. Any liability for damages beyond that shall be excluded. This shall not affect any claims arising from any guarantees offered by PetCo for the nature of the purchase item or from the Product Liability Act.

13. Offsetting Ban

An offset against existing counterclaims shall be allowed only in the case of insolvency, if the claims are legally related to each other, if the claim has been established by a court, or if the claim has been acknowledged by PetCo. In all other cases, any offset against existing counterclaims shall be excluded.

14. Redeeming Special Offer Vouchers/Discount Vouchers

14.1. Special offer vouchers (vouchers you cannot purchase, but which are issued by PetCo in the course of advertising campaigns) shall be valid only within the time period stated and shall be redeemable only once per order. Special offer vouchers can only be redeemed before finalizing an order transaction. Subsequent credit cannot be granted. It is not possible to combine several special offer vouchers within one order. PetCo reserves the right to exclude individual products from voucher offers.

14.2. If the balance on a special offer voucher is insufficient to cover the order, the difference may be settled using one of the methods of payment offered. If the value of the product is lower than the balance on the special offer voucher, it will not be possible to refund any remaining balance for administrative reasons. It shall generally not be possible to request a cash payout of the balance on a special offer voucher. No interest shall accrue on the balance on a special offer voucher.

14.3. Special offer vouchers cannot be transferred to third parties. No refund shall be given if goods are returned in full or in part.

15. Redemption of Gift Vouchers

15.1. Gift vouchers (vouchers that can be purchased) can only be redeemed before finalizing an order transaction. Subsequent credit cannot be granted. It shall be possible to redeem several gift vouchers within a single order. Gift vouchers can be combined with no more than one special offer voucher. Gift vouchers cannot be used to purchase further gift vouchers.

15.2. A gift voucher shall be considered redeemed once it has been credited to an order.

15.3. PetCo shall not be liable for any loss, theft, or illegibility of vouchers not caused by PetCo. Likewise, PetCo shall not assume any liability for spelling errors in the email address of the voucher recipient not caused by PetCo.

15.4. Gift vouchers can be transferred. Using the vouchers for commercial purposes as well as copying, editing, or manipulating the vouchers shall not be permitted.

15.5. To redeem gift vouchers in the customer account or view your existing balance, please go to: “My User Account” on www.doslove.com.

16. Data Protection

Detailed information on the gathering, processing, and use of personal data can be found in the column “Data Protection”: for DOG’S LOVE, see here, for CAT’S LOVE, see here, and for WOW!, see here.

17. Internet Presence

PetCo is responsible for the content of the websites www.dogslove.com, www.catslove.com as well as www.wow.pet and shall not be held liable for any damage that may be incurred by accessing the websites www.dogslove.com, or www.catslove.com, or www.wow.pet. The websites www.dogslove.com, www.catslove.com, and www.wow.pet may contain links to websites of other providers. PetCo shall not be responsible for third-party content accessible via such links.

18. Severance Clause

Should any provisions of these AGB be or become invalid or ineffective, the validity and effectiveness of the remaining provisions of these AGB and the contract shall remain effective. The invalid provision shall be amended or replaced in such manner as to ensure that the intended economic purpose is achieved to the greatest extent possible.

19. Place of Jurisdiction, Applicable Law

The court factually and geographically competent for PetCo’s registered head office shall be agreed to have exclusive jurisdiction concerning contracts with businesses. In the case of contracts with consumers from an EU member country, the consumer shall be free to choose between the court competent for their place of residence and the jurisdiction of the company’s place of business.

Unless prohibited by other statutory regulations, the contracting parties agree applicability of Austrian law. The UN Convention on International Sales of Goods as well as any provisions referring to said Convention shall be explicitly excluded. Consumers from within the EU shall be subject to their statutory national regulations on consumer protection unless the Austrian regulations are more favorable for the consumer in the respective case.

Special Provisions Applying to Business Customers of PetCo GmbH (B2B)

1. Scope of Application

1.1. In addition to our AGB as valid from time to time, the following special provisions shall apply to business customers. In case of contradictory provisions, the special provisions for business customers shall apply exclusively.

1.2. Business customers shall be all natural or legal persons not subject to the Customer Protection Act (KschG).

2. Prices and Payment

2.1. Any orders shall be subject to the prices according the B2B price list valid at the time. Prices stated therein are quoted ex works from our central warehouse in Vienna.

2.2. Payment of goods can be effected by Klarna instant transfer, credit card (Visa, Mastercard), or PayPal. We shall grant a 2% cash discount on payment by instant transfer.

3. Order

3.1. The minimum order value is EUR49.00. It shall only be possible to order cans in selling units (6 cans per selling unit) of the same sort and product line.

4. Shipping

4.1. For orders of a net amount of at least EUR300.00, PetCo will not charge any shipping fees within Austria. For orders of a net value below EUR300.00, the shipping charges within Austria will amount to EUR0.30 per kilo of filling weight.  Shipments within Austria will be subject to a flat shipping fee of EUR29.00 per EUR-pallet.

4.2 For orders of a net amount of at least EUR500.00, PetCo will not charge any shipping fees within Germany. For orders of a net value below EUR500.00, the shipping charges within Germany will amount to EUR0.30 per kilo of filling weight.  Shipments within Germany will be subject to a flat shipping fee of EUR29.00 per EUR-pallet.

4.3. For orders of a net amount of at least EUR1,500.00, PetCo will not charge any shipping fees within other EU states (for provisions regarding Germany, see 4.2). For orders of a net value below EUR750.00, the shipping charges within Germany will amount to EUR0.25 per kilo of filling weight.

4.4. The Business Customer is obliged to return the EUR-pallet we send within 14 days of delivery of the goods. If the pallet is not returned within said period, PetCo shall be entitled to charge a lump-sum penalty of EUR5.00 per day of delay. If the EUR-pallet can no longer be returned, PetCo shall have the right to charge a fee of EUR39.00 plus VAT.

4.5. Customs regulation do not allow delivery to NON-EU COUNTRIES and SWITZERLAND at this time.

5. Warranty

The Business Customer shall inspect the goods received forthwith for completeness or any defects and shall submit a notice of defects in writing concerning any deviations or defects found within 7 calendar days. Notice of hidden defects shall be given as soon as they become apparent. If notice of defects is not submitted in time, the goods delivered shall be deemed accepted. Any claims from warranty and damages for the defect itself and error shall be excluded in such case.

6. Offsetting Ban

For business customers, any offset against existing counterclaims shall be excluded in any case unless the claim has been established by a court or acknowledged by PetCo.

7. Liability

In the case of business customers, PetCo shall only be liable for damage caused by intentional or grossly negligent conduct on the part of PetCo or its vicarious agents. Any liability for slight negligence, with the exception of personal injuries, shall be excluded regardless of any legal grounds.

Beyond the above, PetCo shall be liable to businesses that are not deemed consumers within the meaning of KschG only to the extent of such damage as could typically be anticipated by PetCo at the time of conclusion of the contract on the basis of circumstances known to PetCo at such time. In no case, however, shall such liability exceed the amount of EUR1,500.00. Any liability in excess of the above, such as, in particular, for lost profits, missed savings, indirect and consequential damage, shall be excluded. The above restriction of liability shall apply to any and all claims for damages irrespective of any legal grounds.

8. Applicable Law and Agreement on Place of Jurisdiction

The legal relationship between PetCo and any business customers shall be subject exclusively to Austrian law under exclusion of the UN Convention on International Sales of Goods as well as under exclusion of Austrian and international conflict rules.

For any and all disputes between PetCo and its business customers, Vienna shall be agreed to be the sole place of jurisdiction. PetCo, however, shall be entitled file suit against the Business Customer with the court competent for the latter’s registered head office.

Link to the platform for online dispute resolution: ec.europa.eu/consumers/odr

Version as of: May 1, 2018