Terms of service

petWALK - General Terms and Conditions

 

§ 1 Scope of Application

(1) For the legal relations established via this order between Petwalk Solutions GmbH (hereinafter referred to as "petWALK") and its customers, the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively in the version valid at the time the contract is concluded. The GTC shall also apply to all future business relations, even if they are not expressly referred to. The currently valid GTC can be accessed on the petWALK homepage at http://www.petwalk.at.

(2) If the customer is a consumer within the meaning of the consumer protection regulations at the customer's place of residence, the applicable, mandatory consumer protection regulations in this regard shall remain unaffected.

(3) petWALK directs its offer exclusively to customers residing or having their habitual residence in the European Union, Switzerland, or the UK. Deliveries shall be made exclusively to delivery addresses in these countries.

 

§ 2 General Provisions

(1) Should individual provisions of these GTC be or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. Invalid or unenforceable provisions shall be replaced by valid and enforceable provisions that come closest to them in terms of meaning and purpose.

(2) All documents belonging to promotional materials, such as illustrations, drawings, brochures, dimensions, weights, and other performance descriptions, are to be understood as approximate values only and do not constitute warranties of characteristics in particular.

(3) The content of the contract is exclusively the delivery of petWALK products. Installation services are not provided by petWALK, and petWALK assumes no liability for them.

 

§ 3 Conclusion of the Contract

(1) The presentation of goods in the online shop serves exclusively for non-binding information and does not constitute a legally binding offer to conclude a purchase contract. By submitting the order, the customer submits a binding offer to conclude a purchase contract.

(2) petWALK confirms receipt of the order by sending an order confirmation. This order confirmation does not constitute an acceptance of the offer by petWALK. It merely serves to inform the customer that the order has been received by petWALK. A purchase contract is only concluded when petWALK dispatches the ordered product to the customer or confirms the dispatch with a second e-mail (dispatch confirmation). If the order is dispatched in more than one package, it may happen that the customer receives a separate dispatch confirmation for each package. In this case, a separate purchase contract is concluded for each dispatch confirmation regarding the products listed in the respective dispatch confirmation.

 

§ 4 Contractual Language

The languages available for the conclusion of the contract are German, English, and French.

 

§ 5 Presentation of Goods

The product images used in the online shop are for illustrative purposes and may differ slightly from the actual product. In particular, colors and materials may be displayed differently due to screen settings and technical conditions. Unless expressly stated otherwise, illustrated decorative or accessory items are not included in the scope of delivery.

 

§ 6 Right of Withdrawal (Right of Cancellation)

The term "Rücktrittsrecht" commonly used in Austria corresponds to the term "Widerrufsrecht" commonly used in Germany and used in the Consumer Rights Directive. petWALK therefore uses the equivalent pair of terms "Widerrufsrecht (Rücktrittsrecht)". In the cancellation policy, only the term "Widerrufsrecht" (Right of Withdrawal) is used. This is synonymous with the Austrian term "Rücktrittsrecht".

 

CANCELLATION POLICY
Consumers have a statutory right of withdrawal. The consumer may withdraw from the contract within 14 days without giving any reasons. The withdrawal must be declared by means of an unambiguous statement (e.g. by letter or e-mail). The period begins after receipt of this notification in text form, but not before receipt of the goods by the consumer (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of the information obligations in accordance with the KSchG and FAGG. For German consumers, the provisions of Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the EGBGB as well as the duties pursuant to § 312g paragraph 1 sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB apply mutatis mutandis. The withdrawal period begins:

• in the case of sales contracts for goods, on the day on which the consumer or a third party named by them, who is not the carrier, has taken possession of the goods;

• in the case of partial deliveries, upon receipt of the last goods or partial shipment.

To exercise the right of withdrawal, the consumer must inform petWALK by means of an unambiguous statement (e.g. by letter or e-mail) of their decision to withdraw from the contract. Timely dispatch of the withdrawal is sufficient to safeguard the period. The right of withdrawal exists exclusively for consumers.

The withdrawal must be addressed to:

Petwalk Solutions GmbH
Josef Huber Straße 6 Top 1
2620 Ternitz/Austria
E-Mail: office@petwalk.at
Internet: www.petwalk.at


The right of withdrawal is excluded for goods that are manufactured according to customer specifications or are clearly tailored to personal needs, as well as for commercial customers (B2B).

 

Consequences of withdrawal:
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. Delivery costs will be refunded, with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by petWALK. If the customer is unable to return or surrender the service received or benefits derived (e.g. advantages of use) in whole or in part, or only in a deteriorated condition, the customer must pay compensation for value to this extent. This may result in the customer nevertheless having to fulfill contractual payment obligations for the period up to the withdrawal. The customer only has to pay compensation for the deterioration of the item and for benefits derived insofar as the benefits or deterioration are attributable to handling of the item that goes beyond checking its characteristics and functionality. "Checking characteristics and functionality" means testing and trying out the respective goods as is possible and customary in a retail store. Items capable of being sent by parcel must be returned immediately and in any case no later than 14 days from the day on which the customer informed petWALK of the withdrawal.

The direct costs of returning the goods are to be borne by the customer. Items not capable of being sent by parcel will be collected from the customer. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for the customer with the dispatch of the declaration of withdrawal or the item, and for petWALK with its receipt. For this repayment, petWALK will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. petWALK may refuse repayment until petWALK has received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier.

Any customs duties, taxes, or other fees incurred upon import into third countries shall be borne by the customer. In the event of a withdrawal, such fees will only be reimbursed by petWALK insofar as they were paid directly to petWALK. END OF CANCELLATION POLICY

 

§ 7 Prices and Terms of Payment

(1) All prices are stated in Euro including the respective statutory value-added tax. Due to technical reasons, it may happen that prices are displayed net and the local tax is added in the shopping cart at the latest. Prices for third countries in CHF or GBP are exclusive of value-added tax, as well as exclusive of customs clearance, import duties, fees, etc. These costs are to be paid by the customer directly to the competent authorities or to the logistics provider designated for this purpose.

(2) All prices do not include shipping costs. The purchase price and shipping costs are due for payment immediately upon receipt of the invoice. In the case of partial deliveries, partial invoices are always permissible. The customer shall bear all transfer fees or bank charges. Payments must be received on the petWALK account free of charges and in full. Payment is only deemed to have been made when petWALK has unrestricted disposition over the amount.

 

§ 8 Place of Performance and Transfer of Risk

(1) The place of performance is the registered office of Petwalk Solutions GmbH, Josef Huber Straße 6 Top 1, 2620 Ternitz. If the goods are shipped to the customer, the risk of loss of or damage to the goods passes to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer who is not the carrier. If the customer has concluded the contract of carriage themselves without choosing a shipping method proposed by petWALK, the risk passes upon handover of the goods to the carrier.

(2) If the customer grants the shipping service provider a drop-off permission or a comparable delivery instruction (e.g. drop-off at the front door, in the garage, or with a neighbor) or if delivery is made to a collection station or a parcel shop, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon delivery at the respective location. This does not apply in cases of intent or gross negligence on the part of petWALK, nor in cases of mandatory statutory liability.

 

§ 9 Delay and Default of Acceptance

(1) Delivery periods and dates will be complied with by petWALK as far as possible. They shall be deemed to be estimated delivery dates unless expressly agreed as binding. A withdrawal from the contract by the customer due to a delay in delivery is only possible after setting a grace period of at least two weeks. The withdrawal must be declared in an unambiguous form (e.g. by letter or e-mail).

(2) If the customer does not accept the goods, petWALK may either insist on performance of the contract or withdraw from the contract after setting a grace period of at least two weeks and utilize the goods otherwise or store them at the customer's expense.

 

§ 10 Retention of Title

(1) The delivered goods remain the property of petWALK until full payment has been made. The processing or resale of the goods takes place within the ordinary course of business under retention of title.

(2) NY customer is not entitled to pledge goods subject to retention of title or to assign them as security. In the event of default of payment, imminent cessation of payments, or in the case of enforcement measures against the customer, petWALK is entitled to dismantle and/or otherwise take back the goods subject to retention of title without this being equated to a withdrawal from the contract. The customer is obliged to surrender the goods.

(3) In the event of seizure or other enforcement actions regarding the goods subject to retention of title by third parties, the customer is obliged to point out petWALK's right of ownership and to notify petWALK immediately. The customer is responsible for all costs and damages incurred by petWALK as a result of such third-party interventions.

 

§ 11 Warranty

(1) petWALK warrants that the goods possess the expressly stipulated or otherwise usually assumed characteristics and are free from manufacturing and material defects. The warranty period is two years in accordance with the following provisions, commencing upon receipt of the goods.

(2) If the installation, operating, and maintenance instructions of petWALK are not followed, modifications are made to the products, parts are replaced, or consumable materials are used that do not correspond to the original specifications, warranty claims are excluded to the extent that the defect is attributable to this. This also applies if the defect is due to improper use, storage, and handling of the devices, external interventions, or the improper opening of the goods. In this context, reference is made to the user manual and the installation and assembly manual, the installation and assembly instructions of which must be strictly observed.

(3) If the customer asserts defects, they must send the defective part or device and a precise description of the fault, if applicable stating the model and serial number, as well as a copy of the delivery note or invoice with which the goods were delivered, to petWALK.

(4) petWALK is free to fulfill its warranty obligation by remedy of defects or replacement. Warranty claims do not exist for wear-and-tear parts and materials.

(5) The customer agrees to install required safety and functional updates for the petWALK.control, provided they have been informed about them. If the installation of a provided update is omitted, petWALK shall not be liable for defects or damage demonstrably attributable to the lack of installation. petWALK is entitled to access technical data and device settings to the extent necessary for the performance of the contract. Changes to settings will only be made if technically necessary or agreed upon with the customer.

(6) Insofar as the buyer is an entrepreneur within the meaning of § 14 BGB, subsequent performance shall be limited, at petWALK's discretion, to the remedy of the defect or the delivery of a defect-free item. § 439 para. 3 BGB shall not apply in relation to entrepreneurs. Other costs arising in connection with the replacement of the goods are excluded.

 

§ 12 Limitation of Liability

(1) Claims for damages by the buyer are excluded unless they are based on intent or gross negligence by petWALK. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the contractually typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. Claims for damages due to defects shall be governed by the statutory provisions. Insofar as the liability of petWALK is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents of petWALK. In particular, liability is excluded for defects and consequential damages due to faulty assembly, installation, or handling of petWALK products, especially in the case of improper use contrary to the instructions in the user manual or the installation and assembly manual.

(2) The buyer is responsible for assessing the installation requirements in accordance with the petWALK user manual. petWALK shall only be liable for damages resulting therefrom in accordance with the provisions of paragraph 1.

(3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

(4) All details and information on the petWALK website are provided to the best of our knowledge, but without warranty for accuracy, completeness, or timeliness. Liability for content on the website is excluded to the extent permitted by law. Furthermore, petWALK reserves the right to make changes and additions to the content at any time without prior notice, provided that no essential contractual obligations are affected thereby.

 

§ 13 Other Provisions

(1) The assignment or pledging of claims or rights to which the customer is entitled against petWALK is excluded without petWALK's consent, unless the customer proves a legitimate interest in the assignment or pledge.

(2) A right of set-off exists for the customer only if their claim counterposed for set-off has been legally established or is undisputed.

 

§ 14 Applicable Law

Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For entrepreneurs, the exclusive place of jurisdiction is the registered office of petWALK. For consumers, the statutory places of jurisdiction shall apply. Consumers may assert claims either at the registered office of petWALK or at the consumer's place of residence.

 

§ 15 Contact Information

Petwalk Solutions GmbH
Josef Huber Straße 6/1, 2620 Ternitz, Austria
Commercial Register: FN 345043t, Regional Court of Wiener Neustadt
VAT ID No.: AT U74770429 / VAT 332963102