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General Terms and Conditions with Customer Information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for defects (Warranty)
8. Liability
9. Redemption of promotional vouchers
10. Applicable Law
11. Place of jurisdiction
12. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of XXOO Pets Family GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless something else has been agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller via email.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to make payment after placing their order.
If several of the aforementioned alternatives are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the 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 (hereinafter: "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), in accordance with the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There will be no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by providing the corresponding login details.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.
2.9 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instruction.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. tariffs). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/.
4.5 When selecting a payment method offered through the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information on "Shopify Payments" can be accessed online at https://www.shopify.com/legal/terms-payments-de.
4.6 When selecting a payment method offered through the payment service "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Stripe will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about Stripe can be accessed online at https://stripe.com/de.
4.7 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal instruction apply in the case of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
"If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made."

7) Liability for defects (Warranty)
"Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:"
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for warranty rights is one year from the delivery of the goods;
- defects rights are excluded for used goods;
- the limitation period does not restart when a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and time reductions regulated above do not apply.
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual manner of use and have caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a consumer, they are requested to report any obvious transport damage of delivered goods to the carrier and to inform the seller of this. If the customer fails to do so, it will have no effect on their statutory or contractual claims for defects.

8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason.
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise provided for in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.
8.3 Furthermore, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers
9.1 Vouchers that are issued by the seller as part of promotional campaigns with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
9.4 Multiple promotional vouchers can also be redeemed with an order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law
"For all legal relationships of the parties, the law of the Republic of Austria shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence."

11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a public law special fund with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Republic of Austria, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is in any case entitled to call upon the court at the customer's registered office.

12) Alternative Dispute Resolution
"The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board."

Copyright Notice: These Terms and Conditions were created by the specialized lawyers of the IT Law Firm and are protected by copyright (https://www.it-recht-kanzlei.de)

Status: March 27, 2025, 09:53:25 AM