General Terms and Conditions
§ 1 Scope
These General Terms and Conditions of Business apply to all orders and deliveries between Tarigs UG (haftungsbeschränkt), Katharinenstraße 24, 10711 Berlin, Germany and its customers via the online shop www.tarigs.com.
§ 2 Order process, entering into a contract, quantity limitation
- Order process
- TARIGS offers its customers a comprehensive range for all matters concerning domestic pets. By clicking on the products or product descriptions, the customer navigates to the product details, .e.g. details regarding the product design, size or taste. The product is placed in the virtual shopping basket by entering the requested quantity and clicking on the shopping basket icon.
- By clicking on the “shopping basket” button, displayed in the top right-hand corner of the online shop, the customer navigates to an overview page and at any time can check the goods in the virtual shopping basket and, where necessary, make changes.
- If a customer does not wish to purchase additional goods, they can continue via the “To order/checkout” button. Registered customers can enter their user names and passwords here to automatically use their saved information for the order. Alternatively, the customer can register as a new customer and set up a customer account or continue the purchase without setting up a customer account. In such a case, the customer must enter their address and invoice information on the following page.
- By further clicking on the “Continue” button, the customer reaches the penultimate order stage “Overview”. The customer has access to an overview of the order here with details of the price (including the statutory VAT – depends on the delivery address) and details of the delivery service and costs.
- The order is entered into by clicking on the “Buy” button. This means a binding offer has been made.
- Entering into a contract: The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the “Buy” button the customer makes a binding offer to enter into a purchase contract. The customer thereupon receives an automated confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with TARIGS is only concluded when TARIGS sends the ordered product to the customer and the shipping to the customer is confirmed by e-mail (shipping confirmation).
- Quantity limitation: The offered goods are sold in customary domestic quantities only and just to persons of an age at which they are capable of entering into legal transactions.
3. Prices and shipping charges
The prices stated on the product pages include the statutory value added tax which is payable in Germany (orders with shipping within the European Union) and other price components and are exclusive of the respective shipping costs. You can find more information about shipping costs on our website under “Shipping”. The prices for shipping addresses outside the European Union do not include VAT. For deliveries outside the European Union, import sales taxes, duties and fees may apply.We do not sell to businesses, therefore we do not issue VAT receipts, nor do we refund the VAT.
- Shipping Charges
Information about shipping costs can be found on our website under “Shipping”.
4. Dispatch and delivery
In countries other than the Federal Republic of Germany , TARIGS only delivers to private individuals.
Unless stated otherwise in the offer, the delivery period is 3 to 5 working days. Information about delivery and shipping conditions is available on our website under “Shipping”.
In the event that some of the ordered products are not in stock, TARIGS shall be entitled to provide partial deliveries at its cost provided this is acceptable for the customer.
In the event that TARIGS is unable to deliver the ordered product because TARIGS itself is not supplied by its own suppliers, without culpability on the part of TARIGS, TARIGS may withdraw from the contract. In such a case, TARIGS shall inform the customer without delay and propose a comparable product. If a comparable product is not available, or if the customer does not wish to have that product delivered, TARIGS shall, without delay, reimburse payments made by the customer. Deliveries are free of customs duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the customer.
In the event that supplied products are damaged en route, the TARIGS customer service is to be contacted, where possible, without delay. As a result, TARIGS shall have the option of lodging a complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide notification of transport damage, this shall not have any effect whatsoever on the customer’s statutory guarantee rights.
We will always to to send your delivery with the delivery partner you have selected. However, due to circumstances beyond our control, this is occasionally not possible. Please accept our apologies for any inconvenience this may cause.
In order to fulfil customer orders TARIGS needs to pass on the customer email address, and where available contact phone number to the delivery company authorised to delivering the goods. This forms part of the contract with TARIGS. The customer does not have the right to object. For further information please see our “Privacy” page.
5. Retention of title
The goods shall remain the property of TARIGS up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by TARIGS.
6. Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. The following regulations apply to the cancellation right and the excluding of the cancellation right. If customers have any further questions about cancellations, they can contact the TARIGS customer service via firstname.lastname@example.org.
Instructions on withdrawal
The exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Tarigs UG (haftungsbeschränkt), Katharinenstraße 24, 10711 Berlin, Germany, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. You bear the immediate costs of returning the goods.
End of Information concerning the Right of withdrawal
Exclusion of the right of withdrawal
The right of withdrawal does not apply in the event of delivery of goods
- that are not pre-produced and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer’s personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
- that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
- that were post-delivery inseparably mixed with other goods.
Model withdrawal form
Sample of the model withdrawal form
(Should you wish to cancel your contract with TARIGS please complete this form and return to)
— To Tarigs UG (haftungsbeschränkt), Katharinenstraße 24, 10711 Berlin, Deutschland, firstname.lastname@example.org
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
7. Guarantee and liability
The statutory guarantee provisions apply.
TARIGS takes the protection of its customers’ data very seriously.
9. Marketing & Customer communication
If the customer concludes a contract with TARIGS and specifies the electronic mailing address (e-mail), TARIGS has the right to use this electronic mailing address (e-mail address) of the customer for direct advertising of its own similar goods or services, if the customer didn’t object to this use at the point of collection. The customer always has the right to object to the use of the electronic postal address (e-mail address) at any time by sending a communication to email@example.com, without any costs other than the transmission costs according to the basic tariffs.
10. Final provision
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Status of these General Terms and Conditions of Business: September 2019