General Terms and Conditions

with customer information (GTC)

1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Daniel Thonhofer, operating under “mamo pet sports” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Conclusion of contract
2.1 The product descriptions contained in the online store of the seller do not represent binding offers on the part of 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 store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may submit the offer to the seller by telephone, e-mail, mail or online contact form.
2.3 The seller may accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (order confirmation by e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
– by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login data, provided that the customer has created a customer account in the online store of the seller before submitting his order.
2.5 Before placing a binding 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The English language is available for the order process.
2.7 The processing of orders and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal
3.1 As a general rule, consumers have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices and terms of payment
4.1 All prices quoted are inclusive of VAT, unless otherwise stated in the Seller’s product description. Any additional delivery and shipping costs are indicated separately in the respective product description or are listed during the ordering process.
4.2 For deliveries in countries of the European Union, additional costs may be incurred in some individual cases, which are beyond the responsibility of the seller and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to 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) are provided to the customer in the online store of the seller.
4.4 In the case of advance payment by bank transfer, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms and conditions of use, which can be viewed under
http://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at
http://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 In the case of selection of the payment method “PayPal Express”, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms and conditions of use, which can be viewed under
http://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at
http://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
4.7 In the case of selection of the payment method EPS direct debit, the invoice amount is due for payment after issuance of an EPS direct debit mandate, but not before expiry of the deadline for the advance information. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. order confirmation, invoice, policy, contract) from the seller to the customer announcing a debit by EPS direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback of the respective credit institution if he is responsible for this. The seller reserves the right to perform a credit check when selecting the payment method EPS direct debit and to reject this payment method in case of a negative credit check.
4.8 In the case of selecting the payment method EPS direct debit, the invoice amount is due for payment after issuance of an EPS direct debit mandate, but not before expiry of the deadline for the advance information. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. order confirmation, invoice, policy, contract) from the seller to the customer announcing a debit by EPS direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback of the respective credit institution if he is responsible for this. The seller reserves the right to perform a credit check when selecting the payment method EPS direct debit and to reject this payment method in case of a negative credit check.
4.9 In case of selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with Stripe.com (510 Townsend Street, San Francisco, CA 94103, USA) to which the Provider assigns its payment claim. Stripe.com collects the invoice amount from the specified credit card account of the customer. In case of assignment, payment can only be made to Stripe.com with debt-discharging effect. The credit card will be charged immediately after sending the customer’s order in the online store. Even if the payment method credit card payment via Stripe.com is selected, the provider remains responsible for general customer inquiries, such as regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.

5. Delivery and shipping conditions
5.1 Delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 In the case of goods delivered by freight forwarding, delivery shall be made “free curbside”, i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online store and unless otherwise agreed.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
5.4 Due to logistical reasons, personal pickup is not possible.

6. Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Warranty
7.1 If the purchased good is defective, the provisions of the statutory warranty for defects shall apply.
7.2 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage or to accept the goods only by adding the sentence “Acceptance subject to reservation” and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8. Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 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.
8.7 The balance of a promotional voucher is neither paid out in cash nor does it earn any interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

9. Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The place of jurisdiction is Leoben.

10. Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://www.ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.