Terms and Conditions for orders in the online shop


Terms and Conditions with customer information


1. Scope

1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Pferdegold Vertriebs GmbH, Weinbergstraße 9, 97342 Seinsheim (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").


1.2. The customer can contact customer service for questions, complaints and objections
weekdays from 9:00 a.m. to 1:00 p.m. at telephone number 093 325 999 099
or by email at info@pferde-gold.de .


1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code).





1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.








2. Offers and service descriptions


2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.


2.2. The customer can select products from the seller's product range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. Within the shopping cart, the product selection can be changed, for example, deleted. The customer can then complete the order process within the shopping cart by clicking the [Checkout] button.


2.3. By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before completing the order, the customer can edit and review the data at any time, return to the shopping cart using the browser's "back" function, or cancel the order process entirely. Required information is marked with an asterisk (*).


2.4. The seller will then send the customer an automatic confirmation of receipt by email, which will list the customer's order again (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute a purchase contract. The purchase contract is only concluded when the seller has handed over the ordered product to the customer within two days, or has confirmed shipment to the customer within two days with a second email, express order confirmation, or sending the invoice.

2.5. If the seller allows payment in advance (here: payment by direct debit), the contract is concluded upon providing the bank details and requesting payment within the next 14 days. If payment is not received by the seller within 14 calendar days of the order confirmation being sent, even after a further request, the seller will withdraw from the contract, with the result that the order is invalid and the seller is not obligated to deliver. Therefore, an item will be reserved for a maximum of 14 calendar days when paying in advance (payment by direct debit).






3. Prices and shipping costs

3.1. All prices stated on the Seller's website include the applicable statutory value-added tax.


3.2. Shipping costs are free for deliveries within Germany. For deliveries to Austria, a flat shipping fee of EUR 6.90 applies.





4. Delivery, availability of goods

4.1. Unless otherwise agreed, the goods will be delivered from our warehouse to the specified address in Germany or Austria. Delivery time is approximately 2-3 business days for deliveries within Germany and approximately 4-5 business days for deliveries to Austria. If payment in advance has been agreed, delivery will take place approximately 3-4 days after receipt of the invoice amount.


4.2. Should delivery of the goods fail due to the customer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.


4.3. The seller is not obligated to deliver the ordered goods if it has properly ordered the goods itself, but the goods were not delivered correctly or on time (congruent hedging transaction). This is conditional upon the seller being not responsible for the lack of availability of the goods. Furthermore, the seller must not have assumed the risk of procuring the ordered goods. In the event of such unavailability of the goods, any payments already made will be refunded to the customer immediately. The seller does not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described by their type and characteristics (generic goods). The seller is only obligated to deliver from its inventory and the goods ordered from the supplier.






5. Terms of payment

5.1. The customer can choose from the available payment methods during and before completing the order process. Payment can be made by:

• Credit card
• Paypal.
• Payment in advance (here: payment by direct debit ("Sofortüberweisung" Klarna))
• Instant bank transfer (Klarna)
• iDeal
• EPS transfer
• Bancontact
• Purchase on account (Klarna)



5.2 The selection of available payment methods is the responsibility of the Seller. The Seller reserves the right, in particular, to offer the Customer only selected payment methods, for example, to hedge its credit risk, only advance payment.

If you choose to pay in advance (by direct debit), the seller, through its partner Klarna, will provide the customer with their bank details in the order confirmation. The invoice amount must be transferred to the specified account within 14 days of receiving the order confirmation.


5.3 When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debit to your credit card account will occur when the seller ships the goods.


5.4 When paying with PayPal, the customer is redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, the customer must be registered there or first register, authenticate with their login details, and confirm the payment order. After placing the order in the shop, the seller will request PayPal to initiate the payment transaction. The customer will receive further instructions during the ordering process. The payment transaction is processed automatically by PayPal immediately thereafter.



5.5 When paying by direct debit, the customer may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.

5.6. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.


5.7. The customer is only entitled to a right of set-off if his counterclaims have been legally established and acknowledged by the seller, or if they are closely related to the principal claim. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
 
 
6. Retention of title
 
The delivered goods remain the property of the seller until full payment has been made.








7. Warranty for material defects



The warranty is determined in accordance with statutory provisions.








8. Cancellation policy



In the event that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, he has a right of withdrawal in accordance with the following provisions.




• Right of withdrawal



The customer has the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which the customer or a third party other than the carrier designated by him takes possession of the goods.

To exercise his right of withdrawal, the customer shall inform the seller of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).

The customer may use the attached sample cancellation form for this purpose, although this is not mandatory.

 

Sample cancellation form

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s)___________ (only if notification is made on paper) Date:_____________

 

(*) Delete as appropriate.

 

The revocation must be addressed to:

Pferdegold Vertriebs GmbH

Weinbergstrasse 9

97342 Seinsheim

Phone: 093 325 999 099

Email: info@pferde-gold.de

To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation:

 

If the customer withdraws from the contract, the seller shall reimburse the customer for all payments made, including delivery costs (with the exception of additional costs resulting from the customer choosing a delivery method other than the cheapest standard delivery offered by the seller), promptly and at the latest within fourteen days from the date on which the seller received notification of the withdrawal from the contract. For this reimbursement, the seller shall use the same means of payment that the customer used for the original transaction, unless a different means of payment was expressly agreed; under no circumstances shall the customer be charged any fees for the reimbursement.

 

The seller may refuse to refund until he has received the goods back or the customer has provided proof of having returned the goods, whichever is earlier.

 

The customer must return or hand over the goods to the seller immediately and in any event no later than fourteen days from the date on which he notified the seller of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the fourteen-day period and provides proof of shipment.

 

In any case, the return costs are to be borne by the customer.

 

The customer must pay for any loss of value of the goods unless the goods are returned in perfect, unopened condition.

 

 

9. Voluntary return

 

In addition to the statutory right of withdrawal, the seller grants a 30-day right of return. This period begins upon receipt of the goods. This period is met if the customer returns the goods before the expiry of the 30-day period. The purchase price will be refunded by the seller within 14 days of receipt of the returned goods. The customer is responsible for the direct costs of the return shipment.

 

10. Liability

 

10.1. The following exclusions and limitations of liability apply to the Seller's liability for damages (without prejudice to other statutory requirements for claims):

 

10.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

 

10.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

 

11. Storage of the contract text

 

11.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.

11.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, as well as delivery and payment terms. If the customer has registered in the online shop www.pferdegold.de, they can view their placed orders in their profile area. Furthermore, the seller saves the contract text but does not make it available online.

12. Final provisions

 

12.1. Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. If the contractual partner is a merchant according to the German Commercial Code (HGB), the place of jurisdiction shall be the registered office of this company, Pferdegold Vertriebs GmbH.

12.2. The contract language is German.

 

12.3. Disclaimer: The products offered here may not be resold on the Amazon sales platform. This applies to both end consumers and businesses.

12.4. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/ We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.