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General terms and conditions of business

Contractual terms and conditions within the framework of purchase contracts via the platform

between

Isle of Dogs Design GmbH, based in Cologne, registered in the commercial register of the local court of Wuppertal under HRA 23606, represented by Iria Jaeger, - hereinafter referred to as "Provider" -

and

the customer referred to in § 2 of the contract - hereinafter referred to as " Customer " -

be closed.

1 Scope, definitions

  1. The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the web shop provider who operates the online shop at www.isleofdogs.de (hereinafter "online shop") (hereinafter "provider") and the customer (hereinafter "customer"). Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
  2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

2 Conclusion of contract

  1. The customer can select products from the range of the provider's online shop and collect them in a so-called shopping cart by clicking on the "add to cart" button. By clicking on the "order with payment" button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "accept terms and conditions" button and has thereby included them in his request.
  2. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The customer can print this out for their own purposes using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
  3. The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English website of the provider. If the customer places the order via the German website, the German version of these General Terms and Conditions is the only authoritative version. If the order is placed via the English website, the English version of these General Terms and Conditions is the only authoritative version.

3 delivery, availability of goods

  1. Delivery times specified by the provider are calculated from the time of order confirmation, prior payment of the purchase price (including sales tax and shipping costs) is required (except for purchase on account). Hand-painted furniture is delivered within 6 - 8 weeks after conclusion of the contract. White, unpainted furniture can be delivered within 4 - 6 weeks. For accessories and textiles, the delivery time is usually between 3 - 5 working days. Advance dates for hand-painted furniture are possible by arrangement. If there are any delays, we will notify you immediately.
  2. Deadlines and dates for shipping the goods specified by the provider are always only non-binding and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.
  3. The day on which the goods are handed over by the provider to the shipping company or forwarding agent is decisive for compliance with the shipping date.
  4. If no copies of the product selected by the customer are available at the time of the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
  5. If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
  6. The provider is entitled to make partial deliveries of products included in an order that can be used separately, whereby the provider shall bear the additional shipping costs incurred thereby.
  7. The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Spain, Czech Republic, Hungary, Cyprus.

4 Retention of title

  1. The delivered goods remain the property of the provider until the purchase price has been paid in full (including sales tax and shipping costs).
  2. The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.

5 Prices and Shipping

  1. All prices stated on the provider’s website include the applicable statutory sales tax.
  2. Unless expressly agreed otherwise, the provider determines the appropriate shipping method and the transport company at its own reasonable discretion.
  3. We always provide you with transparent information about the shipping costs before you complete your order. Before you pay, you will receive precise information about the available delivery options and their prices. Shipping costs vary depending on the weight of your order and your place of residence and are borne by the customer.
  4. The accessories are shipped by post and the furniture is shipped by freight forwarder. The shipping risk is borne by the provider if the customer is a consumer.
  5. In the event of cancellation, the customer must bear the direct costs of returning the goods.

6 Payment Methods

  1. The customer can pay by direct bank transfer, credit card or invoice.
  2. The customer can change the payment method stored in his user account at any time.
  3. Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest for the year amounting to 5 percentage points above the base interest rate.
  4. The customer’s obligation to pay default interest does not exclude the provider from claiming further damages for default.

7 Warranty for material defects, guarantee

  1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is twelve months.
  2. We also offer a 5-year warranty on all our furniture and accessories.

8 Liability

  1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
  3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
  4. The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

9 Cancellation Policy

When concluding a distance selling contract, consumers generally have a statutory right of withdrawal, about which the provider informs them below in accordance with the statutory model.

right of withdrawal

  1. You have the right to withdraw from this contract within thirty days without giving any reason.
  2. The cancellation period shall be thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
  3. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

  1. If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
  2. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
  3. You must return or hand over the goods to us promptly and in any event no later than thirty days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the thirty-day period.
  4. You will bear the direct cost of returning the goods.
  5. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The provider informs about the model cancellation form in accordance with the legal regulation as follows:

sample cancellation form

If you wish to withdraw from the contract, please fill out this form and send it by post or email to:

Isle of Dogs Design GmbH
Robert-Bosch-Straße 43, 50769 Cologne
E-Mail: info@isleofdogs.de
Phone: +49 15753690458

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

Ordered on: (*) / Received on: (*)
Order number: (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is on paper)
Date:
(*) Delete as appropriate

10 Final Provisions

  1. Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
  3. Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.
  4. Dispute resolution: The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes. The place of jurisdiction is Cologne.