§ 1 General and scope of application
1. Nachstehende Allgemeine Geschäftsbedingungen („AGB“) gelten für alle Verträge, Lieferungen und sonstigen Leistungen („Rechtsgeschäfte“) von Freunde auf 4Pfoten, Stefan Rau, Bauseweinallee 61a, 81247 München (nachstehend „Fa4Pf“, „uns“ oder „wir“) betreffend Rechtsgeschäften mit Verbrauchern als auch betreffend Rechtsgeschäften mit Kaufleuten im Sinne des HGB und Unternehmern im Sinne des § 14 BGB oder juristischen Personen des privaten oder öffentlichen Rechts (gemeinsam „gewerbliche Kunden“) in jeglicher Form, jeweils insbesondere auch über das Online-Buchungsportal von Fa4Pf. Sowohl Verbraucher als auch gewerbliche Kunden werden nachstehend einheitlich „Kunden“ oder „Sie“ oder „Ihre“ genannt.
2. The GTC shall apply in particular to contracts for the provision of services and/or the sale of movable goods (together "Services"). Unless otherwise agreed, the GTC in the version valid at the time of the customer's order or in any case in the version last communicated to the customer in text form shall also apply as a framework agreement for similar future contracts, without Fa4Pf having to refer to them again in each individual case.
3. Deviating provisions of the customer shall not apply unless Fa4Pf has confirmed this in writing. This confirmation requirement shall apply in all cases, for example even if the Customer refers to its own GTCs in the order and Fa4Pf does not expressly object them. Individual agreements between Fa4Pf and the Customer shall always take precedence.
§ 2 Booking and scheduling of services, availability in the online booking portal
1. The booking of individual lessons, coaching and/or courses or other services is generally made via the Fa4PF online booking portal or by telephone or written agreement (text form is sufficient) with Fa4Pf.
2. Any appointments shall be made subject to availability and in consultation with the customer, unless the customer has made a binding booking via the online booking portal.
3. The availabilities stated in the online booking portal and on the homepage www.freunde-auf-4pfoten.de are subject to change and non-binding.
§ 3 Subject of contract and conclusion of contract
1. Fa4Pf offers its Services to customers in the form of group courses, individual lessons and coaching. In addition, Fa4PF offers customers new and used goods (e.g. dog supplies, dog food, dog training items, training materials, etc.) for sale.
2. In the case of purchases via the online booking portal and/or the online shop or on site, a contract is only concluded when Fa4Pf accepts the customer's order. Price labelling in the online booking portal or the online shop or notices do not constitute an offer in the legal sense. The customer's order constitutes an offer to Fa4Pf to conclude a contract. If the customer places an order on the online booking portal or in the online shop, they will receive an e-mail which generally only confirms receipt of their order and lists its details (order confirmation/order confirmation). In addition, the e-mail may also confirm that a contract has been concluded.
3. The customer also has the option of contacting Fa4Pf by telephone or e-mail to enquire about the provision of a Service. After receiving such an enquiry, Fa4Pf shall submit a corresponding non-binding offer to the customer by e-mail or telephone. The customer then has the opportunity to place a binding order. The customer shall then receive a message from merely confirming receipt of his order and listing its details (order confirmation/order confirmation).
4. The order confirmation/order confirmation from Fa4Pf in accordance with paragraph 3 and/or paragraph 4 does not generally constitute acceptance of the customer's offer - unless explicitly stated otherwise - but merely informs the customer that an order with a specific content has been received. A contract between Fa4Pf and the customer shall only be concluded when the ordered Service (i) has been bindingly confirmed by Fa4Pf by e-mail, or (ii) the customer has already paid for the ordered Service in full via the online booking portal and/or (iii) the ordered goods (as part of the service) are dispatched to the customer and dispatch to the customer is confirmed by e-mail (dispatch confirmation).
5. The text of the contract can no longer be viewed after the order has been placed. The customer is therefore requested to save the text of the contract.
§ 4 Counselling and coaching
Where Fa4Pf provides consulting or coaching services, it does so to the best of its knowledge. Details and information about the suitability and application of the Services shall not exempt the customer from carrying out its own tests.
§ 5 Participation requirements for individual lessons and courses
1. The customer assures that his dog is officially registered and that a valid liability insurance policy has been taken out for the dog. The liability insurance policy must be presented to Fa4Pf on request. The customer is also obliged to present a valid vaccination certificate for his dog on request.
2. The customer is obliged to inform Fa4Pf of any chronic or infectious diseases of their dog before participating in Fa4Pf's Services. Fa4Pf must also be informed of any existing behavioural problems. In addition, only healthy dogs are permitted to take part in Fa4Pf's individual lessons and/or courses; any deviating procedure must be agreed with Fa4Pf in advance. The customer warrants that his/her dog is healthy and free from parasites and vermin at the time of participation in the programme.
3. The number of participants is limited for all Services. The allocation is based on the receipt of the registration or the binding conclusion of the contract.
4. The success of the Services offered by Fa4Pf is largely dependent on the consistent co-operation of the customer and the abilities of the dog. Fa4Pf therefore does not guarantee success.
5. The Services to be provided by Fa4Pf shall - as far as possible - be based on the respective needs of the customer and the capabilities of the dog according to its breed, age, gender and physical condition.
6. If and insofar as a customer discovers that his female dog is and/or will be in heat during the term of a booked group course, he must inform Fa4Pf of this immediately. Female dogs in heat are excluded from lessons for the duration of the heat period, both in their own interest and in the interest of the other customer dogs. Lessons missed due to a dog being in heat can - at Fa4Pf's discretion - be made up in another group course or be refunded to the customer in full or in part.
7. Fa4Pf reserves the right to exclude customers or dogs from Services or training sessions for important reasons or, if necessary, to cancel the training at its own discretion. Reasons include the dog's level of training does not meet the necessary requirements of the course, the dog is overtaxed, there is a risk to the welfare of humans or dogs or if the participant uses training methods that are strongly aversive or contrary to animal welfare (leash jerking, neck shaking, kicking, hitting, nipping, vocal threats, physical harassment, etc.).
8. The use of choke collars, prong collars, comparable electrical or mechanical devices to influence the dog and/or strong-force methods is prohibited by the customer. In the event of non-compliance by the customer, Fa4Pf shall be entitled to ban the customer from participating and exclude him/her from Fa4Pf's Services.
9. If and to the extent that a customer is excluded from the training due to his/her behaviour and due to violations of Fa4Pf's instructions, the participation fee will not be refunded.
10. The customer agrees that his dog must be worn on a well-fitting harness during the training sessions. Participation with a collar is only permitted for special reasons and in consultation with Fa4Pf.
§ 6 Withdrawal, cancellation and revocation of services
1. Fa4Pf's Services are generally also carried out in bad weather. Due to unreasonable weather conditions or for good cause (e.g. illness of the trainer), the service may be cancelled by Fa4Pf - even at short notice. Fa4Pf shall endeavour to inform the customer of the cancellation at least one hour before the start of the booked Service. The relevant Services shall then be rescheduled; rescheduling dates shall be specified by Fa4Pf.
2. Fa4Pf's Services are provided both stationary and mobile - at Fa4Pf's discretion - at various locations. Fa4Pf reserves the right to make changes to the training location, training time and training programme at short notice.
3. Fa4Pf is also entitled to cancel events with a minimum number of participants at short notice if the number of participants is not reached. In this case, the registered customer will be informed and - at Fa4Pf's discretion - the event will be rescheduled or the participation fee will be refunded in full.
4. If the customer is unable to take part in a training session of a booked course or an individual lesson or coaching session for their own reasons, there is generally no entitlement to compensation for the missing service. The cancellation of bindingly booked services (e.g. individual lessons, group courses or coaching sessions) by the customer must also be made by telephone, in writing or electronically (by email) at least 24 hours before the start of the session. If this is not done or not done in time, the service will be charged in full and the customer is not entitled to a refund of the service already paid for.
5. If and insofar as a customer cancels a course, an individual lesson and/or a coaching session, the participation fee will not be refunded and there is no entitlement to compensation.
§ 7 Copyright of Fa4Pf in documents made available
1. Die Fa4Pf behält sich das Eigentum oder Urheberrecht an allen auf dieser hompage gemachten Angaben und Darstellungen und von ihr abgegebenen Angeboten und Kostenvoranschlägen sowie dem Kunden zur Verfügung gestellten Dokumentationen, Zeichnungen, Abbildungen, Berechnungen, Prospekten, Katalogen, Modellen und anderen Unterlagen – jeweils auch in elektronischer Form – und Hilfsmitteln vor. Sofern diese im Eigentum Dritter stehen oder auch Urheberrechte Dritter beinhalten, gilt vorstehendes zu Gunsten der Dritten entsprechend.
2. Weder ein Dritter noch der Kunde darf diese Gegenstände ohne ausdrückliche Zustimmung der Fa4Pf weder als solche noch inhaltlich Dritten zugänglich machen, sie bekannt geben, selbst oder durch Dritte nutzen oder vervielfältigen.
§ 8 Prices, shipping costs, VAT and payment
1. For orders placed via the online booking portal or the online shop, the prices stated there apply. All prices include statutory VAT, where applicable.
1. For orders placed via the online booking portal or the online shop, the prices stated there apply. All prices include statutory VAT, where applicable.
3. Fa4Pf shall provide the Service against the following payment methods: advance payment (by bank transfer), by credit card, by cash payment on site or by other payment service providers. If the customer chooses to pay in advance by bank transfer, payment must be made no later than 7 calendar days after the order or order confirmation.
4. In the case of contracts concluded via the online booking portal or the online shop, the following provisions shall apply with priority: Payment shall be made in accordance with the conditions contained in the order or order confirmation. The prices displayed in the online booking portal or online shop also refer to the respective service units, e.g. in the case of individual lessons to the number of individual lessons ordered.
5. If a customer defaults on its payment obligations, Fa4Pf may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
§ 9 Delivery and transfer of risk of goods from the online shop
1. Ordered goods are handed over to the customer on site or, in the case of orders from the online shop, delivered to the address specified by the customer.
2. Information provided by Fa4Pf on delivery dates or delivery periods shall not be binding unless Fa4Pf has given a binding promise of delivery by way of exception. This shall also apply to delivery times displayed in the online shop, stated on order or order confirmations or announced in delivery date information.
3. Four weeks after exceeding a non-binding delivery date or a non-binding delivery period, the customer may request Fa4Pf in writing to deliver within a reasonable period of time.
4. Fa4Pf reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is reasonable for the customer.
5. The risk of accidental loss and accidental deterioration of the services shall pass to the customer upon handover.
§ 10 Retention of title
The delivered goods (goods subject to retention of title) shall remain the property of Fa4Pf until all claims arising from the contract have been fulfilled.
§ 11 Offsetting, right of retention
1. The customer shall only be entitled to set-off if its counterclaims are recognised by Fa4Pf or have been legally established.
2. The customer may only exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 12 Liability for material defects and defects of title for goods from the online shop
1. If the delivered goods do not meet (a) subjective requirements, i.e. do not have the quality agreed between the customer and Fa4Pf or are not suitable for the use assumed under the contract or are not handed over with the agreed accessories or the instructions expressly promised by Fa4Pf, (b) objective requirements , i.e. is not suitable for normal use, or does not have a quality that is usual for items of the same type or that the customer can expect, taking into account the type of item and/or the public statements made by Fa4Pf or on its behalf, in particular in advertising or on the label, or does not correspond to the quality of a sample or specimen that Fa4Pf made available to the customer before the contract was concluded, or is not handed over with the accessories, including the packaging, that the customer can expect to receive, Fa4Pf shall be obliged to provide subsequent fulfilment.
2. Fa4Pf shall not be obliged to provide subsequent fulfilment if Fa4Pf is entitled to refuse subsequent fulfilment on the basis of statutory regulations.
3. Subsequent fulfilment shall be effected at the customer's discretion either by remedying the defect (subsequent improvement) or by supplying new goods and services (subsequent delivery). The customer must make the defective goods available to Fa4Pf for the purpose of subsequent fulfilment. Furthermore, the customer must grant Fa4Pf a reasonable period of time for subsequent fulfilment. The customer shall not be entitled to reduce the purchase price or withdraw from the contract during the period of subsequent fulfilment. If Fa4Pf has unsuccessfully attempted to rectify the defect twice, this shall be deemed to have failed. If the subsequent fulfilment has failed, the customer shall be entitled, at its discretion, to reduce the purchase price appropriately or to withdraw from the contract.
4 The customer may only assert claims for damages due to a defect if the subsequent fulfilment has failed. Damage caused by improper actions on the part of the customer shall not constitute grounds for a warranty claim against Fa4Pf. The customer can find information on proper handling in the manufacturer's descriptions.
§ 13 General limitation and exclusion of liability
1. Participation in Fa4Pf Services (in particular individual lessons and group courses) is at the customer's own risk.
2. Fa4Pf accepts no liability for damage or injury caused by the behaviour of dogs and/or dog owners.
3. In addition, Fa4Pf shall be liable without limitation if the cause of the damage is based on intent or gross negligence on the part of Fa4Pf. If damage is based on the simple negligent breach of a material contractual obligation by Fa4Pf, i.e. the simple negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely, Fa4Pf's liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The same shall apply if the customer is entitled to claim damages in lieu of performance. Fa4Pf shall not be liable for the slightly negligent breach of obligations other than those listed above. The statutory rules on the burden of proof shall apply.
4. The limitations of liability in the preceding paragraph shall not apply in the event of Fa4Pf's culpable injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
5. Insofar as liability is limited or excluded above, this shall also apply to the personal liability of Fa4Pf's employees, workers, staff, representatives and vicarious agents.
§ 14 Image and video recordings
During the provision of services by Fa4Pf and/or other events, image and video recordings may be made. In the event that image and/or sound recordings are made by authorised persons during the provision of services by Fa4Pf and/or other events, the customer agrees with his/her participation that he/she may be recorded in image and/or word and that the recordings may be published and used without entitlement to remuneration. By participating, the customer also agrees that these recordings may be used for advertising purposes.
§ 15 Data protection
1. The customer is aware and agrees that the personal data required to process the order will be stored by Fa4Pf on data carriers. The customer expressly consents to the collection, processing and utilisation of his personal data. The stored personal data will of course be treated confidentially by Fa4Pf. The collection, processing and use of the customer's personal data shall be carried out in compliance with the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR) and the German Telemedia Act (TMG).
2. The customer has the right to revoke his/her consent at any time with effect for the future. In this case, Fa4Pf is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, the deletion shall then take place after the order process has been completed.
§ 16 Applicable law, contract language and place of jurisdiction
1. The business relationship between Fa4Pf and the customer shall be governed by the laws of the Federal Republic of Germany. The application of UN sales law is excluded.
2. The contract language is German.
3. The place of jurisdiction is Munich if the customer is a commercial customer. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
§ 17 Severability clause
Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by a provision that comes closest to the economic purpose of the invalid or unenforceable provisions.
Information on the right of cancellation for distance selling contracts
1. right of cancellation: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. To exercise the right to cancel, you must inform us (Freunde auf 4Pfoten, Stefan Rau, Bauseweinallee 61a, 81247 München, phone +49 (0) 151 23502967, fax +49 (0) 89 23051140) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model cancellation form linked in our General Terms and Conditions (GTC) at www.freunde-auf-4pfoten.de, but this is not mandatory. 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.
2 Consequences of cancellation: If you cancel 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 cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
3. exclusion of the right of cancellation: The right of cancellation does not apply to contracts a) for the delivery of services which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, b) for the delivery of services which can spoil quickly or whose expiry date would be quickly exceeded, c) for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery, d) for the supply of goods which, due to their nature, have been inseparably mixed with other goods after delivery, e) for the supply of sound or recordings, f) for the supply of goods which, due to their nature, are not suitable for return if their seal has been removed after delivery, g) for the supply of goods which, due to their nature, have been inseparably mixed with other goods after delivery.
- End of the cancellation policy -
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