Terms and Conditions of 22.04.2005
The company Pascal Gianpietro Georges ZOTTO runs the virtual shops "www.pet-needs.at", "www.pet-needs.de", "www.pet-needs.fr", "www.pet-needs.com", "www.pet-needs.it", "www.pet-needs.be", "www.pet-needs.nl", "www.pet-needs.es", "www.pet-needs.ch".
||Pascal Gianpietro Georges ZOTTO
||Reindorfgasse 28/2 A - 1150 Wien
||+43 (0)699 1133 6720
||+43 (0)1 2533 0338 238
|Trade supervisory board:
||City Council of the District Office of the XV district (Vienna)
|Member of the Chamber of Commerce of Austria:
The deliveries, services and offers of our company take place according to these terms and conditions; we do not recognize terms and conditions of our customers differing from our terms and conditions, except if we would give our explicit consent to them. Actions in order to fulfil contracts from our side are therefore not to take as consent to contract terms differing from our terms and conditions. These terms and conditions apply as outline agreement even for all future legal transactions between the parties of the contract.
A description on how to purchase at our shop will be found here: Shopping help.
III. CONCLUSION OF AN ORDER AND WITHDRAWAL
The bill of sale will take place if Pet-Needs ® confirms the order orally or in writing. For new customers this will always be in writing. Every order will be answered as soon as possible by refusing or confirming it. Orders placed outside the regular business hours will be answered on the next working day at the latest and the articles will then be dispatched if they are on store. Pet-Needs ® reserves the right to deliver to new customers only after getting a payment confirmation by the payment solution provider or our bank. There is also the possibility to pay cash on delivery, whereas there is an extra fee of about 5.- € (for Austria) to pay. If the articles are not on store the customer will get a notification and the order will be dispatches as soon as the articles are available.
Pet-Needs ® engages itself to accept the orders of a customer to the conditions of this website. Pet-Needs ® reserves the right to withdraw in the case of misprint and calculation errors.
All offers are valid while stock lasts. If one of the Pet-Needs ®'s suppliers should not supply Pet-Needs ® with the ordered articles, Pet-Needs ® reserves the right to also withdraw from the contract. In this case the customer will be notified immediately that the ordered products are not available any more. The price paid will be refunded immediately.
The articles are to be checked for shipping damages and for missing articles. Possible problems have to be reported to Pet-Needs ® immediately. After reception of the articles the customer has a 14-days-right to exchange the articles in the case of damages or a 14-days-right to return the articles unused, while the customer has to pay for the return costs. For German consumers only: for a value of goods of 40.- Euro an above we come up for the shipping costs, for a values below 40.- Euro the customer has to pay the shipping costs. Pet-Needs ® will pay the shipping costs if the goods are faulty or if the delivered articles do not correspond to the articles ordered. Should this not be the case Pet-Needs ® reserves the right to charge the account of the customer for the costs of the return shipment regardless of the value of the articles. The customer will be refunded the purchase price of the articles he returned. If the customer wishes the purchase price can also be credited for other articles.
All prices on our homepage are inclusive VAT. All prices apply at the time of the order placement. We charge/ credit in Euro. Shipment is not included in the prices.
Shipment is not included in our prices. Shipment costs will be met by Pet-Needs ® if the order exceeds an amount stated on our homepage. Articles from the category 'Extremely reduced' are not subject to free shipping! For these articles shipping costs have always to be paid, even if the minimum order value for free shipping is reached! For orders below this amount we will charge some fee, also stated on our homepage. Prices stated on the homepage on the day of order are taken as a basis. If not agreed otherwise the delivery will take place from our store to the delivery address provided by the customer. The customer is responsible for the goods as soon as he gets the goods from the parcel service. Statements of the delivery time are not binding as long as the delivery date has not been accepted definitely.
The delivery normally takes place within 5 working days starting from the date we accepted the order but in any case within the delivery deadline stipulated by law, which is 30 days after placing the delivery. Should we exceptionally not be able to meet the deadline we will inform the customer immediately of the delay but still within the deadline of 30 days and get his consent for a later delivery. Should the customer not accept a later delivery he has the right to withdraw from the contract.
Information about shipping costs can be found here: Shipping costs.
VI. PLACE OF FULFILMENT
Place of fulfilment for all transactions is the residence of Pet-Needs ®.
VII. DUE DATE AND PAYMENT, ARREARS
The purchase price is due immediately when placing an order. Depending on the country the customer can pay by credit card (Visa, Mastercard, American Express, Diners Club, JCB, Carte Bleue, Carte Bancaire), cash on delivery, bank transfer or direct debit mandate. We reserve the right to cancel unpaid orders 10 days after payment request/reminder should we not get a payment or hear anything from the customer. For payments by credit card we use the state-of-the-art for encrypted transfer - SSL-encryption - which protects your data from unauthorised access from third persons. If the customer is in arrears Pet-Needs ® reserves the right to charge interest on arrears of 4% p.a. above the usual base rate. Should there be proof of a high financial loss due to arrears, Pet-Needs ® reserves the right to assert this loss.
VIII. COMPENSATION, WITHHOLD
The customer only has the right of compensation if his claim has been proven legally or if Pet-Needs ® acknowledged it. Furthermore he is only entitled to a right of withhold if his claim is based on the same contractual relationship.
IX. RESERVATION OF PROPERTY RIGHTS
The delivered articles remain the property of Pet-Needs ® as long as all the existing claims against the customer have been paid completely.
X. GUARANTEE FOR FAULTY GOODS AND LIABILITY
Should the defect come from Pet-Needs ® then we can whether make a replacement delivery or repair the article. Should Pet-Needs ® not be willing to repair or replace the article, or should this action last longer than promised for whatever reasons, the customer has the right to withdraw from the contract or to claim a reduction of the purchase price.
Should there be no other reasons the customer has no further rights to a claim - on whatever legal basis. Therefore is Pet-Needs ® not liable for any damage which did not take place on the article itself; especially not for a financial loss or any other assets damages of the customer. As long as the liability of Pet-Needs ® is out of question or restricted this will also be the case for personal liability of employees, representatives and agents.
The liability restriction mentioned above does not apply if the cause of the damage is due to intention or gross negligence.
Should Pet-Needs ® neglect a contract duty, we are only liable for personal and material damages which occurred due to this neglect.
The warranty deadline is twenty-four months starting from the transmission of risk. This deadline is a statutory period of limitation and also applies for claims of consequential damages due to faulty articles as long as no claim of illegal action has been put forward.
XI. DATA PROTECTION AND COPYRIGHTS
The customer has been informed by Pet-Needs ® about the kind of data and the extent, place and purpose of the personal data collected by Pet-Needs ® in connection to placed orders. The customer explicitly agrees to the processing and use of personal data. Pet-Needs ® commits itself to not forwarding these data to third persons without the explicit consent of the customer.
Pet-Needs ® is a registered trademark. The content of this website is protected by copyright. All information, texts, pictures and graphic art can only be used for non-commercial purposes. Content, software or any other information on this website can not be changed, licensed, transferred, copied, sold or published, be it partly or all in all, for whatever purpose without our written consent.
For general information, complaints and information about data mail to: office(a)pet-needs.com
XII. PREVAILING LAW, ARBITRATION AND COURT OF LAW
Austrian law is prevailing to the exclusion of UN-purchase law. The language of contracts, order placement and commercial language is English. Court of law for all claims in connection with business relations is Vienna (Austria). Pet-Needs ® has the right to sue at the court of law of the customer.
We recognize the Internet Representative as extra-judicial board of arbitration: Internet Ombudsmann, Margaretenstr. 70/2/10, A- 1050 Wien. (www.ombudsmann.at).
If the customer is a consumer as defined by the KSCHG (Austrian law for the protection of the consumer), then the court of the district where the consumer has his legal residence or where he works has the jurisdiction.