Terms and Conditions Online Shop
General Terms and Conditions (GTC) for the purchase of items from the online shop
Note:
This document is a translation of the original Allgemeine Geschäftsbedingungen (AGB) written in German. In the event of any discrepancies or differences in interpretation, the German version shall prevail.
1. Purchase and Terms and Conditions
The following Terms and Conditions apply to all legal transactions concluded via the online shop. This online shop is operated by FAMCANE GmbH, which reserves the right to amend these Terms and Conditions at any time. The version valid at the time of the order shall apply.
All deliveries and services of the online shop of Hundeschule FAMCANE GmbH are provided exclusively in accordance with these Terms and Conditions. By ordering goods in the online shop, these Terms and Conditions are deemed accepted and form an integral part of the purchase contract. Deviations from these Terms and Conditions are only valid if agreed in writing between the contracting parties.
2. Offer and Conclusion of Contract
The offers of Hundeschule FAMCANE GmbH in the online shop and in advertisements are subject to change and non-binding. Orders are binding for Hundeschule FAMCANE GmbH only after written confirmation. Accordingly, all contracts, sales, oral or telephone agreements, and orders are valid only if confirmed by us in writing.
The information provided in the online shop is for guidance only and does not constitute a guarantee of specific product characteristics unless expressly confirmed in writing. Sales prices in the online shop are stated in Swiss francs (CHF) and include the applicable value-added tax.
3. Product Images
Product images in the online shop are non-binding. Changes without prior notice are reserved.
(Source: according to manufacturer)
4. Payment Terms
Hundeschule FAMCANE GmbH may set prices freely and change them at any time. The price published on the website at the time of ordering shall apply. If prices are published incorrectly, Hundeschule FAMCANE GmbH reserves the right to inform the customer before shipping in order to agree on a price correction or cancel the purchase.
Certain prices may be freely selected within a specified range. If a product is purchased at a price lower than the recommended price, it is considered a discounted offer and is excluded from the right of withdrawal or cancellation.
Prices are stated in CHF by default. Shipping and packaging costs are charged separately and shown accordingly. Any cash-on-delivery fees charged by the selected logistics provider are borne entirely by the customer.
The payment methods listed on the “Checkout” page are available. In the event of late payment, we are entitled to charge a reminder fee of CHF 10. During the period of default, Hundeschule FAMCANE GmbH is also entitled to withdraw from the contract at any time, reclaim delivered goods, and claim damages for non-performance. All claims become immediately due if the buyer is in default of payment, culpably fails to meet other essential contractual obligations, or if circumstances become known that are likely to reduce the buyer’s creditworthiness (in particular cessation of payments or the initiation of settlement or bankruptcy proceedings). In such cases, we are entitled to withhold or cancel outstanding deliveries.
5. Delivery Conditions
Delivery is generally made at the buyer’s expense by parcel post, unless expressly agreed otherwise.
We endeavor to meet the stated or agreed delivery times wherever possible. Unforeseen obstacles in production, such as strikes, lockouts, or boycotts—whether in our own operations or those of our suppliers or transport companies—as well as mobilization, force majeure, or delayed delivery of raw materials, release us from compliance with delivery deadlines without granting the buyer the right to cancel the order or claim damages due to delivery delays.
6. Default of Acceptance
If the buyer refuses acceptance of the delivery items after expiry of a grace period set by us or declares that they do not wish to accept the goods, Hundeschule FAMCANE GmbH may refuse performance of the contract and claim damages for non-performance. As compensation, Hundeschule FAMCANE GmbH may claim either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred.
7. Delivery and Defects
Our standard delivery time for items in stock is approximately 5 working days. Agreed delivery times are non-binding, and failure to meet them does not give rise to claims for damages.
Visible defects must be reported immediately upon receipt of the goods; hidden defects must be reported to Hundeschule FAMCANE GmbH within 5 days of receipt.
8. Complaints
Damage of any kind, missing items, etc. must be certified by the recipient upon acceptance from the postal service or parcel carrier and reported in writing within 5 days of receipt of the goods.
9. Retention of Title
Delivered goods remain our property until all claims arising from the business relationship—including those not yet due—have been fulfilled. If the buyer (reseller) resells goods subject to retention of title, our ownership is deemed reserved. Hundeschule FAMCANE GmbH may register the retention of title in the relevant register without the buyer’s cooperation.
This retention of title does not exclude the buyer’s right to resell the goods in the ordinary course of business. However, the buyer may neither pledge the goods nor transfer ownership as security. Any seizure by third parties must be reported to us immediately.
In the event of resale, the claim against the buyer’s customer replaces the delivered goods and is hereby assigned to us up to the amount of our total claims. The buyer is entitled to collect these claims until revoked. We will collect these claims only if the buyer is in default or if unfavorable information regarding their creditworthiness becomes known.
In such cases, we are entitled to reclaim the delivered goods from the buyer or their customers without further legal action and, at our discretion, withdraw from the purchase contracts or demand fulfillment and sell the reclaimed goods privately or through a pledge sale. If the delivered goods are seized or confiscated, the buyer must inform us immediately and is obliged to insure them adequately against fire and theft.
10. Returns
Returns of products by the customer require prior approval by Hundeschule FAMCANE GmbH and are made at the buyer’s expense and risk. Returned products must be in their original packaging and accompanied by a detailed description of the defect. Products procured at the customer’s request are excluded from return.
11. Limitation of Liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo, or tort are excluded against us and our agents unless there is intent or gross negligence. Any liability for consequential damages arising from the use of the products is excluded.
12. Data Protection
The data protection declaration forms an integral part of these Terms and Conditions. By accepting these Terms and Conditions, you also agree to the data protection declaration.
13. Place of Jurisdiction
CH-6340 Baar is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Swiss law shall apply.
14. Deviations
Agreements deviating from these sales and payment conditions must be made in writing in all cases.
15. Special Agreements
If any of the above provisions are invalid due to special agreements or for any other reason, the validity of the remaining provisions shall remain unaffected.
Baar, 1 June 2024