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Terms & Conditions

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The English translation of our General Terms & Conditions is no binding version. It serves for information purposes only. The original German text is legally binding.


General Terms & Conditions
1. Scope of Application

We will carry out your order on the basis of the General Terms & Conditions in effect at the time of the order. A valid version of the General Terms & Conditions is available on our website under “Terms & Conditions”. Moreover, we will send you the GTC together with an order confirmation. In case of doubt, the GTC published on our website prevail. We explicitly reserve our right to alter and amend the conditions in case a juridical declaration of ineffectiveness of a provision leads to a loophole which makes it difficult to carry out the contract and which can only be overcome by an alteration or amendment of said provision. We shall not accept any conflicting terms and conditions as part of the contract.

These General Terms & Conditions are valid solely for all Internet dealings through our online shop and for all declarations of intent, contracts and legal transactions or dealings akin to legal transactions of Geodog GmbH with or toward their customers.

 

2. Customers

We, the supplier, shall conclude Internet dealings only with private individuals (natural persons) of unlimited legal capacity who are over 18, as well as with legal persons. As far as we inadvertently accept an offer of contract from a customer not belonging to the above clientele, we shall be entitled to cancel this contract as long as it has not been fulfilled completely and mutually, unless this contract has become void or ineffective for any other reason in the meantime.

 


3. Conclusion of Contract


3.1. Specifications in catalogues or on the website of Geodog GmbH do not constitute a binding contract proposal. By placing his order (link to order form) the customer submits a binding offer to enter into a contract. After clicking the order button all specifications are displayed again in a window and can be revised before confirmation.

Geodog GmbH is entitled to accept this offer within two weeks by an explicit statement in the form of a declaration of acceptance (order confirmation). The shipping of the ordered goods or of an invoice to the customer is deemed to be equivalent to an explicit declaration of acceptance. The contract of sale is concluded with Geodog GmbH, Rüdesheimer Straße 11, 80686 München, represented by the managing directors, Mr. Tim Hartmann and Mr. Julian Hölscher, Commercial Register at Munich Local Court, HRB 184473.

The customer waives the receipt of a declaration of acceptance. We accept the contract proposal by sending an order confirmation by e-mail, or, at the latest, by shipping the ordered goods or by rendering the service. When several articles or services are being ordered, several separate and independent proposals exist to enter into several sale or service contracts for each individual ordered article or service. If we notice that individual goods or services are not available as an exception or can not be delivered for legal restrictions, we only accept the offer of contract for the available or deliverable goods or services. As far as offers are not accepted, we shall inform the customer by e-mail to the stated e-mail address. Subsequent deliveries of non-available or non-deliverable goods or services will not be executed.

3.2. After conclusion of the contract the contractual text will be stored in compliance with data protection regulations. The General Terms & Conditions, the End User License Agreement and our Privacy Policy are available on our website at any time. You can always recall your personal order data on our website at (link) by using your login.

 

4. Right of Revocation

4.1. Information on the right of revocation

You have the right to withdraw from the contract without giving reasons within fourteen days in writing (e.g. letter, fax, e-mail), or, if you receive the goods before the expiration of this period, by returning said goods. The revocation period starts with the receipt of this information in written form, however not before the receipt of goods by the customer (for recurrent deliveries of similar goods not before receipt of the first partial shipment) and not before fulfilment of our duty to supply information according to Sec. 312c, subsec. 2 BGB (Bürgerliches Gesetzbuch = German Civil Code) in conjunction with Sec. 1, subsec. 1, 2 and 4 BGB-InfoV (German Civil Code Information Directive) as well as according to Sec. 312e, subsec. 1, phrase 1 BGB in conjunction with Sec. 3 BGB-InfoV. For a timely withdrawal the posting of the withdrawal or the goods is sufficient. The withdrawal shall be addressed to:

GEODOG GmbH

Rüdesheimer Straße 11
80686 München
Telefax: +49 (89) 41 15 19 25
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

4.2. Consequences of revocation

In case of an effective withdrawal both parties’ received goods and services have to be returned and benefits (e.g. interest rates) have to be delivered. If you can not return delivered goods or services fully or only partly or only in a deteriorated quality, the difference has to be reimbursed. This does not apply in case of delivered goods if the deterioration of the quality of the goods is only due to the examination of the goods – as possible in a retail shop. You can also avoid our claim of reimbursement if you do not make use of the delivered goods like an owner and refrain from usage that might deteriorate their value. Transportable delivered goods shall be returned at the risk and cost of Geodog GmbH. The customer shall bear the costs of the return if the delivered goods are like ordered and if the value of the goods to be returned falls below EUR 40.00, or, if in case of a higher value of the goods, the customer has not yet effected consideration or a contractual down payment at the time of the withdrawal. For all other cases the return of goods is free of charge for the customer. Not transportable goods will be picked up. Obligations of reimbursement shall be fulfilled within 30 days. For the customer the period of reimbursement starts with the posting of the withdrawal, for Geodog GmbH with its receipt.

4.3. Exemption from the right of revocation
In accordance with Sec. 312d, subsec. 4, phrase 1 BGB (German Civil Code) the right of revocation – as long as no other right has been agreed – shall be barred for distance selling contracts for the delivery of goods manufactured according to customer’s specifications or to personal needs, or which are, due to their quality, not suitable for return, or which are spoiled fast, or which are beyond the expiry date.

Therefore, your right of revocation expires if we have customized the goods before delivery according to your specifications, especially if we have cut-to-size the GEODOG® positioning collar according to your specifications.

End of information on the right of revocation.

4.a. Agreement on cost absorption for the return delivery

If you exercise your right of revocation according to clause 4 you have to bear the costs of the return if the delivered goods are like ordered and if the value of the goods to be returned falls below EUR 40.00, or, if in case of a higher value of the goods, you have not yet effected consideration or a contractual down payment at the time of the withdrawal. For all other cases the return of goods is free of charge for you.


5. Reservation of the Right to Cancel

We reserve our right to cancel the contract if the credit worthiness of a customer ceases to exist from an impartial point of view, because a major deterioration of the customer’s economic situation occurs, especially if a sustained garnishment or other compulsory enforcements are levied, or if insolvency proceedings are instituted against him, which all might endanger our claims of reimbursement.


6. Terms of Delivery
6.1. Shipping expenses of EUR 6.50 (incl. VAT) will be charged for deliveries within Germany. For deliveries outside of Germany we will charge the actual expenses.

6.2. Deliveries outside of Germany are only effected against prepayment. For cash on delivery C.O.D. charges plus a fee of EUR 2.00 will be added to the shipping expenses of EUR 6.50. C.O.D. shipping is only available for deliveries within Germany.

6.3. Import duties (customs) might be incurred for deliveries outside the European Community and to Switzerland; these shall be borne by the customer.

6.4. We will state the time of delivery in the “order confirmation e-mail”. If the ordered article is available ex-stock, delivery will be effected depending on the chosen form of payment within two to three workdays (after receipt of payment). We will contact you immediately in case of unexpected delays. Upon request, we inform you about the tracking number to track your goods with the parcel service.

6.5. The customer shall immediately inform the supplier about a change of the address in order to guarantee a smooth delivery.


7. Terms of Payment

7.1. All prices indicated in our online shop are inclusive of VAT. The prices indicated in the online shop are only valid for orders placed in the online shop at the time of the order. Shipping expenses and, in case of cash on delivery, C.O.D. charges of the respective dispatcher will be added.

7.2. You can choose from one of the following payment options for your purchase:

Advance payment (bank transfer or credit card)
Choose “advance payment” as the most favourable payment method for your order. Use the convenient and secure online service of your bank to transfer the invoicing amount to our account or pay with your credit card.

You will find our bank details on the order confirmation which you will receive by e-mail after you have placed your order. Please state your name and the order number as reference.

Cash on delivery
Choose the payment method “cash on delivery” if you prefer to pay the invoice amount in cash upon delivery. Please note that C.O.D. charges will be charged additionally. C.O.D. is not available for deliveries outside Germany.
7.3. The customer is not entitled to either set off counterclaims against payments due to us, or to withhold payment, unless the counterclaim has been acknowledged legally and undisputedly.

7.4. In case of a legitimate cancellation of a credit card payment by the customer we would appreciate if you would not declare the cancellation towards your credit card institute but directly in writing towards us (e.g. by letter, fax, e-mail). In this case we will immediately retransfer the cancelled amount to your account. However, you are not obliged to do so.


8. Warranty

8.1. The customer is obliged to inspect the goods upon receipt and to immediately notify Geodog GmbH of obvious defects. This notification shall be made in writing either by e-mail, fax or mail.

8.2. We shall not be liable for damages caused by simple negligence by ourselves or our vicarious agents, unless essential duties arising from the contract have been violated. The limitation of liability shall not apply to damages caused to life, body or health, or for damages caused by violation of essential contractual obligations or by absence of warranted characteristics. The liability according to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

8.3. The warranty period shall be 24 months for consumers (natural persons) and 12 months for entrepreneurs from the time of delivery.


9. Unwarranted notification of defects

Indemnifiable damages caused by the notification of defects by the customer shall be indemnified by the customer if no defect, for which we can be held responsible, can be ascertained, and if the customer has noticed or negligently not noticed that no defect exists, but that the cause for the rejected feature lies within his own responsibility.


10. Reservation of title

The delivered goods remain the property of Geodog GmbH until full payment has been effected.


11. Terms of a License

For a simultaneous purchase of one of our software products our End User License Agreement (link) shall apply supplementary.


12. Final provisions

12.1. The agreement shall be exclusively governed by German law.

12.2. Place of fulfilment is the registered office of the supplier.

12.3. If the customer is a businessman, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for any claims given rise by this contractual relationship shall be the competent court responsible for the registered office of the supplier.


as of: August 2010