Terms of service

1. Validity of the conditions

1.1

The following general terms and conditions for online orders apply to this contract between the contractor 'Fatissimo' - represented by Sarah Molzen - Stammannstrasse 32, 22303 Hamburg, and the client.

1.2

At the time of the order, the currently valid version of these terms and conditions applies. Deviating

Regulations only apply if they have been confirmed in writing by Fatissimo (cf. § 9

Final provisions).

1. Subject of the contract

The goods to be bought in the online shop are handmade dog leashes and collars. The products are made individually according to the client's wishes.

1. Conclusion of contract / data protection

3.1

A binding purchase offer is submitted with the online order. The contract is concluded with the acceptance of the purchase offer. The acceptance by Fatissimo takes place by sending the order confirmation / invoice by email.

A return of the individually manufactured goods is not possible in accordance with § 312g Paragraph 2 No. 1 BGB, as it is an order production.

3.2

A contract is only effectively concluded if the client has reached the age of 18 and is therefore fully legally competent. An exception to this principle only applies with the prior written consent of the legal representative. The consent must already be given to Fatissimo at the time of the purchase offer by the client.

3.3

With the submission of the data by the client, Fatissimo is entitled to carry out the

To store, process and pass on to third parties the data required for business transactions in compliance with the General Data Protection Regulation (GDPR), insofar as this is necessary for the processing of the business.

1. Prices and shipping costs

4.1

The prices stated in the online shop are final prices. In addition to the final prices fall

Shipping costs, these will be communicated to the client before the order is placed.

A payment of the VAT is due to the present form of business

(Small business owner in terms of §19 UStG) dispensable.

4.2

Fatissimo delivers the goods to delivery addresses within Germany. Deliveries outside

Germany can be arranged by prior arrangement.

4.3

Should the client have to return his goods, Fatissimo points out that in the interests of both parties, the goods can only be taken back as insured shipments.

4.4

Custom-made products for the client are generally excluded from the right to exchange or return.

1. Retention of title

The goods remain the property of Fatissimo until the finished goods have been paid for in full.

1. Due date and terms of payment

6.1

The purchase price is due upon conclusion of the contract.

6.2

The following payment options are available to the customer: Prepayment by bank transfer or PayPal.

6.3

If the customer does not pay the purchase price within 14 days of the conclusion of the contract, Fatissimo will send a reminder by email with a one-off payment reminder and setting a deadline. If the customer does not meet the deadline, Fatissimo is entitled to cancel the order and withdraw from the contract. The regulation of § 286 BGB remains in effect.

6.4

If the contractor is in default of payment, Fatissimo is entitled to demand interest on arrears, in this respect reference is made to the statutory provisions.

1. delivery

7.1

The goods are manufactured and shipped within 10-12 days. If there are delays, the customer will be informed in good time. Shipping is insured via DHL and takes an average of two working days.

7.2

If a certain article is no longer available after the contract has been concluded for various reasons for which Fatissimo is not responsible, such as force majeure or due to late delivery by sub-suppliers, Fatissimo is obliged to inform the customer about the non-availability. The delivery of the article is extended by the duration of the impediment to performance. If no end of the impediment to performance is foreseeable, Fatissimo is entitled to withdraw from the contract in whole or in part and to reimburse any consideration already received.

7.3

Delivery times and dates are only binding if they have been expressly agreed as such in writing. They begin to run after receipt of the order confirmation / invoice with receipt of payment at Fatissimo.

1. Warranty Rights

8.1

Every single product is handcrafted with the utmost care and accuracy.

If a defect occurs in the product within 6 months, the client can inform Fatissimo about this. A further procedure is discussed regarding this. No guarantee is given for damage caused by the client's own negligence. The customer has to bear the shipping costs for sending and returning the goods.

8.2

The delivered goods may differ slightly from the product image, in particular with regard to the color and size of the article.

8.3

The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. The provision in Section 10 of these General Terms and Conditions applies to claims for damages by the client against Fatissimo.

8.4

Should defects occur in the product within the statutory warranty period,

Fatissimo will fulfill this within a reasonable period of time. Fatissimo will either provide a replacement delivery or remedy the defect. If the supplementary performance chosen by the client is only possible at disproportionate expense, Fatissimo is entitled to provide another form of supplementary performance. If a reasonable deadline for supplementary performance has elapsed without result, the client has the right to withdraw from the purchase contract or to reduce the purchase price, as he chooses. Reference is expressly made to the statutory provisions of §§ 433 ff. BGB.

8.5

If the client decides to withdraw from the purchase contract, the services provided by both parties are to be returned and any benefits drawn are to be surrendered. If the client cannot return the service received to Fatissimo in whole or in part or only in a deteriorated condition, the client must provide reasonable compensation. This does not include the deterioration caused by the intended use.

1. Statute of limitations

The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the client due to injury to life, limb or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The above shortening of the limitation period does not apply to claims for damages based on an intentional or grossly negligent breach of duty by Fatissimo, its legal representatives or vicarious agents. The right of recourse according to Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods with regard to entrepreneurs.

1. liability

10.1

Fatissimo is only liable to the client in cases of intent or gross negligence on the part of Fatissimo in accordance with the statutory provisions.

10.2

In addition, Fatissimo is only liable for injury to life, limb, health or for culpable breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The compensation for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. These regulations do not apply in the event of willful intent or gross negligence.

10.3

The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

1. Further instructions

11.1

Ancillary agreements to this contract have not been made. Subsidiary agreements, changes and additions to this contract must be made in writing. A waiver of the written form requirement also requires a written form.

11.2

Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.

11.3

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg.

11.4

This contract and its interpretation are exclusively subject to German law.