GTC/ ABGs

General Terms and Conditions (GTC)

  1. Scope The following General Terms and Conditions (GTC) apply to all contracts concluded between TheBookieRookie! (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://www.thebookierookie.com regarding the goods presented by the Seller in their version valid at the time of the order.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

For entrepreneurs, these general terms and conditions also apply without separate inclusion for all current and future contracts, deliveries, and other services provided by the Seller.

Any conditions of the entrepreneur that contradict or deviate from these general terms and conditions are hereby rejected and only considered agreed between the Seller and the entrepreneur if the Seller expressly agrees to their validity in writing.

  1. Conclusion of Contract

2.1 The essential characteristics of the goods offered by the Seller and the validity period of limited offers can be found in the individual product descriptions on https://www.thebookierookie.com.

2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.

2.3 By clicking the [Buy/order with obligation to pay] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by an order confirmation via email immediately after receiving your order.

2.4 The Seller may accept the customer's offer within five days by,

  • sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • requesting payment from the customer after placing their order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer starts running the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.5 When an offer is made via the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There is no further accessibility to the contract text by the Seller.

2.6 Before placing the binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is accurate so that emails sent by the Seller can be received at that address. In particular, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered, especially if SPAM filters are used.

2.8 Technical steps of the ordering process

The ordering process through the Seller's online shop involves the following technical steps. First, the customer selects the desired product by clicking the "Add to cart" button. Then, the products in the cart are displayed to the customer. The products in the cart can be deleted by clicking the "remove" button. By clicking the "+" and "-" buttons, the customer has the option to change the quantity of selected products. To complete the order, the customer must confirm the Seller's GTC and acknowledge the revocation instruction by checking the appropriate boxes. By clicking the "proceed to checkout" button, the customer moves to the next step of the ordering process, "Customer Information". After entering their name, address including billing address and possibly different delivery address, and email address in the appropriate fields, the customer proceeds to the next step of the ordering process, "Shipping," by clicking the "continue to shipping method" button. Here, only the free standard shipping is selectable. By clicking the "continue to payment method" button, the customer moves to the next step of the ordering process, "Payment." After the customer has decided on a payment method offered by the Seller, namely "credit card," "PayPal," "Sofort," "Invoice with Klarna," or "Installment purchase with Klarna," and selected it accordingly, they reach the order overview page "Review order" by clicking the "review order" button. On the order overview page, the customer has one last opportunity to review the necessary data forthe order, the chosen payment method, and the selected products before completing the order by clicking the "Buy Now" button.

  1. Language of the Contract The contract language is exclusively German.

  2. Storage of the Contract Text The contract text is stored by the Seller and provided to the customer by the Seller before the customer completes their order and is sent again by email after the contract is concluded. The GTC can be viewed and downloaded by the customer at any time on this page. Past orders can be viewed in the customer's account.

  3. Right of Withdrawal

5.1 If you are a consumer (i.e., a natural person who places the order for purposes that predominantly are outside your trade, business, or profession), you have a statutory right of withdrawal according to the legal requirements.

5.2 If you as a consumer exercise your right of withdrawal according to item 5.1, you have to bear the regular costs of the return. In the event of a withdrawal, a fee of 3% of the order amount, but at least €1.45, will be charged, which the customer must pay. This amount is used to prepare the product for resale and repackaging. The amount will be deducted from the refunded purchase price.

5.3 Returns and refunds of bundle offers: If you wish to return an item from a bundle offer, please note that special conditions apply. Bundle offers allow you to purchase several products at a discounted price. However, if you decide to return one or more items from the bundle, the discount applied to the entire bundle becomes invalid.

For the items you keep, the regular sales price will be charged. The refund for the returned items will be adjusted accordingly so that you ultimately pay the full price for the retained items. This ensures that the benefits of the bundle offer are only realized if the entire bundle is retained.

By ordering a bundle offer, you agree to these conditions.

5.4 To ensure a smooth processing of your return, we ask you to return all items in the original packaging and with all accompanying instructions. Acceptance of returns without original packaging or missing parts is not possible. This ensures that the returned products remain intact and complete and that further processing or resale is possible. Please note that if these conditions are not met, the return will be rejected, and no refund will be granted.

5.5 If the return does not meet our return criteria as set out in our policies, we reserve the right to return the goods to the customer at their expense. We ask all customers to ensure that all returns are made in the original packaging and with all accompanying instructions.

  1. Prices and Payment Options

6.1 The prices stated by the Seller include the applicable statutory value-added tax and are stated as final prices plus any additional shipping costs that may apply. The costs for packaging and shipping are separately listed on the "Shipping Costs" page.

6.2 The following payment options are available to the buyer in the Seller's online shop:

  • Credit Card: When the buyer selects the payment method credit card, the purchase price is reserved on your credit card at the time of the order ("authorization"). The actual charge to the credit card account of the buyer occurs at the time the Seller ships the goods to the buyer.
  1. Delivery and Shipping Conditions

7.1 Unless otherwise agreed, the goods will be delivered by shipping to the delivery address specified by the buyer during the order process.

7.2 The delivery of the goods takes place at the shipping costs and delivery times listed on the "Shipping Costs" page and in the product description.

7.3 Possible customs duties or local taxes must be borne by the buyer.

  1. Retention of Title The goods remain the property of the Seller until full payment has been made.

  2. Warranty and Disclaimer

9.1 Limitation of Warranty: The warranty expressly does not cover damage caused by improper use or handling of the product. Improper use includes, but is not limited to, pinching the leash by incorrect retraction, overload, non-intended use, or neglect of care and maintenance instructions.

9.2 Customer Responsibility: The customer undertakes to follow all instructions for use and maintenance of the product as provided in the operating instructions and on our website carefully. The operating instructions are part of this contract, and by using the product, the customer agrees to the conditions contained therein.

9.3 Consequences of Improper Use: If the product is damaged due to provable improper use by the customer, there is no claim for free repair, replacement, or refund under the warranty. In this case, the customer has the option to commission a repair or replacement at their own expense.

9.4 Disclaimer: We are not liable for damages that occur directly or indirectly through improper use of the product. This includes not only damages to the product itself but also all other direct or indirect consequential damages (e.g., damage to other objects, injuries to persons).

  1. Correctness of Customer Information

10.1 The customer is required to provide correct and complete information when placing an order. This includes providing a correct delivery address. The customer confirms by placing their order that all information provided, including the delivery address and contact details, is correct andcomplete.

10.2 If incorrect or incomplete information provided by the customer leads to non-delivery of the goods and the goods are returned to the seller, the customer bears the costs for the return and the costs of a new delivery.

  1. Consequences of Incorrect Delivery Data

11.1 If delivery cannot be carried out due to incorrectly provided delivery data by the customer and the goods are returned to the seller, the customer bears the costs for the return shipping as well as the costs for a new shipment.

11.2 If the delivery is delayed or the goods are lost because the delivery data provided by the customer are incorrect, the seller is not liable for any direct or indirect damages resulting from this. The customer has no claim to compensation or replacement delivery.

11.3 If the goods are not returned due to incorrect address details and are therefore lost, the customer is obliged to pay the full purchase price. A refund of the purchase price or a replacement delivery without additional costs is excluded in this case.

  1. Verification of Details

The customer is hereby requested to carefully check their details before completing the order. The seller provides appropriate tools to help the customer detect and correct input errors.

  1. Transport Damage

If the delivered goods have obvious transport damage, the customer is requested to complain about such damages immediately to the delivery agent and to inform the seller. Failure to make a complaint or to contact the seller has no consequences for the customer's legal warranty rights.

  1. Liability

The seller excludes liability for slightly negligent breaches of duty, provided these do not concern damages resulting from injury to life, body, or health or guarantees, or claims for fraudulent misconduct or pursuant to the Product Liability Act. Furthermore, liability for the breach of duties, the fulfillment of which enables the proper execution of the contract and on the compliance with which the customer may regularly rely, remains unaffected. The same applies to breaches of duty by the seller's legal representatives or vicarious agents.

  1. Information on Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which can be accessed at http://ec.europa.eu/consumers/odr/.

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Code of Conduct

The seller has not subjected itself to any specific code of conduct.

  1. Customer Service

The seller does not offer customer service beyond the processing of statutory warranty claims.

  1. Final Provisions

18.1 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contract. In place of the invalid provision, the relevant statutory provisions shall apply.

18.2 If the buyer is an entrepreneur, then German law applies excluding the United Nations Convention on Contracts for the International Sale of Goods.

If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.

  1. Money-Back Guarantee

Attempted returns that do not meet these criteria will not be approved for refund.

Under a money-back guarantee, the buyer bears the insured return shipping as well as the shipping costs already incurred by the seller.

  1. Influencer Program

By registering in our influencer program, the registered person commits to a cooperation consisting of a product placement on Instagram in the form of two Instagram stories with five sequences each and one Instagram feed post.

This cooperation must be carried out by the registered person within 21 days after receiving the products.

If the cooperation is not carried out as agreed or not at all, Ohhmydog! reserves the right to invoice the registered person for the products at full price.

  1. Final Provisions

21.1 If any provision of these General Terms and Conditions is ineffective, the contract remains valid otherwise. In place of the ineffective provision, the relevant statutory provisions shall apply.

21.2 If the buyer is an entrepreneur, then German law applies excluding the United Nations Convention on Contracts for the International Sale of Goods.

If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.