Terms of service
I. SCOPE OF APPLICATION (GENERAL)
These terms and conditions of BUMAS Hundezubehör GmbH, Gewerbegebiet 16/4, 7011 Siegendorf, Austria, email:& office@BUMAS.at hereinafter referred to as “Seller,” apply to all sales, deliveries, and services of the Seller that the Customer purchases from the Seller via the online shop “bumas-muzzle.com.”
The inclusion of a customer's own terms and conditions who is not a consumer is hereby rejected. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity. The offer is not directed at “wap” users.
II. CONCLUSION OF THE CONTRACT AND INPUT ERRORS
1. CONCLUSION OF THE CONTRACT ONLINE SHOP WWW.BUMAS.AT
1.1. TECHNICAL DESCRIPTION OF THE ORDER PROCESS
1.1.1. Select goods and check them in the shopping cart,
1.1.2. Click on the “Checkout” button.
1.1.3. Select your payment method and click “Continue.”
1.1.4. Existing customers enter their “login details”; new customers click on “Register.”
1.1.4.1. New customers enter their name and address, solve the captcha,
1.1.4.2. click on “Register” and
1.1.4.3. are automatically logged in.
1.1.5. Then select the delivery address and
1.1.6. click on “Summary.”
1.1.7. The order overview (“Summary”) appears.
1.1.8. Read and accept the terms and conditions and cancellation policy.
1.1.9. Please check your order and then click on the “Buy now” button.
1.2. INPUT ERRORS IN THE ONLINE SHOP
The customer can correct their entries before submitting their order using the technical means provided by the shop and their browser. Corrections can be made directly on the previous offer or order page in the corresponding input fields using the usual keyboard and mouse functions (back button on your browser). The order can still be changed from the shopping cart before placing an order. You can also correct input errors by canceling the purchase process and, if necessary, starting the order process from the beginning.
1.3. CONTRACT LANGUAGE
The contract can only be concluded in German.
1.4. RIGHT OF RETURN
1.4.1. All items, except for custom-made and special items, can be returned without restriction within 14 days of receipt of the goods. The customer must comply with this deadline by sending a timely return request to our address (see above or office@bumas.at).
1.4.2. The costs of the return shipment shall be borne by the customer. If the goods are returned carriage forward, we are entitled to retain or charge a corresponding amount. The goods should be returned in unused and resalable condition. For items that are impaired by signs of use or incorrect storage, we will charge a reasonable fee for the reduction in value. If the purchase price has already been paid, it will be refunded within 14 days to an account specified by the customer.
1.5. WARRANTY AND GUARANTEE
1.5.1. If items have material or manufacturing defects, we kindly ask customers to report visible defects—including transport damage—in writing as soon as possible, preferably with photos, to our postal address or email address.
1.5.2. We are not liable for any direct or indirect damage caused by the use of our goods.
III. PRICES, TERMS OF PAYMENT
1. The prices quoted by the seller are final prices, i.e. they include all price components, including Austrian statutory value added tax. Shipping costs are shown separately.
2. Prices in currencies other than the euro are calculated daily, where possible, according to the exchange rate of the Austrian National Bank and are therefore subject to fluctuations over which BUMAS Hundezubehör GmbH has no influence.
3. Depending on the destination country, our invoices are payable by direct debit, prepayment, PayPal, VISA, MasterCard, or American Express.
3.1. Any fees incurred by the bank must be borne by the customer. If BUMAS Hundezubehör GmbH is charged bank fees, these will be invoiced to the customer.
4. If advance payment has been agreed, payment must be made within 7 (seven) days of conclusion of the contract. The date of receipt of payment by us shall be decisive. Otherwise, the purchase price shall be due after the goods have been invoiced. The purchase price is payable immediately upon receipt of the first payment request without deduction.
5. Payments with discharging effect can be made directly to the bank account specified by the seller.
6. For cash on delivery shipments, we reserve the right to charge EUR 8.00.
7. The customer is only entitled to offset if the counterclaim is undisputed, legally established, or recognized by the seller.
8. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
IV. DELIVERY AND SHIPPING TERMS AND CONDITIONS AND TRANSFER OF RISK
1. Goods are generally delivered by mail.
2. Shipping costs depend on the country and delivery address and can be requested at office@bumas.at .
3. If delivery to the customer is not possible because the customer cannot be found at the delivery address provided, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery.
4. In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or an authorized recipient upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of mail order purchases is transferred to a suitable transport person upon delivery of the goods at the seller's place of business.
V. RETENTION OF TITLE
The goods delivered by the seller remain the property of the seller until full payment has been made.
VI. LIABILITY FOR DEFECTS
If the purchased item is defective, the statutory provisions shall apply. Notwithstanding this, the following shall apply:
1. If the customer is an entrepreneur, an insignificant defect shall not give rise to any claims for defects. In addition, the seller shall have the right to choose between repair or replacement.
2. For consumers, the limitation period for claims for defects is two years from delivery of the goods to the customer.
3. For entrepreneurs, the limitation period for defects is one year from the transfer of risk. Claims against the manufacturer under the Product Liability Act remain unaffected.
4. If the customer is a reseller, they are subject to the commercial obligation to inspect and give notice of defects. If the customer fails to comply with the regulated notification obligations, the goods shall be deemed to have been approved.
5. If subsequent performance has been effected by way of replacement delivery, the customer is obliged to return the goods first delivered to the seller at the seller's expense within 30 days. The return of the defective goods must be carried out in accordance with the statutory provisions.
6. The assignment of the customer's claims for defects is excluded.
VII. CODE OF CONDUCT
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Austria or if their place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
VIII. RIGHT OF WITHDRAWAL FOR CONSUMERS
1. If you are an entrepreneur and are acting primarily in the exercise of your commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply. The following applies to consumers:
2. WITHDRAWAL POLICY
2.1. RIGHT OF WITHDRAWAL
2.1.1. You have the right to withdraw from this contract within fourteen days without giving any reason.
2.1.2. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
2.1.3. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the following sample withdrawal form for this purpose, but this is not mandatory.
…………………………… First name Last name ……………………City, date
…………………………… Street House number
…………………………… Postal code City
Registered mail
Company
BUMAS Hundezubehör GmbH
Gewerbegebiet 16/4
7011 Siegendorf
Subject: Order dated ……………………………. (order number …………………………….) Cancellation pursuant to §5e Consumer Protection Act
Dear Sir or Madam,
On …………………….., I placed an order with you via the Internet …………………….. at a price of ……………………. (order number ……………………..). The goods have/have not yet been delivered. I hereby withdraw from this contract in accordance with §5e of the Consumer Protection Act and on any other valid legal grounds within the specified period. Yours sincerely
……………………………. First name Last name (=handwritten signature)
To comply with the withdrawal period, it is sufficient to send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
2.2. CONSEQUENCES OF WITHDRAWAL
2.2.1. If you withdraw from a contract, we shall reimburse you for all payments we have received from you in connection with the contract, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back.
2.2.2. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
2.3. THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO THE FOLLOWING CONTRACTS:
2.3.1. Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. custom-made products).
IX. COPYRIGHT
All content (images, text material, etc.) is subject to copyright by BUMAS Hundezubehör GmbH or the respective owners. The use and publication of this material is only permitted with written permission and source reference. Violations will be prosecuted under civil and criminal law.
X. DATA PROTECTION
1. Details can be found in our privacy policy.
XI. CONTRACT STORAGE
1. ONLINE SHOP
1.1. You can print out the terms and conditions using the print function in the terms and conditions view (see below).
1.2. You can print out the order data using the print function of your email client and thus save it. The contract text will be stored by us after conclusion of the contract. The shop offers a retrieval function for the contract text under “My Account.”
XII. WARRANTY STATEMENT
BUMAS Hundezubehör GmbH grants the buyer a 2-year warranty on the products it sells, which is governed by the following provisions:
1. RELATIONSHIP TO OTHER WARRANTY RIGHTS AND NATIONAL LAW
1.1. This warranty does not affect the buyer's rights against BUMAS Hundezubehör GmbH under the purchase contract, in particular the warranty rights. The statutory warranty rights, such as the right to subsequent performance, the right of withdrawal or reduction, and the right to compensation, take precedence and are not restricted by these warranty provisions.
1.2. The above warranty conditions of BUMAS Hundezubehör GmbH apply insofar as they do not conflict with the respective national law with regard to warranty provisions and guarantee provisions. If they do conflict, the respective national warranty or guarantee provision shall take precedence.
2. WARRANTY SERVICES
2.1. BUMAS Hundezubehör GmbH guarantees throughout the EU that the products it sells, which are new products, are free from defects in materials and workmanship. The benchmark for this is the usual state of the art for comparable products.
2.2. BUMAS Hundezubehör GmbH grants a warranty of two years from the date of purchase of the product by the buyer, in accordance with the conditions described here. The duration of the statutory warranty is not limited by this provision.
2.3. Warranty services will only be provided if a copy of the original invoice or receipt from BUMAS Hundezubehör GmbH is sent together with the product.
2.4. No warranty services other than those mentioned above will be provided. This does not affect the statutory warranty.
2.5. Parts installed or repaired as part of the repair work are covered by the warranty until the expiry of the original product warranty. This also applies to products that were delivered at a later date.
3. WARRANTY TERMS AND CONDITIONS AND WARRANTY PROCESSING
3.1. In the event of a warranty claim, the buyer must contact BUMAS Hundezubehör GmbH. The company will provide the buyer with a free return label for the product and a warranty claim form, which must be sent to BUMAS Hundezubehör GmbH together with the product. BUMAS Hundezubehör GmbH will check whether the warranty claim is valid and prepare a test report, which will be sent to the buyer.
3.2. In the case of justified warranty claims, the product subject to complaint will be replaced or repaired and returned to the buyer free of shipping costs. Any shipping costs incurred by the buyer in advance will be reimbursed by BUMAS Hundezubehör GmbH. 3.3.
If the repair of the product complained about fails when a warranty claim is made, in particular if the defect cannot be remedied or if further attempts at repair are unreasonable for the buyer, the buyer may demand that BUMAS Hundezubehör GmbH deliver a defect-free product.
3.4. In the event of a negative test report, BUMAS Hundezubehör GmbH will inform the buyer that the warranty claim is invalid. If no written repair order is placed within two weeks of this notification, with the buyer agreeing to bear the costs, BUMAS GmbH will return the product to the buyer. The costs for shipping and packaging will be invoiced separately and charged cash on delivery.
3.5. Products for which the warranty has been rejected by BUMAS Hundezubehör GmbH due to a negative test report will only be repaired if the buyer agrees to bear the costs. If a repair order is placed with the buyer agreeing to bear the costs, the costs for shipping and packaging will also be invoiced separately to the buyer.
3.6. If the product has to be modified or adapted to comply with the applicable national or local technical or safety requirements of a country other than the country for which the product was originally designed and manufactured, this shall not be considered a material or manufacturing defect. Furthermore, the warranty does not cover the performance of such modifications or adaptations, regardless of whether they have been carried out properly or not. BUMAS Hundezubehör GmbH shall not bear any costs for such modifications within the scope of this warranty.
4. EXCLUSION OF WARRANTY The warranty is excluded:
4.1. in the event of improper use or misuse of the product for a purpose other than its normal purpose or in violation of the operating and maintenance instructions of BUMAS Hundezubehör GmbH or the manufacturer,
4.1.1. Due to the soft and supple BioThane® material, rough mechanical stress such as digging and fetching, as well as tearing down or forcibly stripping off a BUMAS, as well as gnawing and biting the straps and rivets, are considered improper use of a BUMAS. Damage caused by this behavior is therefore not covered by the warranty.
4.2. If the product is used in a manner that does not comply with the applicable technical or safety requirements in the country in which the product is used.
4.3. In the event of damage caused by force majeure or other causes for which BUMAS Hundezubehör GmbH is not responsible.
4.4. if additional parts have been installed on the product whose use has not been approved by BUMAS Hundezubehör GmbH or the manufacturer, or if the product has been modified in a manner not approved by BUMAS Hundezubehör GmbH or the manufacturer,
4.5. in the event of improper maintenance or improper care, 4.6. in the event of natural wear and tear of the product, including, for example, a dog biting through a muzzle.
5. TRANSFER OF WARRANTY
5.1. The warranty is provided exclusively to the original purchaser of the product and is not transferable.
5.2. No third party other than BUMAS Hundezubehör GmbH is authorized to make warranty promises on behalf of BUMAS Hundezubehör GmbH.
6. CLAIMS FOR DAMAGES 6.1.
The buyer is not entitled to any claims for damages due to poor performance of the warranty, in particular not for consequential damages.
6.2. In all cases, BUMAS Hundezubehör GmbH shall be limited to the value of the product.
6.3. The statutory provisions on damages remain unaffected by this.
7. FINAL PROVISIONS
7.1. Amendments and additions to the warranty provisions must be made in writing.
7.2. Should any provision of the warranty provisions be invalid, this shall not affect the remaining warranty provisions.
7.3. The contact address of BUMAS Hundezubehör GmbH can be found at the beginning of these General Terms and Conditions.
XIII. SEVERABILITY CLAUSE
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
XIV. APPLICABLE LAW, PLACE OF JURISDICTION
Austrian law shall apply exclusively to the entire business relationship, and the place of jurisdiction shall be 7000 Eisenstadt.
XV. IMPRINT
BUMAS Hundezubehör GmbH
Gewerbegebiet 16/4
7011 Siegendorf
Burgenland
Austria
Email: office@bumas.at