Terms and Conditions (AGB)

The following Terms and Conditions (AGB) govern the sale of products by
K9Sports, Antoniusstraat 47a, 5725 AR, The Netherlands, Phone: +31 613653462, Email: info@k9sports.eu, hereinafter referred to as “the Provider,” via the online shop at www.k9sports.eu.

1 Scope of Application

1. These Terms and Conditions apply to all contracts concluded between the Provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at www.k9sports.eu.
2. Deviating terms and conditions of the customer do not apply unless the Provider has expressly agreed to their validity in writing.
3. The range of offered products includes: training, balance, and fitness equipment for dogs.

2 Conclusion of Contract

1. The contract is concluded with K9Sports, Antoniusstraat 47a, 5725 AR Asten, The Netherlands.
2. The contract and negotiation language is German.
3. The offers in the online shop are directed exclusively at customers with a delivery address in Germany.
4. The customer must be at least 18 years old.
5. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
   The customer submits a binding offer by completing the order process and clicking the “order with obligation to pay” button at the end.
   Receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer.
   The purchase contract is concluded only through an explicit acceptance confirmation by email or by dispatch of the goods.
6. Orders that exceed normal household quantities require the Provider's express approval. This applies to the number of ordered products within one order as well as multiple orders of the same product.
7. The order data is stored after conclusion of the contract and can be viewed in the customer login area.
8. The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by email or in the customer account.

3 Right of Withdrawal

(1) Withdrawal Policy for Private Customers

The customer has the right to withdraw from the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer (who is not the carrier) has taken possession of the last item.

To exercise the right of withdrawal, the customer must inform the Provider, K9Sports, Antoniusstraat 47a, 5725 AR, The Netherlands, of the decision to withdraw from the contract by means of a clear statement (e.g., letter sent by post or email).
The customer may use the attached model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that the customer sends the notification before the withdrawal period has expired.

(2) Consequences of Withdrawal

If the customer withdraws from the contract, the Provider shall refund all payments received from the customer, including delivery costs (except additional costs resulting from choosing a delivery method other than the least expensive standard delivery offered by the Provider), without delay and no later than fourteen days from the day the Provider receives the withdrawal notice.

The refund will be made using the same payment method the customer used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for the refund.
The Provider may withhold the refund until the goods have been returned or until proof is provided that the goods have been returned—whichever is earlier.

The customer must return the goods without delay, but no later than fourteen days from the day they informed the Provider of the withdrawal. The deadline is met if the goods are sent before the fourteen-day period expires.

The customer bears the cost of returning the goods.

The customer is liable for any loss in value of the goods only if this loss results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

If the customer wishes to withdraw from the contract, the following form may be used:

K9Sports,
Antoniusstraat 47a,
5725 AR, The Netherlands

I/we hereby withdraw from the contract concluded by me/us regarding:
– Purchase of the following goods/services:
– Ordered on / received on:
– Name of consumer(s):
– Address of consumer(s):
– Date:
– Signature of consumer(s) (only if submitted on paper):

(3) Withdrawal Right for Business Customers

Business customers (as defined in § 14 BGB) have no statutory right of withdrawal.
Contracts with business customers are binding and can only be cancelled according to statutory provisions or contractual agreements.

4 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and are manufactured based on an individual choice or specification of the consumer or clearly tailored to the consumer’s personal needs.
It also does not apply to goods that can spoil quickly or whose expiration date would be quickly exceeded.
Sealed goods not suitable for return for health or hygiene reasons are excluded once the seal is removed.
Goods that are inseparably mixed with other items after delivery are also excluded.
Additionally, sealed media such as CDs, DVDs, or software cannot be returned after the seal has been removed.

5 Prices and Shipping Costs

1. All listed prices are final prices. Due to the application of the EU small business regulation, no VAT is shown.
2. Prices do not include shipping costs. From an order value of €150, delivery within Germany is free of charge.
3. If products are mistakenly listed at an incorrect price, the Provider will contact the customer before shipping.
   The customer may then choose to purchase the product at the correct price or cancel the order.
   If the correct price is lower, the lower price will be charged.
4. The prices valid at the time of ordering apply. If list prices exist, the list prices at the time of ordering apply.

6 Customs

1. For deliveries outside the European Union, import duties and taxes may apply once the package reaches the destination country. These fees must be paid by the customer. The Provider has no control over these charges.
2. Customers ordering from outside the EU are considered the importer and must comply with all regulations of the receiving country. Cross-border shipments may be opened and inspected by customs authorities.

7 Payment Terms

1. Payment is due immediately upon conclusion of the contract. The customer may pay using the available payment methods in the online shop.
2. Advance Payment: The full invoice amount must be transferred within 1 calendar day after ordering. Shipping occurs after payment is received.
3. PayPal: After completing the order, the customer is redirected to PayPal to make the payment. Shipping occurs after payment confirmation.
4. Maestro: The customer enters Maestro card details during the order process. The charge occurs after shipping.
5. Credit Card: The customer enters credit card details during the order process. The charge occurs after shipping.
6. SEPA Direct Debit: The customer grants the Provider a SEPA mandate. Pre-notification is provided before debiting the account. Shipping occurs after successful debit.
7. Invoice: The customer must pay the invoice within 14 days of receiving the goods.
8. Klarna: The customer may pay via Klarna invoice or instalment plan. Payment terms are determined by Klarna.
9. The invoice is sent by email after shipping, or by post if no email address is available.
10. If the customer defaults on payment or a direct debit is returned, the Provider may claim fees such as reminder costs, interest, or chargeback fees.
11. Payment by sending cash or checks is not possible.

8 Retention of Title

1. The delivered goods remain the property of the Provider until full payment has been received.
2. The customer must handle the goods carefully during the retention period. Required maintenance and inspection work must be carried out at the customer's expense.
3. The customer must immediately notify the Provider in writing if the goods are seized or exposed to third-party interference.

9 Delivery, Cancellation and Shipping

1. The delivery time is, unless otherwise stated in the offer, approximately 2 working days. The Provider endeavours to meet the stated delivery times. If delivery deadlines cannot be met, the customer will be informed immediately and any payments already made will be refunded.
2. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on the availability of products can be found on the Provider’s website. All information on availability, shipping or delivery times is non-binding unless expressly stated as binding.
3. If, during order processing, it becomes apparent that the ordered products are not available, the customer will be informed immediately by email or via a message in the customer account. The customer’s statutory rights remain unaffected.
4. Delivery is made depending on the payment method chosen by the customer. For advance payment, delivery occurs after receipt of payment. For all other payment methods, delivery occurs after conclusion of the contract.
5. If the order is shipped in several packages, the customer may receive a separate shipping confirmation for each package. The customer agrees that partial deliveries are possible. A separate purchase contract is concluded for each partial delivery with respect to the products listed in the respective shipping confirmation.
6. The customer may cancel the order free of charge until the goods have been dispatched. After dispatch, cancellation is only possible in accordance with the provisions on the right of withdrawal.
7. Partial deliveries are permitted, provided they are reasonable for the customer. Additional shipping costs are only incurred if expressly agreed.
8. If delivery fails due to reasons attributable to the customer, the Provider reserves the right to withdraw from the contract. Any payments already made will be refunded without delay.
9. If the Provider is unable to deliver the ordered goods through no fault of its own because its supplier does not fulfil its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.
10. If delivery of the ordered products is delayed or made impossible due to force majeure or other unforeseen, extraordinary and non-culpable circumstances—such as natural disasters, war, strikes or official measures—the delivery periods are extended appropriately. The Provider will inform the customer immediately of the non-availability. In such cases, the Provider is entitled to withdraw from the contract. The customer will be informed of the withdrawal without delay and any payments already made will be refunded.
11. The Provider is not liable for delivery delays caused by circumstances beyond its control (“force majeure”). In such cases, the customer will be informed immediately and a new delivery date will be agreed.

10 Transport Damage

1. If you receive goods with obvious transport damage, please complain about such defects immediately to the delivery company and contact us without delay.
2. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

11 Warranty

(1) Warranty for Private Customers

If the customer is a consumer, the warranty is governed by statutory provisions. Consumers in the EU have, in addition to their 30-day return policy, a statutory warranty right of two years from delivery of the goods.

(2) Used Goods

For used goods, the warranty period may be shorter than two years.

(3) Warranty for Business Customers

If the customer is not a consumer, defects will be remedied by replacement delivery or repair. The Provider may choose whether subsequent performance takes the form of rectification of defects or delivery of defect-free goods.
For business customers, the limitation period is one year.
This limitation does not apply to claims for damages based on injury to life, body or health, or in cases of intent or gross negligence.

12 Liability (for Private Customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).

1. If the customer is a consumer, liability is governed by statutory provisions.
2. The Provider’s liability for breaches of contractual obligations and for tort is limited to intent and gross negligence.
   This limitation of liability does not apply in the event of injury to life, body or health of the customer, for claims arising from the breach of essential contractual obligations (cardinal obligations), or for compensation for delay damages pursuant to § 286 BGB. In these cases, the Provider is liable for any degree of fault.
3. In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on the fulfilment of which the customer regularly relies.
4. The above limitation of liability also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents.
5. The Provider assumes no responsibility for the content and accuracy of information in customers’ registration and profile data or other user-generated content.
6. Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
7. Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware of them without gross negligence (§ 199 para. 1 BGB).
8. The Provider is entitled to review texts and files uploaded by customers for compliance with statutory provisions and legal regulations. In case of violations, the Provider reserves the right to remove such content in whole or in part.
9. Liability under the Product Liability Act remains unaffected.

13 Liability (for Business Customers)

This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).

1. The Provider’s liability for breaches of contractual obligations and for tort is limited to intent and gross negligence.
   This limitation of liability does not apply in the event of injury to life, body or health of the customer, for claims arising from the breach of essential contractual obligations (cardinal obligations), or for compensation for delay damages pursuant to § 286 BGB. In these cases, the Provider is liable for any degree of fault.
2. In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on the fulfilment of which the customer regularly relies.
3. The above limitation of liability also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents.
4. The Provider assumes no responsibility for the content and accuracy of information in customers’ registration and profile data or other user-generated content.
5. Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
6. Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware of them without gross negligence (§ 199 para. 1 BGB).
7. The Provider is entitled to review texts and files uploaded by customers for compliance with statutory provisions and legal regulations. In case of violations, the Provider reserves the right to remove such content.
8. Liability under the Product Liability Act remains unaffected.

14 Data Protection

1. The collection and processing of personal data is carried out in accordance with applicable data protection regulations.
   The Provider undertakes to treat customer data confidentially and not to disclose it to third parties, unless the customer has expressly consented or there is a statutory obligation.
2. The customer has the right to obtain information at any time, free of charge, about the personal data stored about him/her, as well as the right to rectification, deletion or restriction of processing.
3. Further information on data protection can be found in the Provider’s Privacy Policy.

15 Set-Off and Right of Retention

1. The customer is only entitled to set-off if his counterclaims have been legally established or are undisputed by the Provider.
2. The customer may only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

16 Special Provisions for Digital Products and Services

1. Digital products are generally made available to the customer via download or email. After receipt of payment, the customer receives the relevant access data or download links.
2. Statutory defect liability rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. rectification of the defect or delivery of a defect-free product.
3. The customer must ensure that the technical requirements for receiving and using digital products are met. The Provider is not liable for disruptions or damage resulting from insufficient technical requirements on the customer’s side.
4. For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) apply.
5. The customer undertakes to provide all necessary cooperation in a timely and complete manner when using services. If the customer fails to fulfil this obligation, the Provider may charge the additional effort incurred.

17 Usage Rights for Digital Content

1. When purchasing a digital product, the customer receives a simple, non-transferable, perpetual right of use to the acquired content, unless otherwise agreed.
2. The customer is not entitled to reproduce, distribute or make the digital content publicly accessible unless this is expressly permitted by contract.
3. All copyrights remain with the Provider or the respective rights holder.

18 User Account

1. The customer is obliged to provide complete and truthful information when registering and creating a user account.
   The customer must keep their login data (username and password) secure and protect it from access by third parties.
   The Provider is not liable for damage resulting from misuse of login data unless the Provider is responsible for the misuse.
   The customer may only create one user account. Multiple registrations are not permitted and may lead to blocking or deletion of user accounts.
2. The customer is obliged to update any changes to personal data, particularly contact and payment details, in the user account without delay.
   The customer is responsible for all activities performed under his user account unless he is not responsible for the misuse.
3. The Provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these Terms and Conditions, or if the customer has provided incorrect information during registration.
   The customer may request deletion of the user account at any time. The Provider will delete the user account and all associated data without delay, provided no statutory retention obligations apply.
   After deletion, the customer may only create a new account by registering again.
4. The Provider endeavours to ensure high availability of the user account. Temporary restrictions or interruptions due to technical maintenance or unforeseen events (e.g. force majeure) cannot be completely ruled out.
   The Provider is not liable for damage arising from temporary unavailability of the user account unless the Provider is responsible for the unavailability.
5. The Provider reserves the right to change, extend or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer at least four weeks before they take effect by email.
   If the customer does not object within four weeks after receipt of the change notification, the changes are deemed accepted.
   The Provider will specifically inform the customer of this legal consequence in the change notification.

19 Storage of the Contract and Correction Options

1. The Provider stores the contract text after conclusion of the contract. The customer can print the order data immediately after placing the order or view it via the customer account, provided one has been created.
2. Input errors can be corrected before submitting the order by using the technical means provided (e.g. “back” function of the browser or by changing the contents of the shopping cart).
3. After placing the order, the customer receives an order confirmation by email containing all contract data.

20 Choice of Law

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has his/her habitual residence.

21 Place of Jurisdiction

1. 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 contractual relationships between the Provider and the customer is the Provider’s registered office.
2. The same applies if the customer has no general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought.

22 Notice pursuant to § 36 Consumer Dispute Resolution Act (VSBG)

1. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
2. Nevertheless, the Provider always endeavours to resolve any disagreements amicably.

23 Online Dispute Resolution and Participation in a Dispute Resolution Procedure

The European Commission provides a platform for online dispute resolution (ODR), available at:
https://www.ec.europa.eu/consumers/odr

The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Nevertheless, the Provider always strives to resolve any disagreements arising from a contract amicably.

24 Additional Agreement

Due to the small business regulation, no VAT is charged.

25 Final Provisions

1. The contract language is German.
2. The Provider does not offer products or services for purchase by minors. Products for children may only be purchased by adults. Persons under 18 may only use the website with the involvement of a parent or legal guardian.
3. If individual provisions of these Terms and Conditions are or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall not be affected.
   In place of the invalid or unenforceable provision, the valid and enforceable regulation shall apply that most closely reflects the economic purpose of the original provision.
4. Changes or additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.
5. The Provider reserves the right to make changes to the website, rules, terms and conditions, including these Terms and Conditions, at any time.
   For your order, the sales conditions, contractual terms and Terms and Conditions valid at the time of your order shall apply, unless a change is required by law or official order (in which case it may also apply to previous orders).
6. There are no verbal collateral agreements. Any changes or additions to this agreement must be in writing.