General Terms and Conditions (GTC) for the use of the online sales platform "pfoten-profi-marktplatz.com" by customers

We,

Nadine Wegner and Ines Wegner GbR, acting under the business name “Pfoten Profis”, Koppenstraße 16, 10243 Berlin, Germany

in the following: We/us/the Pfoten Profis

offer on our website an online sales platform for pet supplies and articles around the topic “pet”, e.g. pet food, pet toys, leashes, scratching furniture, articles for pet hygiene, decoration articles, textiles, etc. pp. We provide a digitalin marketplace to interested sellers who register on our website and to whom we enable participation on our platform.

In sales that come through our platform, we collect only from the registered sellers, but not from the sellers, but not from buyers, who can use the platform free of charge. Apart from that, we are – with the exception of our own online store on our platform – neither on the seller’s nor on the buyer’s side involved as a contractual party in sales contracts that are concluded via our platform. The corresponding purchase contracts are concluded exclusively between the seller and the buyer. The general terms and conditions of the respective seller apply.

You, as the end consumer in the following: You/User

we offer the possibility of free and at any time terminable registration on our platform. Via your user account, you can conveniently manage your orders and purchases on our platform without having to enter and transmit your data anew for each order. These terms and conditions govern the user relationship between us, the Pfoten Profis and you as a registered user of our sales platform.

1. Scope of application

(1) These general terms and conditions (GTC) govern the legal relationship of the free registration and at any time terminable use of a user account on our online platform/digital marketplace .

(2) These GTC apply exclusively. Conflicting or contradictory GTC or other contractual clauses of our users will not be recognized by us and will only become part of the contract with our express consent. Individual agreements, however, always take precedence over these GTC.

(3) The GTC at the time of your registration on our online platform shall apply. Through our registration process, we ensure that you agree to the validity of these GTC before your user profile is activated and can be used by you. You can view, download and/or save our currently valid GTC at any time on our online platform.

2. Contents of the platform and responsibility of third parties

(1) Under we provide an online sales platform for pet supplies and articles related to the topic “pet”. The offered articles are not own offers of the Pfoten Profis, but offers of third parties (sellers).

(2) A contract of sale is therefore only ever concluded between you and the respective seller. In this respect, we only provide the technical platform and do not become a contractual partner of the purchase contracts. For purchase contracts that are concluded via our digital marketplace on a seller profile, the General Terms and Conditions (GTC) of the respective seller apply – if available. The seller is also responsible for the fulfillment of all instruction and information obligations incumbent upon him and, as the contractual partner, is also your contact and addressee for all rights and obligations arising from the purchase contract.

3. Registration

(1) Visiting our digital marketplace and viewing the offered items is also possible for you without registering a user account. However, by registering with a user account, you can conveniently manage your orders and do not have to submit your data again each time you shop on our online platform. In any case, you can register on our online platform free of charge.

(2) Registration takes place by opening a user account. To do this, you must provide us with the data required for registration on our website, namely your e-mail address and a password of your choice. Please check the data entered before you send it to us and correct any inaccuracies or errors. Until your registration is complete, you can correct your entries directly in the corresponding input fields using the usual keyboard and mouse functions. You will then be asked to actively agree to these GTC. Without your consent to the validity of these GTC, the registration process cannot be completed. With your consent, the registration process is completed and your user account is activated. Subsequently, you will receive an e-mail from us at the e-mail address you provided, with which you confirm your e-mail address to us. The activation/validation of your e-mail address will be stored in your user account. You can voluntarily complete your user account by providing additional data (first name, last name, address and contact details).

(3) Upon completion of the registration process, a contract for the use of the online sales platform (hereinafter: “user contract”) is concluded between you and us, Nadine Wegner and Ines Wegner GbR, acting under the business name “Pfoten Profis”, Koppenstraße 16, 10243 Berlin, Germany. There is no claim to the conclusion of a user contract.

(4) In your own interest, to protect against misuse of your user account, please make sure to choose a password that provides you with sufficient security against misuse of your account, e.g. by choosing a long password and the combined use of numbers, special characters, upper and lower case letters. Furthermore, you are obligated not to disclose the respectively valid password to third parties and to take reasonable precautions to ensure that no third party has unauthorized access to your account and the data stored there. If you suspect misuse of your account, you must notify us immediately. If you violate the obligations mentioned here, we assume no liability for the misuse of your account and the data stored therein.

(5) Registration is only permitted to persons with unlimited legal capacity. Natural persons who have not yet reached the age of 18 are expressly not permitted to participate in our digital marketplace. If you register as a representative of another natural person or legal entity or partnership for a user account of the person you represent on our digitalin marketplace, you confirm with the transmission of your data that you are sufficiently authorized to represent the third person and are authorized and entitled to issue the corresponding declarations of intent. It is not possible to transfer access to your account to third parties.

(6) Contract language is German. The text of the contract for the use of your account on our digital marketplace is no longer accessible on our online platform after registration has been completed. The complete contract text is not stored by us. You can print out the relevant contract data and these GTC at any time using the print function of your browser or save them electronically on your terminal device.

4. Duration of the user contract

The free registration and use of your account runs for an indefinite period of time and is unlimited. You can terminate the user agreement at any time with effect for the future by deactivating your user account independently or by informing us that you wish to terminate your account. Upon receipt of such notice, we will immediately deactivate your account. The right to extraordinary termination remains unaffected for both contracting parties. Furthermore, we may also terminate the usage agreement in due time in accordance with the statutory provisions. The usage data will be deleted after the deactivation of your account, if there are no legal obligations to keep records.

5. Behavioral obligations of the users, exemption in case of violations

(1) If the possibility is opened to publish or distribute contributions in word, writing and/or picture on our digital marketplace, e.g. reviews, comments, ratings, experience reports, etc., such contributions are not checked by us without cause. However, should we become aware that a user is violating these GTC or legal regulations with a contribution, such illegal content will be removed, blocked, deleted or deactivated immediately.

(2) You are solely responsible and – in the event of an infringement – liable for ensuring that you have all rights with regard to the content you publish and that no third-party rights are infringed thereby. By uploading or publishing content, you irrevocably and gratuitously grant us a simple, i.e. non-exclusive right, unrestricted in terms of space, time and content, to make such content publicly accessible on our online sales platform. Content uploaded independently by users (so-called user generated content, UGC) does not represent our opinion, nor do we adopt such content as our own.

(3) It is strictly forbidden to publish, upload and/or otherwise distribute content on our sales platform that is

  • immoral, pornographic, racist, insulting, defamatory, extremist, discriminatory, disparaging, defamatory or otherwise objectionable or unlawful, and to refrain from are
  • are unobjective or untrue,
  • rights of third parties, e.g. copyrights, personal rights, image rights, data protection rights, trademark rights, name rights, design rights, utility model rights or patent rights, infringe utility model or patent rights,
  • fulfill a criminal offense,
  • contain viruses or other harmful computer programs, which damage software or hardware or damage software or hardware, or interfere with the use of computers,
  • are surveys, chain letters or (surreptitious) advertising, or

serve the purpose of collecting personal data from other users and/or otherwise unauthorized use.

(4) If we become aware of such a violation, we will immediately delete the content in question delete the content in question immediately. Should third parties assert claims against us due to such an infringement, the responsible user shall fully indemnify us against such claims upon first request. We expressly reserve the right to report illegal content to official investigative authorities.

6. Blocking and deactivation of a user account

(1) If there are concrete indications that a user is violating legal regulations, the rights of third parties or these GTC, we may – depending on the severity of the violation, the degree of fault and the extent of the violation – also warn the user or block the user account temporarily or permanently, partially or completely and, if necessary, deactivate or delete it.

(2) After such a blocking, deactivation or deletion of a user account, a new login or registration of the affected user is also excluded via other user accesses.

7. Temporary maintenance

We endeavor to make our online sales platform available to you permanently and without and to guarantee the permanent operation and provision of your user account. Nevertheless, we expressly do not assume any guarantee for this. If technical maintenance work is necessary on our online sales platform and access to your user account is likely to be temporarily restricted for this reason, we will inform you of this in advance and, if possible, have this work carried out at a time outside normal business hours. Such work serves the system stability and ongoing optimization of our sales platform. Any reasonable restrictions that may be associated with this are to be tolerated within the usual framework.

8. Liability

(1) We merely provide a digital marketplace where you can order and purchase items from sellers registered with us. For this reason, we do not assume any responsibility that the information provided on the respective seller profiles is complete, correct and up to date. This applies in particular to offers, prices, advertising, item descriptions and other information of the participating sellers. The sellers participating with us are solely responsible for this.

(2) Apart from that, we shall only be liable within the scope of providing your user account for our own fault and only for intent and gross negligence, regardless of the legal grounds. For slight negligence, we are only liable for expenses and damages in the event of a breach of material contractual obligations and limited to the direct, foreseeable damages. In this case, we shall not be liable for indirect damages, consequential damages and loss of profit. Material contractual obligations are those obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment our contractual partner may regularly rely. For us, this is in particular the obligation to provide your user account.

(3) The exclusions and limitations of liability set forth herein shall also apply to our employees, representatives or vicarious agents.

(4) The exclusions and limitations of liability set forth herein shall not apply to damages caused intentionally or by gross negligence or to damages resulting from injury to life, body or health. Furthermore, they do not apply to claims under the Product Liability Act (ProdHaftG). Instead, the statutory liability rules shall apply in these cases.

9. Data protection

(1) We collect and process the personal or personal-related data provided by you as a registered user within the framework of the applicable legal regulations, in particular in accordance with the relevant provisions of the DSGVO and the BDSG on the basis of an effective legal basis, either on the basis of your consent, for the purpose of fulfilling contracts existing with you or for initiating contracts, or on the basis of our legitimate interest in data processing. You can find more detailed information on this in our data protection declaration.

(2) For personal and personal-related data that the sellers registered and participating on our digital marketplace registered and participating sellers on our digital marketplace as third parties, the respective sellers are solely responsible. The sellers registered on our digital marketplace have been obligated by us to comply with the applicable data protection regulations, in particular the provisions of the DSGVO. Inquiries and legal remedies regarding data collected and/or processed by sellers participating on our platform in the context of orders placed by you must therefore be addressed to the respective sellers. To the extent that we receive such requests, we will forward them to the sellers concerned. With the exception of the data that we collect from you in the course of your registration on our platform, we do not have access to your personal and personal data.

10. Online Dispute Resolution according to Art. 14 para. 1 ODR-Regulation

The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions

(1) The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(2) For the free registration and use of our sales platform as a customer, the statutory warranty rights apply.

Status: July 2021

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