Terms and Conditions
General Terms and Conditions for the online shop of Phino dogs e.U. (Owner: Sarah Tanner)
§ 1 Scope
(1) The following General Terms and Conditions apply to all contracts concluded by Phino dogs e.U., represented by Sarah Tanner (hereinafter also referred to as "we"), with customers (hereinafter also referred to as "you") within the framework of this online shop. The product range in our online shop is exclusively directed at buyers who have reached the age of 18.
(2) Our deliveries, services, and offers are made exclusively based on these General Terms and Conditions (hereinafter also referred to as "GTC"). The inclusion of GTC of a customer that contradicts our GTC is expressly rejected.
(3) These GTC apply without restriction to entrepreneurs within the meaning of § 1 para. 2 KSchG (Austrian Consumer Protection Act) and to consumers within the meaning of § 1 para. 1 Z 2 of the Austrian Consumer Protection Act (KSchG) only to the extent that they do not contradict mandatory provisions of consumer protection laws.
§ 2 Conclusion of Contract
(1) Contracts concluded within the scope of our online shop are entered into with Phino dogs e.U., Sarah Tanner, Michalekgasse 42/19, 1160 Vienna.
(2) The product offerings presented in our online shop are non-binding and do not constitute legally binding offers. The agreed upon characteristics of all goods are generally only those described by Phino dogs e.U. Any other public statements, such as advertisements or personal views of third parties on communication platforms of any kind, expressly do not constitute contractual representations of the quality of goods or other services. During the ordering process, before clicking the "Add to Cart" button, the customer can modify their order or continue the purchasing process using the "Continue Shopping" function. By clicking the "Add to Cart" button, the customer can place the respective product in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. During the ordering process (step: Payment Information), the customer must confirm that they have read and accepted these GTC. These GTC can be accessed at any time via a corresponding link in the Payment Information step and on the website of our online shop, and customers can print them out at any time.
(3) Before submitting an order, the content of the order, including customer data, is summarized on an overview page. By clicking the "Place Order" button, customers make a binding offer to us to conclude a purchase contract with Phino dogs e.U.
(4) After the order, customers receive an automatically generated email from us confirming the receipt of the order and providing details of the order (Confirmation of Receipt). This Confirmation of Receipt does not constitute acceptance of the contract.
(5) A contract is only concluded upon the dispatch of an order confirmation or the delivery of the goods. Customers can download and save or print these GTC as a PDF at any time. Customers can save and/or print the content of the order immediately after placing their order. Furthermore, customers will be provided with the contractual terms, including these GTC, in text form no later than upon delivery of the goods.
(6) Phino dogs e.U. generally accepts every order but expressly reserves the right not to enter into a contract in certain cases. This is particularly the case when there are typographical errors on the website that form the basis of the customers' offer, when there is a reasonable suspicion based on the customers' information that the customer will not fulfill their contractual obligations properly, or when there is a suspicion that, due to a non-contractual behavior of the customers in the course of another purchase contract, the customers will not fulfill their contractual obligations properly.
(7) Goods are only delivered in household quantities. Phino dogs e.U. reserves the right to make deviations regarding color, design, and form, as long as the delivered goods in quality and price correspond to the ordered goods. The nature and dimensions of the offered goods are described in the product description and images in the webshop. As it is a handmade product, slight variations may exist, such as in the texture of the fabric or in the processing.
(8) The contract language is German.
(9) For logistical reasons, we only deliver our goods to customers in Austria and Germany. Deliveries outside of these countries are only made after prior arrangements. Customers are requested to contact office@phino.at for further information. Any costs for customs clearance and import must be borne by the customers.
§ 3 Prices, Shipping Costs, Delivery
(1) The prices stated on our websites are in Euros and include the legal value-added tax.
(2) Customers bear the shipping costs, which are detailed as follows:
Austria Standard €4.10
Germany Standard €10.12
(3) Phino dogs e.U. assumes no liability for any damages caused by the shipping company.
(4) We aim to deliver as quickly as possible – typically, orders are dispatched within 1-3 working days. If an item is not available in stock, we will inform you as soon as possible about the expected delivery time. Phino e.U. is not liable for any deviations in delivery times caused by the delivery company.
(5) Phino dogs e.U. expressly reserves the right to adjust shipping costs in the future. Customers will be clearly informed of any changes before placing a binding order.
(6) In the case of a revocation according to § 8, customers are responsible for the return shipping costs.
(7) The package must be checked for damages by customers BEFORE acceptance by the shipping company.
§ 4 Payment; Offset and Withholding Rights
(1) Payments can be made by customers via bank transfer in advance or with a credit card. Regarding all payment methods, we explicitly refer to our privacy policy: www.phino.at/datenschutz. If payment authorization is refused, for whatever reason regardless of the payment method, we will not accept the order. In such cases, customers cannot derive any claims from the refused or delayed payment.
(2) Customers are entitled to offsetting rights only with undisputed or legally determined claims against us. The customer is only authorized to exercise a withholding right to the extent that their counterclaim is based on the same contractual relationship.
(3) In the case of fraudulent activity during the purchase, Phino dogs e.U. reserves the right to take legal action against customers.
§ 5 Retention of Title
(1) The delivered goods remain our property until they are fully paid.
(2) Customers must inform us immediately upon becoming aware of any third-party access to the reserved goods. Customers are liable for all costs incurred to release such access.
§ 6 Warranty - Transfer of Risk
(1) Warranty obligations do not exist if the defect or damage has arisen due to improper handling, maintenance, or shipping of the goods.
(2) Important: Please keep the invoice. Without proof of purchase, you cannot assert warranty claims.
(3) With the invoice, you can assert your complaints about defective products directly with us within the statutory warranty period. Please contact: office@phino.at for this purpose.
(4) Deliveries are at the customers' risk unless otherwise agreed in writing. In the case of a "free house" delivery, the transfer of risk remains unaffected. The risk passes to the customers as soon as the goods are handed over to the delivery service or transportation company or leave our premises for shipping. If the shipment is delayed due to factors for which the customers are responsible, the risk passes to the customers upon notification of readiness for shipment.
(5) The warranty period begins with the transfer of risk of the goods or other performance. The limitation period for all warranty claims is determined by the legal basis valid at the time of contract conclusion.
(6) All warranty claims are only available to the immediate customer and are not transferable to third parties. Additionally, the warranty is limited to the value of the purchased item, and any consequential damages resulting from improper use or accidents are expressly excluded.
(7) We do not assume any warranty for normal wear and tear of the purchased item, as well as defects arising from improper or negligent handling or operation.
(8) Any warranty claim is void if changes of any kind or repairs or attempted repairs are made by the customers or by third parties to the purchased item.
(9) In the case of product returns, for any reason, the goods must be packaged in a way that prevents transport damage. All costs and the risk of the return are borne by the customers. Returns sent without prepaid postage will not be accepted by us.
§ 7 Data Protection
Our data protection provisions apply. These can be accessed here: www.phino.at/datenschutz
§ 8 Right of Withdrawal
If customers qualify as consumers within the meaning of § 1 para. 1 Z 2 of the Austrian Consumer Protection Act (KSchG), meaning the purchase is not related to the operation of their business, they have a right of withdrawal under the following provisions.
Customers have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which customers or a third party, other than the carrier and indicated by the customers, acquires physical possession of the goods.
To exercise the right of withdrawal, customers must inform us of their decision to withdraw from this contract by means of a clear statement (e.g., an email). Customers may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for customers to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Phino dogs e.U.
Sarah Tanner
Michalekgasse 42/19
1160 Vienna
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (): Ordered on ()/received on () Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (only for communication on paper) Date () Delete as appropriate.
End of Withdrawal Instruction
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by consumers is decisive or which are clearly tailored to the personal needs of the consumer.
Please avoid damage and contamination. Please return the goods in their original packaging with all accessories and all packaging components, if possible. Use protective outer packaging if necessary. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
Please call us at +43 660 388 73 49 or send an email to office@phino.at before returning the goods to announce the return. This way, you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in the two preceding paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.
§ 9 Applicable Law
(1) Austrian law, excluding the UN Sales Convention, governs these terms and conditions and the entire legal relationship between us and our contracting partners. For consumers, this choice of law applies only to the extent that mandatory provisions of the law of the state where they have their habitual residence are not displaced.
(2) Regarding jurisdiction, the competent court at the registered office of Phino dogs e.U. is agreed upon as locally competent. Deviations apply if mandatory consumer protection regulations provide otherwise.
§ 10 Information on Online Dispute Resolution
Consumers within the EU have the option to address complaints to the EU's Online Dispute Resolution platform: http://ec.europa.eu/odr. Furthermore, we do not participate in consumer dispute resolution procedures.
You can also submit your complaint directly to us at the following email address: office@phino.at
§ 11 Final Provisions
(1) This contract contains all agreements between the parties regarding the subject matter of the contract. Oral collateral agreements do not exist.
(2) Should individual provisions of this contract be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision that economically comes closest to the purpose of the invalid or unenforceable provision shall apply.
§ 12 Identification of the Provider, Serviceable Address, Information Obligations
Our address for complaints and other declarations of intent, as well as our serviceable address, is:
Phino dogs e.U.
Owner: Sarah Tanner
Company Registration Number: FN 601660
Commercial Court Vienna, Court Section 37
Business Address: Michalekgasse 42/19, A-1160 Vienna
Tel. +43660/3887349
Email: office@phino.at
VAT ID: ATU79694868
Registered Sole Proprietorship in the Trade Business
Competent Authority: Vienna Municipal Authority, Municipal District Office for the 16th District
Applicable Professional Law: Trade Regulations
As of: August 2023