1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Meow-Peow.com" (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller for the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2. These GTC apply accordingly to the purchase of vouchers, unless expressly stated otherwise.
1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
1.4. An entrepreneur is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1. The presentation of goods, especially in the online shop, is not a binding offer by the Seller.
2.2. Initially, the Customer places the selected goods in the shopping cart. In the subsequent step, the order process begins, in which all necessary data for order processing is collected.
At the end of the order process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the order process does the Customer make a binding offer to purchase the goods in the shopping cart.
The Customer may also submit this offer to the Seller by fax, email, post, or telephone.
2.3. The Seller accepts the Customer's offer through one of the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after the order is placed
or
- Delivering the ordered goods
The decisive factor for the time of acceptance is the first alternative that occurs.
The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4. The text of the respective contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The General Terms and Conditions can be viewed by the Customer at any time on this page. The order data, the cancellation policy, and the GTC will be sent to the Customer by email. After the order is placed, the contract text is freely accessible to the Customer via their customer login, provided that they have opened a customer account.
2.5. All entries made are displayed before clicking on the order button and can be viewed and corrected by the Customer before submitting the order by using the browser's back button or the usual mouse and keyboard functions. In addition, if available, correction buttons labeled accordingly are available to the Customer.
2.6. The contract language is English.
2.7. It is the Customer's responsibility to provide a correct email address for contact and order processing and to set the filter functions in such a way that emails relating to this order can be delivered.
3. Prices and Payment Conditions
3.1. The prices displayed are final prices, including the statutory value-added tax, unless otherwise agreed.
If additional shipping costs apply, this will be stated in the product description.
3.2. If delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the Customer to the relevant customs or tax authorities or to credit institutions. The Customer is advised to inquire about the details before placing an order with the respective institutions or authorities.
3.3. The Customer can select the payment methods available in the online shop.
3.4. In the case of payment in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5. When paying via "PayPal," payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms and conditions of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. When paying via "PayPal Direct Debit," the collection of the claim by PayPal takes place after the Customer has granted a SEPA Direct Debit Mandate and after the expiry of the pre-notification period on behalf of the Seller from the Customer's bank account. Pre-notification is the Seller's announcement to the Customer that their account will be debited by SEPA Direct Debit and can be done, for example, in the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution due to the chargeback, if they are responsible for it. The remaining contractual relationship as well as rights and obligations towards the Seller remain unaffected by payment by direct debit.
3.7. When paying via "PayPal Installment Payment," the Customer enters into a partial payment agreement with PayPal. If PayPal permits payment via "PayPal Installment Payment," the Customer must pay the invoice amount to PayPal according to the conditions specified by PayPal in the PayPal payment portal. The general terms and conditions of PayPal apply, which can be found here: [url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]. The remaining contractual relationship as well as rights and obligations towards the Seller remain unaffected by this payment method.
3.8. When paying by invoice via "PayPal Invoice," payment processing is carried out by PayPal. The purchase price becomes due after delivery of the goods and must be paid to PayPal within 30 days of receiving the invoice, unless another payment deadline is specified. The purchase on account requires a successful credit check by PayPal. After the credit check, if the purchase on account is granted, the Seller assigns its claim to PayPal, so payment can only be made to PayPal with debt-discharging effect. The remaining contractual relationship as well as rights and obligations towards the Seller remain unaffected by this payment method. In addition, the general terms and conditions for the use of invoice payment by PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Delivery and Shipping Conditions
4.1. The delivery of goods by shipping takes place to the delivery address specified by the Customer. In the case of payment via PayPal, the delivery address stored by the Customer at the time of payment to PayPal is decisive.
4.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or incorrect recipient or other circumstances leading to the impossibility of delivery, these costs shall be borne by the Customer, unless the Customer is not responsible for the incorrect information or the impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller had announced the service to the Customer in advance. The costs of return shipping are excluded from this regulation if the Customer effectively exercises their right of withdrawal. In this case, the legal or Seller-specific regulations apply.
4.3. In the case of agreed self-collection, the Customer will be informed by the Seller that the goods they have ordered are ready for collection. After receiving this email, the Customer can collect the goods from the Seller's place of business or from an agreed location after consultation with the Seller. In this case, no shipping costs will be incurred.
4.4. Gift vouchers are provided to the Customer in the following forms:
-
by email
-
by download
-
by mail
5. Right of Withdrawal
5.1. If the Customer is a consumer, they generally have a right of withdrawal.
5.2. The withdrawal policy of the Seller applies to the right of withdrawal.
6. Retention of Title
If the Seller provides goods in advance, ownership of the goods remains with the Seller until full payment of the purchase price has been made.
7. Warranty for Defects
7.1. Regarding warranty, the statutory provisions on warranty apply, unless otherwise agreed in these GTC.
7.2. The Customer is requested to report goods delivered with obvious transport damage to the carrier and to notify the Seller of this. Non-compliance has no consequences for the Customer's statutory or contractual warranty claims.
8. Indemnification for Violation of Third-Party Rights
If, in accordance with the contract, the Seller also owes the processing of the goods according to certain specifications of the Customer, the Customer must ensure that the content provided to the Seller for this purpose does not infringe the rights of third parties. The parties agree that the Customer shall indemnify the Seller from claims by third parties in this regard, unless the Customer is not responsible for the infringement. This also includes the assumption of the reasonable costs of necessary legal defense, including all court and attorney fees at the statutory rate. The Customer is obligated to provide the Seller immediately, completely, and truthfully with all information necessary for the examination of claims and defense in the event of claims by third parties.
9. Redemption of Gift Vouchers
9.1. Vouchers that have been purchased through the Seller's online shop ("Gift Vouchers") can only be redeemed in the Seller's online shop.
9.2. Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year after the year in which the gift voucher was purchased. Any remaining balances are credited to the Customer's gift voucher account until the expiration date.
9.3. Gift vouchers can only be redeemed before the order process is completed. Subsequent redemption is not possible.
9.4. Multiple gift vouchers can be redeemed within one order.
9.5. Gift vouchers can only be redeemed for the purchase of goods. The purchase of additional gift vouchers cannot be paid for with a gift voucher.
9.6. If the value of a gift voucher is not sufficient to cover the cost of the respective order, one of the other offered payment methods can be used to pay the difference.
9.7. Balances on gift vouchers are not paid out and are not interest-bearing.
9.8. Gift vouchers are generally transferable. The Seller may make payments to the Customer redeeming the respective gift voucher with debt-discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation of the respective owner.
10. Redemption of Promotional Vouchers
10.1. Vouchers that the Seller issues free of charge as part of (promotional) campaigns with a specific validity period ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2. Individual products may be excluded from the voucher campaign. Specific restrictions can be found in the promotional voucher.
10.3. Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.
10.4. Only one promotional voucher can be redeemed per order. The redemption of multiple promotional vouchers in one order is not possible.
10.5. The total value of the respective order must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other offered payment methods can be used to pay the difference.
10.7. The balance of a promotional voucher is neither paid out nor interest-bearing.
10.8. The promotional voucher is also not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9. Promotional vouchers are generally transferable. The Seller may make payments to the Customer redeeming the respective promotional voucher with debt-discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation of the respective owner.
11. Applicable Law
The law of the Ukraine applies, excluding the laws on the international sale of movable goods. The statutory provisions for limiting the choice of law and for the applicability of mandatory provisions, especially of the state in which the Customer has their habitual residence as a consumer, remain unaffected.
12. Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Ukraine, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has their registered office outside the territory of the Ukraine, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims from this contract can be attributed to the Customer's professional or commercial activity. However, the Seller is also entitled to appeal to the court at the Customer's place of business in the aforementioned cases.