Terms and Conditions

General terms and conditions

1. Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Subject of contract

The subject of the contract may be, in addition to the one-off order of our goods, the one-off purchase and provision of a digital content ("Products"). Digital content is data that is created and provided in digital form.

3. Contractual partner, formation of contract, options for corrections

The contract is concluded with Alexander Gamper Einzelfirma.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

4. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, French, Spanish, Italian

The text of the contract will not be saved by us.

5. Delivery conditions

5.1 Supply of goods and physical data carriers

This section applies to goods and physical data carrier that serve exclusively as carriers of digital content. However, this section does not apply to digital content if and to the extent that the digital content is provided exclusively in digital form.

We deliver free of charge.

Delivery options

We ship the products to the delivery address specified in the order process.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to a "Packstation".

5.2 Provision of digital content

Digital-only content shall be made available by one of the delivery methods described below: delivery via download page, delivery via e-mail

6. Payment

The following payment methods are basically available in our online shop.

Note: For better understanding, we base the information on the individual payment methods on the time of execution of the payment transaction on a delivery of goods. The following deviations apply depending on the subject matter of the contract:

• in the case of orders for physical data carriers which serve exclusively as carriers of digital content, the dispatch or receipt of the data carrier shall take the place of the dispatch or receipt of the goods.

• in the case of the provision of digital content which is provided exclusively digitally, the digital provision of the digital content shall take the place of the dispatch or receipt of the goods.

Stripe
Stripe Checkout - Stripe, Inc. 354 Oyster Point Boulevard South San Francisco, California, 94080 USA

7. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

8. Special conditions for digital content

In the case of the provision of digital content, the subject matter of the contract is the permanent transfer of the content offered in each case as well as the granting of the rights of use specified below. However, this does not include the installation and configuration of the digital content on your end device, if required.

8.1 Granting of rights of use

The digital contents offered are protected by copyright. With the provision you are granted a simple, non-exclusive right of use. With the acquisition of the respective digital content, you are entitled to install - insofar as necessary - the digital content, to load it into the RAM of your terminal device and to use it as intended.

You are further entitled to permanently transfer the acquired copy to third parties if you

• expressly inform the third party of the scope of your right of use,
• you hand over to the third party the complete documentation, if any, and
• at the same time you completely give up the use of the digital contents yourself. You will give up your own use completely if you delete all copies located on your end devices and external data carriers, unless you are legally obliged to retain them for a longer period. Upon our request, you will confirm the complete cessation of use to us in writing.

You may not remove or alter copyright notices, serial numbers or other identifying features of the products.

8.2 Change to digital content

In the case of permanent provision, we may make changes to the digital content that go beyond what is necessary to maintain conformity with the contract if there is

• there is a good reason for doing so,
• you do not incur any additional costs as a result of the change, and
• we give you clear and understandable notice of the change.

Good cause in this sense includes cases where the change is necessary to adapt the digital product to a new technical environment or to an increased number of users, or where it is necessary for other important operational reasons.

9. Warranty and guarantees

9.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a voluntary guarantee, if agreed, or
• within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

Notes to consumers

We would like to inform you that the relevant legal presumptions for the statutory reversal of the burden of proof in the event of defects do not apply to the sale of digital content if

1. your digital environment was not compatible with the technical requirements of the digital content (as stated in the respective product description) at the relevant time or

2. we are unable to determine whether the requirements of number 1 were met because you did not carry out an act of co-operation that was necessary and possible for you and we wanted to use a technical means to determine this that represented the least intrusion for you. We hereby draw your attention to your obligation to co-operate.

9.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von 9:00 Uhr bis 12:00 Uhr unter der E-Mail aura@petglow.ai.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Dispute resolution

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are willing to participate in dispute settlement proceedings before a consumer dispute resolution body.
Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V. is responsible for providing you with information and referring you to the appropriate entity for alternative dispute resolution.

Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
mail@universalschlichtungsstelle.de

12. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.