Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Vibe Labs LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA, operating under the brand Paw Vibes (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.

2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the order process the Customer also issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer’s order has been sent. Any further provision of the contract text by the Seller shall not take place. If the Customer has set up a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors may be the browser’s zoom function, with which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contacting generally take place by email and via automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not a member of the European Union, and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory value added tax (VAT). Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring money via credit institutions (e.g. transfer fees, exchange rate fees) or import duties/taxes (e.g. customs duties). Such costs may also arise with regard to the transfer of money even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “Shopify Payments” is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services for which special payment terms may apply, to which the Customer may be referred separately. Further information about “Shopify Payments” is available on the internet at https://www.shopify.com/legal/terms-payments-de .

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address stated in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of sending the goods to the Customer if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the Seller’s withdrawal policy applies if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above liability limitations and shortening of deadlines do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is acting as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The Customer alone is responsible for procuring and acquiring the rights to these contents. The Customer declares and assumes responsibility that they have the right to use the contents provided to the Seller. In particular, the Customer shall ensure that no rights of third parties are infringed thereby, in particular copyright, trademark and personality rights.

8.2 The Customer shall indemnify the Seller against claims by third parties that such third parties may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the infringement is not attributable to the Customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay, truthfully and completely, with all information necessary for the examination of the claims and for a defense.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or is contrary to public morals. This applies in particular in the case of providing anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Promotional Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent set-off is not possible.

9.5 Several Promotional Vouchers can also be redeemed for one order.

9.6 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.8 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher will not be 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.

9.10 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not a member of the European Union, and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

11) Alternative Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.