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Terms of Use
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| The Feisty Cat Store |
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Owner: Conny Christine Neubert, Rigaerstr. 33, 10247 Berlin, Germany
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Tax- ID: DE251235058
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1. Ambit:
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These terms of use apply to a all current and future business relations with private individuals (end customers) and businesses (customers). As far as these terms of use apply to private individuals (end customers) and businesses (customers) accordingly, customers and end customers will be addressed by "you" in the following text.
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The Feisty Cat Store / Conny Christine Neubert sells exclusively under the terms of use that you agree to during your order process.
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Deviating, contradicting and additional terms of use even if known will not be part of the agreement unless they are explicitly agreed upon in writing.
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2. Conclusion of Agreement / Partial Delivery:
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The offered goods of the Feisty Cat Store (www.feisty-cat.com) do not represent offers but merely product and price information. By clicking on the button "Confirm Order" you submit a legally binding order of the goods in your shopping cart. The acknowlegement of your order as well as the confirmation of your order will is finalized with the sending of the automatic e-mail. With this e-mail the contract of sale is closed. The Feisty Cat Store is not obliged to take up an order. The Feisty Cat Store is entitled to partial deliveries as long as they are reasonable for you. No additional costs will be charged unless after explicit previous agreement. Additionally the terms under 4 apply.
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3. Product Condition / Size Chart :
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The product descriptions are meant to give a conception of the character and the quality of the offered goods and rely on the information of the manufacturer. On open questions regarding the attributes/sizes of an article it is recommended to inquire by email. The Feisty Cart Store cannot be held liable for mistakes in this information. Color deviations between the pictures in the internet and the articles are due to technical issues and are not flaws or deficiencies. Slight deviations in size are due to production and do not represent a flaw. All prices are gross prices including the current legal value added tax.
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4. Shipment:
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Shipment will be made to the invoice address given. If another shipping address is required you have the possibility to enter this during the order process.
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A detailed listing of the shipping costs can be found in the following shipping cost chart .
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| Shipping Germany, insured |
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Inside of Germany the shipping cost is 6,90€ - no matter what the weight of the package is and how many partial shipments you receive!
Orders by cash on delivery are only possible within Germany up to an order value of 100.-€. If you order by cash on delivery an additional 4.-€ will be charged.
The package will be shipped as soon as your payment is received or by cash on delivery in 48 hours, provided the ordered products are in stock. The shipping times can be looked up in the product description.
The shipments come in a neutral packaging.
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Inside of Germany shipping is free for a total order value higher than 150€! |
| Shipping Europe, insured |
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*Belgium, Denmark, Estonia, Finland, France, ( except Oversea Departments), Greece, Great Britain, Northern Ireland, Ireland, Italy, ( Except San Marino, Livigno, Vatikanstadt ), Lithuania, Luxembourg, Monaco, Netherlands, Austria, Poland, Portugal, ( except Azores, Medeira ), Sweden, Slovakia, Slovenia, Spain ( except Ceuta, Canaries, Melilla ), Czech Republic, Hungary, Cyprus ( greek part )
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Inside of Europe the shipping allowance is 16,90€ - no matter what the weight of the package and how many partial shipments you receive!
The package will be shipped as soon as the payment is received, provided the products are in stock. The shipping times can be found in the product description.
The shipments come in a neutral packaging.
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Inside of Europe* shipping is free for a total order value higher than 500 €! |
| Shipping worldwide (insured up to 5kg (11lb)) |
For shipments to non-european countries additional customs duties and fees are incurred. For more information please check for example http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=EN and especially for Switzerland http://xtares.admin.ch/tares/login/loginFormFiller.do.
The exact calculation of the shipping costs will be made on the basis of the the total weight of your order during the order process. |
| zone 1 |
17,00€ |
Azores, Bulgaria, Faroe Islands, Greenland, Guernsey, Korsika, Liechtenstein, Madeira, Malta, San Marino, Baleares, Vatican City
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| zone 2 |
30,00€ |
Albania, Armenia, Andorra, Azerbaijan, Bosnia Herzigowina, Georgian Republic, Gibraltar, Iceland, Yugoslavia, Kanari islands, Kazakhstan, Kosovo, Croatia, Macedonia, Republic of Moldau, Norway, Romania, Russian Federation, Switzerland, Serbia and Montenegro, Turkey, Ukraine, white Russia, Cyprus |
| zone 3 |
32,00€ |
Egypt, Algeria, Bahrain, Iraq, Iran, Israel, Jeman, Jordan, Canada, Qatar, Kuweit, Lebanon, Libya, Morocco, Oman, Saudi Arabia, Syria, Tunesia, the USA, United Arab emirates |
| Shipping worldwide (insured , up to 10kg (22lb)) |
| zone 1 |
23,00€ |
Azores, Bulgaria, Faroe Islands, Greenland, Guernsey, Korsika, Liechtenstein, Madeira, San Marino, Malta, Baleares, Vatican City |
| zone 2 |
36,00€ |
Albania, Armenia, Andorra, Azerbaijan, Bosnia Herzigowina, Georgian Republic, Gibraltar, Iceland, Yugoslavia, Kanari islands, Kazakhstan, Kosovo, Croatia, Macedonia, Republic of Moldau, Norway, Romania, Russian Federation, Switzerland, Serbia and Montenegro, Turkey, Ukraine, white Russia, Cyprus |
| zone 3 |
43,00€ |
Egypt, Algeria, Bahrain, Iraq, Iran, Israel, Jeman, Jordan, Canada, Qatar, Kuwait, Lebanon, Libya, Morocco, Oman, Saudi Arabia, Syria, Tunesia, the USA, United Arab emirates |
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We ship worldwide. If your country is not listed here please contact our service to ask for shipping and delivery conditions for your country. shop@feisty-cat.com |
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We are entitled to partial shipments as long as they are reasonable for you. Additional shipping costs will only be raised on explicitly agreement.
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Delivery will be in the time frame defined in the offer after receipt of payment, for custom made products or special requirements according to explicit agreement. The Feisty Cat Store strives to keep time frames and dates and to process orders as fast as possible. The Feisty Cat Store cannot be held liable for delivery delays due to acts of nature beyond control and occurrences that delay shipment or make them impossible. Included but not limited to are business disruptions, strike, natural disaster, war, acts of terrorism, legal decrees and similar. Such difficulties entitle The Feisty Cat Store to delay the delivery or service for the period of the interference or due to the not accomplished delivery to partially or fully step back from the contract. The orderer is granted the same right. Already paid expenses will be refunded as soon as possible.
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5. Payment, Delay of payment, Default of Acceptance:
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Customers have the following payment options:
Standard Bank Transfer ( 1,5% Discount ) For Standard Bank Transfer we will deduct a 1,5% discount automatically from the customers order value. The customer will receive our bank account information after checkout via email. We ask the cutomers to remit the amount within a period of 7 workdays. The given shipping times are valid upon payment reciept.
Debit Advice We will withdraw the amount invoiced within a period of 1-2 workdays. The customer should check that his account is balanced to prevent return debit notes. The given shipping times are valid from the acceptance of the withdrawal. This payment method is only possible from a German bank account.
Cash on Delivery In addition to the shipping costs a 4,00€ Cash-On-Delivery charge will be added. Upon delivery the Deutsche Post will raise another 2,00€. Products that are signed to be in stock will be shipped within 48 hours. Otherwise the given shipping times apply. Note: This payment option is only available in Germany up to an order value of 100,00€.
Creditcard / PayPal The customer can pay his order with his PayPal account. The directlink to the payment transaction will be mailed to him upon checkout. We ask the customer to finalize the transaction within a period of 7 workdays. The given shipping times are valid from the date when we receive the incoming payment.
The Feisty Cat Store ships on advance payment and on cash on delivery. The Feisty Cat Store is not obliged to advance shipment. If the Feisty Cat Store delivers in advance a default takes effect with default interest 14 days and at the latest 30 days after delivery of shipment invoice or equivalent payment plan. In case of a default The Feisty Cat Store will charge a 5% interest rate above the current base interest rate. Additional claims regarding a disprofit by The Feisty Cat Store remain unaffected.
If the ordering customer is in default of acceptance The Feisty Cat Store is entitled to withdraw from the agreement or claim charges due non-fulfillment of the agreement when a set time period has expired. When in default The Feisty Cat Store is entitled to demand the return of the under reservation of proprietary rights delivered goods without this being a withdrawing from the contract and keep the goods until the payment is received.
On default The Feisty Cat Store charges 6.- € per admonition for the postage, paper, printer, admonition and other administration costs. The ordering customer is entitled to prove that none or only few costs have been raised.
We reserve the right to transfer the claims to third parties. In case of a default the buying customer also agrees to have his personal data transmitted to credit protection agencies. We reserve the right to refrain from shipping to customers that infringe our shipping regulations. The buying customer agrees to notify us as soon as possible on any changes to personal information ( e.g. new address, telephone number, email address ). If in default he agrees on covering the full proven expenses necessary to retrieve the new address. For customers (businesses) the stricter regulations of the Handelsgesetzbuch (German Trade Regulation Law) apply.
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6. Right of Withdrawal:
The Right of Withdrawal applies exclusively to end customers.
6.1 Withdrawal:
You can withdraw from the contract within a period of two weeks without stating reasons, in written form (for example by letter, fax, e-mail) or – if the item is in your possession before the end of the stated period – by withdrawing by sending back the goods.
The period begins upon the receipt of this statement but not before the goods have arrived at the recipient (for reoccuring shipments of the same type of goods not before the arrival of the first partial shipment) and not before fulfillment of our informational obligations according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 und 4 BGB-InfoV as well as our duties according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV ( German Federal Laws). To comply with the term it is sufficient to send the withdrawal statement or the goods back within the set period. The withdrawal statement should be sent to:
Conny C. Neubert Rigaer Str. 33 10247 Berlin Germany
Email: conny@feisty-cat.com Telephone: +49(0)30 42020834 Fax +49 (0) 30 85714738
6.2 Withdrawal Consequences:
In case of a valid withdrawal the services received by both parties must be returned and the benefits drawn ( for example interests ) given back. If you cannot return the services completely or only in a degraded state you may have to provide compensation if applicable. This does not apply for goods surrendered if the degradation is solely due to the examination of the goods as it would be possibly for you in a retail store. Incidentally you can prevent compensation charges by usage of the goods in its intended way by not using the goods as your property and refraining from doing anything that might degrade its value.
Packagable goods are to be sent back at our own risk. You have to cover the costs for the return shipment if the goods delivered were the goods ordered and the price of the goods does not exceed 40 Euro or in the case of more expensive products if you have not provided the equivalent or the contractual agreed partial payment. Otherwise the return is free of cost for you. Non-packagable goods will be picked up at your address. Obligations to compensate payments have to be fulfilled within 30 days. The period starts for you with sending the withdrawal statement or the goods, for us upon receipt of the goods.
End of the right of withdrawal statement.
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7.Warranty:
The warranty applies to end customers exclusively.
Warranty applies after the regulations od the German laws. For all defects that arise during the legal warranty period of two years the end customer has the right to supplementary performance (his choice: removal of defects or renewed shipment) and - when applicable the legal rights to abatement or withdrawal as well as amends.
You can reach our customer service under the telephone number +49 (0) 7135 938380 or e-mail shop@feisty-cat.com. |
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| 8. Transport Damage and Obvious Defects: |
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If upon delivery the customer sees obvious damage to the packaging he should get a confirmation for the damage in writing from the delivery company and should inform us of this. Should the delivery company not agree to this we recommend to decline the acceptance and to inform The Feisty Cat Store of this. Additionally we recommend to take a photograph of the damage to the packaging.
On apparent shipping damages to the ordered goods we have to be notified within a time frame of two weeks after delivery of the goods. This time period is kept by sending the complaint in the time frame of two weeks. The complaint has to be sent in writing (via e-mail, letter etc.). On apparent deficiencies of the ordered goods we have to be notified in a time frame of two weeks after delivery of the goods. This time period is kept by sending the complain in the time frame of two weeks. The complaint has be sent in writing (via e-mail, letter, telefax, etc.).
The complaint is to be sent to:
Conny Neubert The Feisty Cat Store Rigaerstr. 33 10247 Berlin For customers (businesses) the stricter regulations of the Handelsgesetzbuch (German Trade Regulation Law), especially § 377 HGB apply.
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| 9. Liability |
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The Feisty Cat Store is absolutely liable for deliberate or wantonly negligent damages, for fraudulent concealment, upon acceptance of warranting properties or for bodily harm.
The terms of the Produkthaftungsgesetz (German Product Liability Law) remain untouched.
For any other damage caused by simple carelessness The Feisty Cat Store is only liable if an obligation has been violated who's abidance is of special meaning to the fulfillment of the purpose of the contract (cardinal obligation) and if the damage is typical and foreseeable according to the contractual usage of the goods. Any additional compensation for loss suffered especially for damages that have not occurred on the delivered goods, for lost profit or other financial loss is excluded. As far as liability is excluded or restricted by The Feisty Cat Store the same applies to personal liability of factor, servants and assignees.
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10. Reservation of Proprietary Rights:
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Until the complete payment of the purchase price the ownership of the delivered goods is retained by The Feisty Cat Store.
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11. Jurisdiction, Place of Delivery and Applicable Law:
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For customers (businesses) the jurisdiction of Brackenheim, Germany is applicable. For end customers (consumers) the legal regulations apply. All disputes in this legal agreement are resolved under the law of the Federal Republic of Germany. The application of the UN-shopping law is exempted. This also applies to deliveries to abroad.
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| Copyright Notice |
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All rights reserved. The design and content of this website including all texts, translations, images etc. are protected by copyright. This also applies for excerpts. All rights, also those of translations, of reprints or publishing, the design, the content, or parts of it are reserved. Without written consent the content of this page may not be copied, reproduced or by usage of electronic system be processed, duplicated or distributed. The texts, images, graphics, files etc. are protected by copyright if no other indications are given. The passing on, modification, commercial use or usage on other websites, in print media or other media is not permitted. The infringement against our copyrights will be prosecuted to the fullest extend of the law.
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Berlin, Germany, 19.11.2008
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