shall apply to the sale of goods by the My Intelligent Pets® webshop
1.) Contracting Parties and Scope of Application:
Your Contracting Party is
My Intelligent Pets LLC®
Cert. of Formation: 0450246594
221 Berkley Rd C15
Paulsboro, New Jersey 08066-0806
European Online Dispute Resolution ("OS-Platform")
The General Terms and Conditions shall apply to conclusion of distance selling contracts between My Intelligent Pets® and its Customers in the version applicable at the time the contract was concluded. Distance selling contracts are those concluded online over the internet.
By placing an order the Customer acknowledges the General Terms and Conditions and becomes bound by them. Before submitting His/Her order the Customer has to declare His/Her acceptance of these Terms and Conditions by checking the "I have read the General Terms and Conditions and I accept them unconditionally" checkbox.
2.) Conclusion of the Contract / Correction Possibility:
The Customer's order is a binding offer. A contract will become effective after We accept the Customer's order, at the latest, however, when the ordered products are dispatched.
An order can only be placed if the Customer has filled all the obligatory fields (marked with a *) of the online order form available on Our website www.myintelligentPets.com. If there is missing information or if we are not able to fulfil the order for other reasons, the Customer will receive an error message.
As soon as the order has been completed, the Customer will be notified as follows: „Your order has been successfully registered and will be dispatched as soon as we receive Your payment“. The Customer will receive an order confirmation via e-mail, traditional mail or fax with details about products, prices, terms of delivery and terms of payment after the order has been accepted by My Intelligent Pets® and when the ordered goods have been dispatched.
Provided content of services can be changed at any time by My Intelligent Pets®.
3.) Contract Language:
The contract language and the language of any communication in the My Intelligent Pets® online shop is English.
4.) Rejection of Order:
If we are not able to complete the order for any reason, the Customer will be notified about it via e-mail.
5.) Minimum Order Value:
The minimum order value per order is 10,00 $ excluding value-added tax.
6.) Display of Prices:
Our prices shall be understood exclusive shipping costs. The prices valid at the moment of order placement shall apply. The prices are quoted in US$ for United States and Canada or in EURO (€) for all other countries. Shipping costs for orders are calculated according the country for delivery and are listed to customer before customer’s final acceptance of the order.. All other countries: please ask us for shipping costs beforehand. All export or import duties that might arise during shipment will be borne by the Buyer.
Customers from countries outside the EU do not pay purchase tax, however they have to bear the respective national import duties. Entrepreneurs within the EU do not pay Austrian purchase tax provided they present their VAT identification number; the purchase tax shall be paid by the entrepreneur in his home country.
7.) Delivery / Delivery Period
To all countries in the European Union (EU) we deliver usually within 7 working days after receiving Your order, but in any case the delivery will take no longer than 30 days from the order date. When You are ordering from outside the EU please ask us for shipping costs and terms of delivery. Delivery depends on stock availability. Stock items are subject to prior sale.
If one or more items are not available, making the order impossible to be accepted by My Intelligent Pets®, we will inform the Customer about it immediately.
Deliveries are made subject to proper and timely delivery from our own suppliers. We shall not be liable for delivery obstacles caused by suppliers and manufacturers.
We reserve the right to determine the means of shipment and the shipment route.
The order is sent to the Customer address given in the order form. If incorrect or incomplete information is given, all costs resulting from it shall be borne by the Customer.
8.) Right of Withdrawal:
Customers who are consumers in the sense of Austrian Consumer Protection Act or similar consumer law applicable in their respective countries of residence are entitled to withdraw from a distance selling contract (or from a contractual declaration made in connection with distance selling) within a period of 14 working days starting with the receipt of the ordered goods.
The right of withdrawal can be executed without giving any reasons by sending a declaration of withdrawal within the withdrawal period.
Declaration of withdrawal is to be sent to: firstname.lastname@example.org
In the case of a valid withdrawal a refund of the purchase price shall take place only if the Customer returns the delivered goods.
To exercise the right of withdrawal, the Customer has to return the delivered goods to the following address:
My Intelligent Pets LLC®
Cert. of Formation: 0450246594
221 Berkley Rd C15
Paulsboro, New Jersey 08066-0806
Goods must be returned unused and in a resalable 'as new' condition. If the products are impaired by signs of use, that arose through an improper use, we shall charge an appropriate compensation for the loss in value. The same applies if the returned products lack accessories or parts.
The right of withdrawal shall not apply to goods that were produced according to the Customer specifications or clearly tailored to His/Her personal needs.
9.) Right to Return
9.1) All goods, except custom-made products, can be returned within 14 days of receipt of good. The right of withdrawal can be executed without giving any reasons by sending a declaration of withdrawal within the withdrawal period. Declaration of withdrawal is to be sent to: email@example.com.
9.2.) Return Costs:
Costs of the return shall be borne by the Customer (exception in the sense of the Consumer Protection Act or the consumer law of their respective country of residence). If the products are sent freight collect, We are entitled to withhold or charge an appropriate amount.
10.) Customer Service / Warranty:
The warranty is carried out in accordance with legal regulations. The Customer has the right to demand rescission or reduction in price, if We fail to remedy a justified and recognized defect within a reasonable period of time.
Our user instructions contain information that should protect our Customers against dangers and damages.
For damages and defects resulting from deliberate or negligent failure to follow our user instructions and/or arising from improper usage, handling and storage, negligent or deficient care and maintenance, overuse or improper repair, We assume no liability.
My Intelligent Pets® shall not be liable for slightly negligent breaches of duty, as far as no significant contractual obligations are involved, no injuries to life, body or health occurred and as long as no warranties and no claims based on the Product Liability Act are affected. The same shall apply to breaches of duty made by a our vicarious agents.
12.) Place of Fulfilment:
Place of fulfilment for all services from the contract is the registered office of My Intelligent Pets® in 221 Berkley Rd C15, Paulsboro, New Jersey.
13.) Payment Options
Our customers can pay either by PayPal or a bank transfer.
14.) Transport Costs:
Our selling prices do not include costs for delivery. The selling prices do not include the flat-rate for shipping, which is based on the destination country and which will be seen during ordering in the "Shopping cart".
15.) Default in Acceptance:
If the order returns to the Seller as a result of the Customer's default in acceptance, the Customer will be borne with additional costs.
16.) Data Processing and Data Protection:
Below You will find detailed information on how Your personal data is being handled.
16.1.) You can visit our site without providing Your personal details.
16.2.) By implementing technical and organisational measures We protect our website and other systems against loss, damage, access, alteration or circulation of Your data by unauthorised people. Your customer account may only be accessed once Your personal password has been entered. You should always keep Your access information confidential and close the browser window when you have finished communicating with Us, especially when You use the computer with other people..
16.3.) My Intelligent Pets® guarantees that it will gather, process, store and use customer data received through orders only in connection with order processing as well as for internal market research and for own marketing purposes. My Intelligent Pets® will give customer data only to companies involved in the order processing. If the Customer decides to withdraw His/Her permission for the use of His/Her data for internal purposes of My Intelligent Pets®, He/She can do it by sending an e-mail to firstname.lastname@example.org.
16.4.) Personal data is only collected if You voluntarily give this data to Us in connection with products ordering or when You open a customer account.
16.5.) My Intelligent Pets® shall not exploit or pass on personal data of the Customers if it exceeds the scope stipulated above
16.6.) If You subscribe for our newsletter, Your e-mail-address will be used for our own advertising purposes, until You unsubscribe from the newsletter. You can unsubscribe at any time.
16.7.) You are entitled to free information about Your stored data as well as, where applicable, You have the right to correction, blockage or deletion of these data.
16.8.) For questions concerning the collection, processing or use of Your personal data, for information requests, correction, blockage or deletion of data as well as for withdrawal of given consents please contact Us directly by e-mail: email@example.com
16.11.) After complete execution of the contract and full payment of the purchase price, Your data will be blocked for further use and deleted after tax and commercial periods of retention are expired, unless You have explicitly consented to the further use of Your data.
Pictures of products shown in printed works and displayed on the My Intelligent Pets® website may differ from original products. Also, minor deviations from specifications regarding dimensions, weights, colours and quantities may occur.
18.1.) My Intelligent Pets® shall not be responsible for printing and typesetting errors in advertising material and for data errors in the web shop.
18.2.) There are links on My Intelligent Pets® pages which refer to other pages on the Internet. For all these links following applies: My Intelligent Pets® explicitly declares that it has no influence on design and content of the linked pages. Therefore, My Intelligent Pets® hereby distances itself explicitly from contents of all third-party websites linked on www.myintelligentPets.com and does not adopt their contents as its own. This applies to all shown links and to contents of pages that can be accessed by those links.
18.3.) My Intelligent Pets® or its partners hold the copyright to all images and texts (in electronic and printed publications), as well as to sound files and video sequences. The use without an explicit permission is prohibited.
18.4.) These General Terms and Conditions apply to all Consumers, unless there are other Consumer Protection Laws or similar regulations applicable in their respective countries of residence.
My Intelligent Pets® 24. April 2018