Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights of Use for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Special Conditions for Repair Services
11. Redemption of Promotional Vouchers
12. Redemption of Gift Vouchers
13. Applicable Law
14. Place of Jurisdiction
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of petit cochon Manufaktur GmbH (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 These General Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements unless otherwise stipulated in this respect. In such cases, in addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter “digital products”) that are incorporated into or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated in this respect.

1.4 These General Terms and Conditions apply accordingly to contracts for the provision of digital content unless otherwise stipulated in this respect. For the purposes of these General Terms and Conditions, digital content means data that is created and provided in digital form.

1.5 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.6 For the purposes of these General Terms and Conditions, an entrepreneur 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 self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller; rather, they serve as an invitation for the customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by email or through the online contact form.

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, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed their 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 accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the day the offer was sent. If the seller does not accept the customer's offer within the aforementioned period, this constitutes 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 processing is carried out through 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/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected 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 ordering process.

2.5 When ordering via the seller’s online order form, the seller stores the contract text after the contract is concluded and sends it to the customer in text form (e.g. email, fax, or letter) after the customer submits the order. The seller does not provide access to the contract text beyond this. If the customer has created a user account in the seller’s online shop before submitting the order, the order data are archived on the seller’s website and can be accessed free of charge by the customer through their password-protected user account using the relevant login details.

2.6 Before submitting the order bindingly via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8 Order processing and communication generally take place by email and through 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 by 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, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs 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 that are beyond the seller’s control and must be borne by the customer. These include, for example, fees for the transfer of funds charged by credit institutions (e.g. transfer fees, currency conversion fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds 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 available payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 If the customer selects a payment method offered via the payment service “PayPal,” payment processing is carried out through PayPal, which may also use the services of third-party payment providers for this purpose. If the seller also offers payment methods through PayPal under which the seller makes advance payment to the customer (e.g. purchase on invoice or payment by installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the customer. Before accepting the seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may make payment with discharging effect only to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations and submissions of revocation, or credits.

4.5 If the customer selects a payment method offered via the payment service “Shopify Payments,” payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. Shopify may use additional payment services to process payments, for which separate payment terms may apply and about which the customer may be informed separately where applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de available.

5) Delivery and Shipping Terms

5.1 If the seller offers shipment of the goods, delivery shall be 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 specified during the seller's order process shall be decisive. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment shall be 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. With regard to the cost of delivery to the customer, this does not apply if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the seller's provision regarding return shipping costs set out in the withdrawal instructions shall apply.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment if the customer has commissioned that freight forwarder, carrier, or other person or institution to carry out the shipment and the seller had not previously named that person or institution to the customer.

5.4 If the customer acts as a consumer domiciled in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the seller is not responsible for the failure to deliver and has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- by email

5.7 Digital content is provided to the customer as follows:

- by download

6) Granting rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, unrestricted right in terms of territory and duration to use the provided content exclusively for private purposes.

6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to transfer the contractual license to the third party.

6.3 If the contract concerns the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally permit use of the contractual content before this time. Such provisional permission does not transfer the rights.

7) Retention of title

If the seller makes advance performance, they reserve title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided by 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:

8.1 If the customer acts as an entrepreneur,

• the seller has the right to choose the type of subsequent performance;
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• claims based on defects are excluded for used goods;
• the limitation period does not begin again if replacement delivery is made as part of liability for defects.

8.2 If the customer acts as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims based on defects is one year from delivery of the goods if this was expressly and separately agreed between the parties and the customer was specifically informed of the shortened limitation period before submitting their contractual declaration.

8.3 The above-regulated limitations of liability and reductions of time limits shall not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used for a structure in accordance with their customary manner of use and have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products that may exist, in the case of contracts for the supply of goods with digital elements.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are 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.

8.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, as follows:

9.1 The seller shall have unlimited liability on any legal basis

• in the event of intent or gross negligence,
• in the event of the intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise stipulated in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations that, according to the content of the contract, the contract imposes on the seller to achieve its purpose, the fulfillment of which makes the proper performance of the contract possible in the first place, and compliance with which the customer may regularly rely on. In all other respects, the seller's liability is excluded unless it has unlimited liability pursuant to the preceding clause.

9.3 The foregoing liability provisions shall also apply to the seller’s liability for its vicarious agents and legal representatives.

10) Special Conditions for Repair Services

If, under the terms of the contract, the seller is responsible for repairing an item belonging to the customer, the following shall apply:

10.1 Repair services shall be performed at the seller’s place of business.

10.2 The seller shall perform its services either personally or through qualified personnel selected by it, at its discretion. The seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the seller’s service description, the customer shall have no right to select a specific person to perform the requested service.

10.3 The customer shall provide the seller with all information necessary to repair the item, unless, under the terms of the contract, obtaining such information falls within the seller’s responsibilities. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the identified defect.

10.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller’s place of business at the customer’s own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. The seller further recommends that the customer ship the item in suitable transport packaging in order to reduce the risk of transport damage and conceal the contents of the package. The seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights it may have against the carrier.

10.5 The item shall be returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the seller’s place of business. At the customer’s request, the seller shall take out transport insurance for the item.

10.6 The customer may also deliver the item to be repaired to the seller’s place of business and collect it from there again if this follows from the seller’s service description or if the parties have reached a corresponding agreement. In this case, the above provisions on the allocation of costs and risk for shipping and return shipping of the item shall apply accordingly.

10.7 The above provisions do not restrict the customer’s statutory rights regarding defects in the event of purchasing goods from the seller.

10.8 The seller is liable for defects in the repair service provided in accordance with the statutory provisions governing liability for defects.

11) Redeeming Promotional Vouchers

11.1 Vouchers issued free of charge by the seller as part of promotions for a specified period of validity, which cannot be purchased by the customer (hereinafter “promotional vouchers”), can only be redeemed in the seller’s online shop and only during the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion if such a restriction follows from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.5 Only one promotional voucher may be redeemed per order.

11.6 If the promotional voucher entitles the holder to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

11.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

11.9 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

11.10 The promotional voucher is transferable. The seller may discharge its obligation by providing the service to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller is aware, or is grossly negligently unaware, that the respective holder is not authorized, lacks legal capacity, or lacks authority to represent the customer.

12) Redeeming Gift Vouchers

12.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

12.2 Gift vouchers and any remaining balances on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balances will be credited to the customer until the expiry date.

12.3 Gift vouchers may be redeemed only before the order process is completed. Subsequent offsetting is not possible.

12.4 Gift vouchers may be used only to purchase goods and not to purchase additional gift vouchers.

12.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

12.6 The balance of a gift voucher shall neither be paid out in cash nor accrue interest.

12.7 The gift voucher is transferable. The seller may discharge its obligation by performing to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge, or is grossly negligent in failing to have knowledge, that the respective holder is not entitled to use it, lacks legal capacity, or lacks authority to act as a representative.

13) Applicable Law

13.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

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

14) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. However, in the aforementioned cases, the seller shall in any event be entitled to bring an action before the court at the customer’s place of business.

15) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.