Terms and Conditions

Terms and Conditions

1. Scope

The following terms and conditions apply to all contracts concluded between Ohhmydog! (hereinafter referred to as the "Seller") and consumers or entrepreneurs (hereinafter referred to as the "Buyer") via the website https://www.noelanii.com regarding the goods presented by the Seller, in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. 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 independent professional activity.

These terms and conditions also apply to all current and future contracts, deliveries, and other services of the Seller to entrepreneurs, even without explicit inclusion.

Contrary or deviating conditions of the entrepreneur are hereby rejected, unless the Seller expressly agrees to their validity in writing.

2. Conclusion of Contract

2.1 The essential characteristics of the goods offered by the Seller and the validity period of limited offers are outlined in the product descriptions on https://www.noelanii.com.

2.2 The presentation of products in the online store does not constitute a legally binding offer but rather an invitation to place an order.

2.3 By clicking the [Buy/Place Order] button, you submit a binding order for the goods listed on the order page. Your purchase contract is concluded when we confirm your order by email immediately after receiving your order.

2.4 The Seller may accept the Buyer’s offer within five days by:

  • Sending the Buyer a written or email confirmation of the order, in which case the receipt of the order confirmation by the Buyer is decisive;
  • Delivering the ordered goods, with the receipt of the goods by the Buyer being decisive; or
  • Requesting payment from the Buyer after they have submitted the order.

If several of the above alternatives apply, the contract is concluded at the time when the first alternative occurs. The period for accepting the offer begins the day after the offer is sent by the Buyer and ends on the fifth day following the submission. If the Seller does not accept the offer within this period, the offer is considered rejected, and the Buyer is no longer bound by their order.

2.5 When an offer is made through the Seller’s online order form, the contract text is stored by the Seller and sent to the Buyer in text form (e.g., email, fax, or letter) after the order is placed. There is no further access to the contract text from the Seller beyond this.

2.6 Before submitting the binding order, the Buyer can correct potential input errors by carefully reviewing the information displayed on the screen. An effective technical method for recognizing input errors is the enlargement function of the browser, which enlarges the display on the screen. The Buyer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until the final button is clicked to complete the order.

2.7 The order processing and communication are generally carried out via email and automated order processing. The Buyer must ensure that the email address provided for the order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Buyer must ensure that emails sent by the Seller or third parties involved in the order processing are not blocked by spam filters.

2.8 Steps of the Ordering Process
When ordering through the Seller’s online store, the order process involves the following steps:

  1. The Buyer selects the desired product by clicking the "Add to Cart" button.
  2. The Buyer is shown the products in the shopping cart. Products can be removed by clicking the "Remove" button. The quantity of the selected products can be changed by clicking the "+" and "-" buttons.
  3. To complete the order, the Buyer must confirm the Seller’s terms and conditions and acknowledge the cancellation policy by checking the appropriate boxes.
  4. By clicking the "Proceed to Checkout" button, the Buyer proceeds to the next step, "Customer Information."
  5. After entering their name, address, billing information, and delivery address (if different), the Buyer clicks "Continue to Shipping" to proceed to the next step.
  6. The Buyer selects the available shipping method (only standard shipping is offered).
  7. After selecting a payment method (credit card, PayPal, Sofort, Klarna invoice, or Klarna installment purchase), the Buyer clicks "Review Order."
  8. The order summary allows the Buyer to review their information and selected items.
  9. By clicking the "Place Order" button, the Buyer completes the order.

2.9 Cancellations are not possible after the order has been submitted. However, the Buyer retains the right to cancel the contract under the withdrawal policy.

3. Contract Language

The contract language is exclusively German.

4. Storage of the Contract Text

The contract text is stored by the Seller and made available to the Buyer before placing the order and again after the order is completed via email. The Buyer can also view and download the terms and conditions at any time on this page. Past orders can be viewed in the Buyer’s customer account.

5. Right of Withdrawal

5.1 If you are a consumer (i.e., a natural person making the purchase for purposes not attributable to your commercial or independent professional activity), you have the right to withdraw from the contract under statutory provisions.

5.2 If you exercise your right of withdrawal, you must bear the regular return shipping costs. A fee of 3% of the order total (minimum €1.45) will be charged to cover product repackaging for resale. This amount will be deducted from the refunded purchase price.

5.3 Returns and Refunds for Bundle Offers:
If you return an item from a bundle offer, please note that the discount applied to the entire bundle will become invalid. The regular price will be charged for the items you keep, and the refund for the returned items will be adjusted accordingly. This ensures that the benefits of the bundle offer only apply if the entire bundle is kept.

5.4 All items must be returned in their original packaging with all instructions. Returns without original packaging or missing components will not be accepted.

5.5 If the return does not meet our criteria, as outlined in our policies, the items will be sent back to you at your expense.

6. Prices and Payment Methods

6.1 Prices include applicable VAT and any additional shipping costs will be listed separately.

6.2 The following payment methods are available:

  • Credit Card: The amount will be reserved at the time of order and charged when the goods are shipped.

  • PayPal: You will be redirected to the PayPal website to complete the payment. Your PayPal account will be charged immediately upon confirmation of the order.

  • Klarna Invoice and Installment Purchase: With Klarna, you can either pay the full amount later or split the payment into installments. Klarna’s terms and conditions apply. You will be redirected to Klarna during checkout to complete the payment process.

7. Delivery and Shipping Conditions

7.1 Unless otherwise agreed, the goods will be delivered to the address provided by the Buyer during the order process.

7.2 Delivery costs and times are specified on the "Shipping Costs" page and in the product description.

7.3 Any customs duties or local taxes incurred must be borne by the Buyer.

8. Retention of Ownership

The goods remain the property of the Seller until full payment has been made.

9. Warranty and Liability Disclaimer

9.1 Limitation of Warranty: The warranty does not cover damage caused by improper use or handling of the product. Improper use includes, but is not limited to, incorrect operation, overloading, unintended use, or failure to follow care and maintenance instructions.

9.2 Customer Responsibility: The Buyer must follow all instructions for the proper use and maintenance of the product, as provided in the product manual and on our website. By using the product, the Buyer agrees to comply with these terms.

9.3 Consequences of Improper Use: If the product is damaged due to improper use, the Buyer is not entitled to free repairs, replacement, or refunds under the warranty. In such cases, the Buyer may order a repair or replacement at their own expense.

9.4 Liability Exclusion: We are not liable for any direct or indirect damage resulting from improper use, including damage to the product, other items, or personal injury.

10. Accuracy of Customer Information

10.1 The Buyer is responsible for providing correct and complete information, including delivery addresses and contact details, during the order process.

10.2 If the provided information is incorrect or incomplete, the Buyer is solely responsible for any issues with delivery.

11. Consequences of Incorrect Delivery Data

11.1 If a delivery cannot be made due to incorrect delivery data provided by the Buyer, the Buyer must bear the costs for the return and any subsequent delivery attempts.

11.2 The Seller is not liable for delays or lost shipments resulting from incorrect address information.

11.3 If the goods are lost due to incorrect address information and cannot be returned, the Buyer remains liable for the full purchase price.

12. Review of Information

The Buyer is encouraged to carefully review their information before completing the order. The Seller provides tools to assist the Buyer in identifying and correcting input errors.

13. Transport Damage

If goods are delivered with obvious damage, the Buyer should immediately report the damage to the carrier and notify the Seller. Failure to report transport damage has no effect on the statutory warranty rights.

14. Liability

The Seller's liability for minor negligence is excluded unless it involves damages resulting from injury to life, body, or health or guarantees, or claims under the Product Liability Act. The liability for essential contractual obligations remains unaffected. The same applies to breaches of duty by the Seller’s legal representatives or agents.

15. Information on Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), accessible at:
http://ec.europa.eu/consumers/odr

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

16. Code of Conduct

The Seller is not subject to any special codes of conduct.

17. Customer Service

The Seller offers no additional customer service beyond the handling of statutory warranty claims.

18. Final Provisions

18.1 If any provision of these terms and conditions is invalid, the remainder of the contract remains valid. The invalid provision will be replaced by the relevant statutory provision.

18.2 If the Buyer is an entrepreneur, German law applies to the exclusion of the UN Sales Convention.

18.3 If the Buyer is a merchant under the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes is the Seller’s registered office.

19. Money-Back Guarantee

Claims that do not meet the specified criteria will not be eligible for a refund. For any money-back guarantee, the Buyer is responsible for insured return shipping and any shipping costs incurred by the Seller.

20. Influencer Program

By registering for our influencer program, the participant agrees to a collaboration involving product placement on Instagram, consisting of:

  • Two Instagram stories (five sequences each).
  • One Instagram feed post.

The collaboration must be completed within 21 days of receiving the product.

Failure to meet these obligations entitles Ohhmydog! to invoice the full price of the product to the participant.

21. Final Provisions

21.1 If any provision of these terms and conditions is invalid, the remainder of the contract remains effective. In place of the invalid provision, the relevant statutory provision will apply.

21.2 If the Buyer is an entrepreneur, German law applies to the exclusion of the UN Sales Convention.

If the Buyer is a merchant under the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships is the Seller's registered office.