General Terms and Conditions (GTC) – Doghammer GmbH
1. Scope
1.1 These General Terms and Conditions, in the version valid at the time of the order, shall apply exclusively to all deliveries and services provided by Doghammer GmbH (hereinafter ‘Doghammer’) to customers (hereinafter ‘Customer’).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)). A business is any natural or legal person, or a partnership with legal capacity, which, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity (Section 14 of the German Civil Code (BGB)).
1.3 These General Terms and Conditions apply to orders placed via the Doghammer online shop at www.doghammer.de. For business customers, these General Terms and Conditions also apply to orders placed via the B2B shop, as well as to orders placed by email or telephone.
2. Contracting Party and Customer Service
2.1 The contract of sale is concluded with Doghammer GmbH, Innaustraße 21a, 83026 Rosenheim, Germany, registered in the Commercial Register of the Traunstein Local Court under HRB 24212 (hereinafter ‘Doghammer’)
2.2 You can contact Doghammer’s customer service team with any queries, complaints or claims at: Telephone: +49 8031 796 8736 Email: [email protected]
3. Deviating Terms and Conditions
3.1 Any deviating, conflicting or supplementary terms and conditions of the customer shall not form part of the contract unless Doghammer expressly agrees to their validity in writing.
4. Offer and conclusion of contract, ordering process
4.1 The presentation of products in Doghammer’s online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. Offers made by Doghammer to business customers are subject to change and non-binding, unless they are expressly designated as binding.
4.2 The customer may select products from Doghammer’s range and add them to a virtual shopping basket by clicking the ‘Add to basket’ button. The selected products may be amended or removed from the shopping basket at any time before the order process is completed.
4.3 Before submitting a binding order, the customer may view and correct their entries at any time. By clicking the ‘Place order’ button or a similarly unambiguous phrase, the customer submits a binding order for the goods contained in the shopping basket. In the case of orders placed by email or telephone, the customer’s order also constitutes a binding offer to enter into a contract.
4.4 The order can only be placed and submitted once the customer has accepted these General Terms and Conditions. Before the order is finalised, the customer is shown key information regarding the goods ordered, the prices, the delivery charges, the delivery times and the available payment methods.
4.5 Confirmation of receipt of the order is sent immediately via an automated email. This order confirmation does not yet constitute acceptance of the offer.
4.6 The contract is only concluded upon a separate declaration of acceptance (order confirmation) from Doghammer or upon dispatch of the goods.
4.7 The order confirmation shall be decisive as regards the content and scope of the contract. Any amendments, additions or ancillary agreements shall only be valid if expressly confirmed by Doghammer in writing.
4.8 The order confirmation contains these General Terms and Conditions as well as further information relevant to the contract. The order confirmation is stored by Doghammer and made available to the customer in writing.
5. Prices and Terms of Payment
5.1 All prices are quoted in euros. For consumers, prices include the applicable statutory value added tax. For businesses, prices are exclusive of the applicable statutory value added tax. Delivery charges, where applicable, are shown separately.
5.2 The applicable delivery charges are clearly communicated to the customer during the ordering process and in the order confirmation, and can be found on the Doghammer website (https://www.doghammer.de/versandkosten/). For deliveries outside the European Union, additional customs duties, taxes or charges may apply, which are to be borne by the customer.
5.3 The purchase price, including any delivery charges, is communicated to the customer before the order is finalised and is also stated in the order confirmation.
5.4 The customer may use the payment methods offered during the ordering process. These may include, in particular, PayPal, credit card, prepayment and, for business customers, purchase on account. The payment methods available in each case are displayed during the ordering process. Doghammer reserves the right to exclude individual payment methods in specific cases.
5.5 Unless otherwise agreed, the due date for payment of the purchase price is determined by the chosen payment method. For purchases on account, the payment term for business customers is 30 days from the invoice date, without deduction.
5.6 Doghammer reserves the right to make deliveries, in whole or in part, only against advance payment.
5.7 In the event of late payment, Doghammer is entitled to claim statutory interest on arrears as well as further statutory damages for late payment.
5.8 The customer may only set off claims if their claim is undisputed, has been acknowledged by Doghammer or has been established by a final and binding court judgement. In dealings with businesses, this applies mutatis mutandis to the assertion of rights of retention.
6. Delivery, dispatch and handover of the goods
6.1 Delivery shall be made to the delivery address specified by the customer. Deliveries shall be made exclusively to the countries of delivery offered by Doghammer at any given time.
6.2 The estimated delivery times are communicated to the customer in the online shop, in the quotation or in the order confirmation. Unless expressly agreed otherwise and confirmed in writing by Doghammer, delivery times are non-binding in relation to business customers.
6.3 The goods are handed over by delivery to the delivery address specified by the customer.
6.4 Partial deliveries are permitted, provided they are reasonable for the customer.
6.5 If a product ordered is not available at the time of the order, Doghammer shall inform the customer of this without delay. In this case, any payments already made shall be refunded immediately.
6.6 Doghammer bears the risk of dispatch for goods ordered, provided the customer is a consumer. If the customer is a business, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover of the goods to the transport company.
6.7 Force majeure or other unforeseeable events for which Doghammer is not responsible, in particular supply bottlenecks, strikes, official measures or transport disruptions, entitle Doghammer to extend delivery times by the duration of the hindrance plus a reasonable start-up period.
6.8 If a delay in delivery due to an event referred to in clause
6.7, both the customer and Doghammer shall be entitled to withdraw from the contract in respect of the part not yet fulfilled. Any payments already made shall be refunded without delay.
7. Retention of title
7.1 The goods delivered remain the property of Doghammer until the purchase price has been paid in full.
7.2 In dealings with businesses, the goods delivered remain the property of Doghammer until all claims arising from the ongoing business relationship have been paid in full.
8. Statutory Warranty, Liability
8.1 Statutory warranty rights apply to consumers.
8.2 For businesses, the statutory warranty rights apply, provided that the warranty period is twelve (12) months from the date of delivery of the goods.
8.3 Traders are obliged to inspect the goods immediately upon receipt. Obvious defects must be reported in writing within seven (7) days of receipt of the goods. Hidden defects must be reported in writing immediately upon their discovery. In all other respects, the statutory provisions apply, in particular Section 377 of the German Commercial Code (HGB).
8.4 In the event of justified defects, Doghammer shall, at its discretion, provide commercial customers with subsequent performance by either rectifying the defect or supplying a replacement.
8.5 No warranty claims shall arise for damage occurring after the transfer of risk as a result of improper use, lack of care, normal wear and tear, or properties and changes typical of the materials used.
8.6 Product images are for illustrative purposes only. Minor and commercially acceptable variations in colour, texture or material properties, particularly in the case of natural materials, may occur and do not constitute a defect, provided they do not impair the agreed quality or fitness for purpose of the goods.
8.7 An additional guarantee shall only apply if this has been expressly provided for the respective product and specified by Doghammer in the order confirmation or product description.
8.8 Doghammer shall be liable without limitation for damage resulting from injury to life, limb or health, as well as for damage caused by wilful misconduct or gross negligence on the part of Doghammer, its legal representatives or vicarious agents.
8.9 In the event of a breach of essential contractual obligations due to simple negligence, Doghammer shall only be liable for foreseeable damage typical of the contract. Essential contractual obligations are those obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may reasonably rely.
8.10 Any further liability on the part of Doghammer is excluded to the extent permitted by law. 8.11 The above limitations of liability also apply in favour of Doghammer’s legal representatives, employees and vicarious agents.
8.12 The provisions of the Product Liability Act remain unaffected.
9. Right of withdrawal for consumers
9.1 Right of withdrawal Consumers are generally entitled to a statutory right of withdrawal upon conclusion of a distance contract. Consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason.
9.2 Withdrawal period The withdrawal period is fourteen (14) days from the day on which the consumer, or a third party designated by them (other than the carrier), took possession of the goods.
9.3 Exercising the Right of Withdrawal To exercise the right of withdrawal, the consumer must inform Doghammer of their decision to withdraw from this contract by means of a clear statement (e.g. by letter or email). The notice of withdrawal must be sent to: Doghammer GmbH Innaustraße 2a 83026 Rosenheim Germany Email: [email protected] Telephone: +49 8031 796 8736 To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period expires. Consequences of withdrawal
9.4 Returning the goods The consumer must return or hand over the goods to Doghammer without undue delay and, in any event, no later than fourteen (14) days from the day on which they notified Doghammer of the withdrawal from this contract. The deadline is met if the consumer posts the goods before the expiry of the fourteen (14)-day period.
9.5 Costs of returning the goods The consumer shall bear the direct costs of returning the goods. For returns from Germany, Doghammer will provide the consumer with a returns label. In the event of a withdrawal or a return, a flat-rate fee of €5.00 will be deducted from the refund amount to cover processing and return costs. This does not apply to exchanges; in such cases, the consumer will not be charged any additional processing or return costs. For returns from countries outside Germany, the consumer shall bear the full cost of the return themselves. In such cases, the consumer is responsible for organising the return and obtaining a suitable return label. Shipping costs for the return will not be refunded.
9.6 Refund following withdrawal If the consumer withdraws from this contract, Doghammer shall refund all payments received from the consumer, including the costs of standard delivery, without delay and at the latest within fourteen (14) days from the day on which Doghammer received notification of the withdrawal from this contract. Doghammer will use the same payment method for this refund as the consumer used for the original transaction, unless expressly agreed otherwise with the consumer. Under no circumstances will the consumer be charged any fees in connection with this refund. Doghammer may withhold the refund until Doghammer has received the goods back or until the consumer has provided evidence that they have returned the goods, whichever occurs first.
9.7 Compensation for loss of value The consumer shall only be liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.
9.8 Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
9.9 Model withdrawal form The statutory model withdrawal form is made available to the consumer as part of the order processing procedure.
10. Liability for personalised products
10.1 If the customer provides Doghammer with their own content, templates, logos, designs, image files, texts or other materials for the customisation of products, the customer is solely responsible for their legal admissibility.
10.2 In particular, the customer warrants that the use of the materials provided does not infringe any third-party rights, in particular copyright, trade mark, design, name or personality rights.
10.3 The customer shall indemnify Doghammer, upon first request, against all claims by third parties asserted against Doghammer arising from the use of the materials provided by the customer. This indemnity shall also cover the reasonable costs of legal defence.
10.4 Doghammer is under no obligation to check the content or materials provided by the customer for their legal admissibility or for any infringement of third-party rights.
11. Assignment
11.1 The assignment of claims to which the Customer, as a trader within the meaning of Section 14 of the German Civil Code (BGB), is entitled against Doghammer arising from the business relationship is excluded.
12. Data Protection
12.1 Doghammer processes the Customer’s personal data exclusively in accordance with the applicable data protection regulations.
12.2 Further information on the processing of personal data, the legal basis for such processing and the rights of data subjects is available in Doghammer’s Privacy Policy.
13. Governing Law
13.1 All legal relationships between Doghammer and the customer shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 In relation to consumers, this choice of law shall apply only to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer has their habitual residence.
14. Jurisdiction
14.1 If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a trader, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Nuremberg.
15. Final Provisions
15.1 The German language shall be used for the conclusion of the contract and for all communication relating to the contractual relationship.
15.2 Any amendments, additions or ancillary agreements to contracts with Doghammer shall only be valid if expressly confirmed by Doghammer in writing.
15.3 Should any individual provisions of these General Terms and Conditions be or become wholly or partially invalid, impracticable or unenforceable, the validity of the remaining provisions shall remain unaffected.
15.4 The invalid, impracticable or unenforceable provision shall be replaced by the legally permissible provision that most closely approximates the economic purpose of the provision in question. The same applies to any omissions in the provisions.
15.5 These General Terms and Conditions shall apply in the version valid at the time of the order.
Date: August 2026