Terms of service

General terms and conditions with customer information

Scope of application
Conclusion of contract
Right of cancellation
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital content
Retention of title
Liability for defects (warranty)
Liability
Special conditions for repair services
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Code of Conduct
Alternative dispute resolution

1) Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") of the company petit cochon Manufaktur GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulﬁl their functions without them.
These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise

These GTC apply accordingly to contracts for the provision of digital content, unless otherwise Digital content within the meaning of these GTC is data that is created and provided in digital form.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2) Conclusion of contract

The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the
The customer can submit the offer via the online order form integrated into the seller's online After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or via the online contact form.
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 e-mail), whereby the receipt of the order conﬁrmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs ﬁrst. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the ﬁfth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

If a payment method offered by PayPal is selected, payment shall be processed via 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 , or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
Before submitting a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magniﬁcation function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that ﬁnalises the ordering process.
Different languages are available for the conclusion of the The speciﬁc language selection is displayed in the online shop.

Order processing and contact are generally carried out by e-mail and automated order The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM ﬁlters, the customer must ensure that all e- mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of cancellation

Consumers are generally entitled to a right of
Further information on the right of cancellation can be found in the seller's cancellation

4) Prices and terms of payment

Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory Any additional delivery and shipping costs will be indicated separately in the respective product description.
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to 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.

The payment option(s) will be communicated to the customer in the seller's online
If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due
If a payment method offered via the "PayPal" payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and speciﬁcally named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes.

5) Delivery and dispatch conditions

If the seller offers to dispatch the goods, delivery shall be made within the delivery area speciﬁed by the seller to the delivery address speciﬁed by the customer, unless otherwise agreed. The delivery address speciﬁed in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
If the 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 This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a speciﬁc covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without
If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours speciﬁed by the seller at the address speciﬁed by the In this case, no shipping costs will be charged.
Vouchers are provided to the customer as follows:
- by e-mail
- by post
Digital content is provided to the customer as follows:

- per download

6) Granting of rights of use for digital content

Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive right to use the content provided for private purposes only, without restriction in terms of location or time.
The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has consented to the transfer of the contractual licence to the third party.
Insofar as the contract relates to the one-off 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 authorise the use of the contractual content even before this point in time. Such provisional authorisation does not constitute a transfer of rights.

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent fulﬁlment;
- the limitation period for defects in new goods is one year from delivery of the goods;

rights and claims due to defects are excluded for used goods;
the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this was expressly and separately contractually agreed between the parties and the customer was speciﬁcally informed of the shortening of the limitation period before submitting his contractual
The aforementioned limitations of liability and shortening of time limits shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulﬁl the notiﬁcation obligations regulated therein, the goods shall be deemed approved.
If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation for any legal reason

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

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

9.3 Any further liability of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

Repair services shall be provided at the seller's registered
The Seller shall provide its services at its own discretion either in person or through qualiﬁed personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a speciﬁc person to perform the desired service.
The Customer shall provide the Seller with all information necessary for the repair of the item, unless the procurement of such information is not within the Seller's scope of duties according to the content of the In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.
Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. 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.
The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the goods.
The Customer may also bring the item to be repaired to the Seller's place of business and collect it from the Seller if this is stated in the Seller's service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risks for the dispatch and return of the item shall apply accordingly.

The aforementioned provisions do not limit the customer's statutory rights in the event of defects in the case of the purchase of goods from the seller.
The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

11) Redemption of promotional vouchers

Vouchers that are issued free of charge by the seller as part of promotions with a speciﬁc period of validity and that 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.
Promotional vouchers can only be redeemed by
Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional
Promotional vouchers can only be redeemed before completing the order. Subsequent offsetting is not possible.

Only one promotional voucher can be redeemed per
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the
The balance of a promotional voucher is neither paid out in cash nor does it bear
The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.
The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.

12) Redemption of gift vouchers

Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
Gift vouchers can only be redeemed before the order process is complete. Subsequent offsetting is not possible.

Several gift vouchers can be redeemed with one order.
Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
The balance of a gift voucher is neither paid out in cash nor does it bear
The gift voucher is transferable. The seller can make payment with discharging effect 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 grossly negligent ignorance of the non- authorisation, legal incapacity or lack of power of representation of the respective

13) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. 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 activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

16) Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.