Terms & Conditions

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Part 1. Provider and Scope

Section 1 - Provider

Section 2 - Scope

These Terms & Conditions apply to all contracts between the Provider and customers for the dog training services offered on our website or linked payment pages. The version of these Terms & Conditions published at the time of entering into the contract shall prevail.

Section 3 - Definitions

A Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

A Trader 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.

Section 5 - Deviating Terms

Any deviating terms and conditions of the customer shall not form part of the contract. This shall only apply otherwise if we expressly agree to their applicability in writing.

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Part 2. Subject Matter and Formation of Contract

Section 6 - Subject Matter

Section 7 - Formation of Contract

1. The presentation of our services constitutes a non-binding invitation to place an order.
2. The customer completes the dog quiz, selects their preferred plan, and submits a binding order by clicking "Get My Plan Now".
3. Payment is processed via the payment service provider Stripe. The contract is formed upon successful receipt of payment.
4. The contract terms are stored. The contractual provisions, including these Terms & Conditions, are sent to the customer via email.

Section 8 - Corrections and Technical Requirements

Prior to submitting the order, the customer may review and amend their entries at any time. The following are required for the formation of the contract and delivery of services: a valid email address, the ability to receive and open PDF files, internet access, and a payment method accepted by Stripe. The customer shall ensure that emails from the Provider are not blocked by spam filters.

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Part 3. Prices, Payment, Delivery, Withdrawal

Section 9 - Prices and Payment

1. The final prices displayed at the time of ordering shall apply, inclusive of any applicable VAT.
2. Payment is processed exclusively via Stripe. Payment data is securely processed on Stripe's systems.
3. The purchase price is due immediately. Delivery of services shall only commence upon successful receipt of payment.
4. In the event of a failed payment or an unauthorised chargeback, we reserve the right to withhold the service and to charge any additional costs incurred.
5. This is a one-off payment. There is no subscription and no recurring charges.

Section 10 - Delivery and Performance

1. Delivery is exclusively digital via email. The customer receives their personalised training plan by email.
2. Delivery within 24 hours of receipt of payment on business days.
3. The service is deemed to have been fully performed upon dispatch to the email address provided. The Provider shall document the dispatch by technical means.
4. In the event of non-delivery, the customer should check their spam folder and filter settings and contact support. In the case of proven non-delivery, we shall send the plan again.

Section 11 - Right of Withdrawal and Money-back Guarantee

Cancellation Notice for Consumers

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Part 4. Intellectual Property and Usage Rights

Section 12 - Intellectual Property

1. All content created as part of the training plan, including exercises, instructions and recommendations, remains the intellectual property of the Provider.
2. The customer is granted a simple, non-exclusive, non-transferable licence to use their personalised training plan for private purposes only.
3. The following are not permitted: commercial use, resale, making publicly available, uploading to platforms, and claiming authorship.
4. Where quiz responses are similar, similar recommendations may be generated. Absolute uniqueness is not guaranteed.

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Part 5. Obligations, Liability, Data Protection

Section 13 - Customer Obligations

The customer shall provide truthful information in the quiz, keep their email address up to date, use the content responsibly and exclusively for private purposes, and shall not make abusive use of the money-back guarantee.

Section 14 - Liability

1. Unlimited liability: We accept unlimited liability in cases of intent, gross negligence, injury to life, body or health, and where a guarantee has been given.
2. Limited liability: In cases of simple negligence, we are only liable for breach of material contractual obligations (cardinal obligations), limited to the typically foreseeable damage.
3. Excluded: Liability for disruptions caused by payment service providers, email providers or force majeure.
4. Limitation period: Claims for damages shall be time-barred after one year, except in cases of intent.

Section 15 - Data Protection

1. Personal data is processed in accordance with the UK GDPR and the Data Protection Act 2018. Details can be found in our Privacy Policy.
2. Data processed includes quiz responses, dog data, transaction data and technical usage data.
3. We use analytics and marketing tools (Meta Pixel, Google Ads, Microsoft Clarity) only with the customer's express consent.
4. The customer has comprehensive data subject rights under the UK GDPR.
5. Data protection contact: support@bark-plan.com

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Part 6. Dispute Resolution and Final Provisions

Section 16 - Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. We prefer to resolve matters directly through our customer service.

Section 17 - Governing Law and Amendments

The laws of the Federal Republic of Germany shall apply, without prejudice to any mandatory consumer protection provisions of the country in which you are habitually resident. The contractual language is English. Amendments to these Terms & Conditions shall be notified by email. For contracts already concluded, the Terms & Conditions applicable at the time the contract was entered into shall prevail.

Section 18 - Severability

Should any provision of these Terms & Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The customer may not assign rights or obligations under this contract without our consent.