Terms and Conditions
current status as of November 2021
- General Principles
1.1. For all legal transactions between the client and contractor Rosemary Riggs (hereinafter referred to as Rosee Riggs), these Terms and Conditions (in short: T&Cs) apply exclusively. In each case, the version valid at the time of the finalisation of the contract is authoritative. Rosee Riggs finalises contracts in principle only on the basis of the following conditions. The client expressly acknowledges taking legally binding notice of these terms and conditions, so that they have become part of the contract. This also applies in the event that the client refers to their own general terms and conditions.
1.2. These Terms and Conditions shall also apply to all further contracts, even if no express reference is made to them.
1.3. Conflicting terms and conditions of the client are not part of the contract, unless they are expressly accepted in writing by Rosee Riggs.
- Scope of the service
2.1. Rosee Riggs provides the client with dog behaviour advice and training guidance.
2.2. The advice is provided either in online appointments, face-to-face appointments or by means of lectures.
2.3. Rosee Riggs obligates herself to perform all agreed activities to the best of her knowledge, in accordance with best practice in dog behaviour consulting, and with the principles of economic efficiency. However, Rosee Riggs does not owe any success. She is not responsible for the fact that her service has to result in the success desired by the client. This is the responsibility of the client, as many success factors depend on the dog and the owner (client). How many consulting and training hours are necessary to achieve the desired goal cannot be determined exactly. An approximate estimate mentioned is not a guarantee.
2.4. The transfer, reproduction or publication of documents and materials provided is not permitted without the explicit written consent of Rosee Riggs.
- Conclusion of contract and terms of payment
3.1. After receiving a (verbal or written) appointment request for a consultation or an assessment, Rosee Riggs will send an appointment confirmation to the client by email after reaching an agreement with the client regarding the date of the appointment. The sending of this email means, both parties agree to the offer and the service contract is considered to be finalised. The service only starts once payment has been received in the account of Rosee Riggs.
3.2. With the sending of the invoice, the entire invoice amount is due and payable in full before the assessment appointment.
3.3. The 8-week program is valid for a period of 10 weeks and must be completed within those 10 weeks. The start of the period is the day of the assessment.
3.4. According to the Distance Selling Act, the client is entitled to withdraw from the contract within 14 days of the finalisation of the contract without giving any reason. Any withdrawal from the contract must be made in writing. If the assessment (and thus the start of the 10-week period) takes place within these 14 days, costs will be incurred for the service provided, resources provided and administrative expenses, as the client will have already attended appointments. Since at this point a large part of the service (methodology, training plan, reading recommendations, etc. which will be delivered at the latest during the assessment) will have already been provided, the cancellation costs amount to 35% of the total amount of the program.
3.5. Appointments must be cancelled at least 24 hours prior to the scheduled appointment to allow Rosee Riggs the opportunity to reassign the appointment. Registration and cancellation must be made in writing (by email or signal messenger). Cancellations by fax, text message, Whats-App, Facebook and post are invalid. Cancellations later than 24 hours before the agreed date will be charged in full.
3.6. Rosee Riggs reserves the right to postpone consultations both in terms of time and location. In case of cancellation of individual appointments, an alternative date will be proposed.
3.7. In the event of cancellation of an appointment due to illness of Rosee Riggs or other unforeseeable events (“force majeure”), the client has no claim to the consultation. No compensation for expenses incurred or other claims can be brought against Rosee Riggs.
3.8. The prices for the various services are determined by the rates mentioned in the initial meeting.
3.9. Unless otherwise agreed, additional orders will be charged at reasonable prices.
- Liability
4.1. Rosee Riggs is only liable in cases of gross negligence and intent.
4.2. Rosee Riggs is not liable for damages of any kind. Likewise, Rosee Riggs bears no liability for damage caused by the client’s dog or the client himself, during a consultation or as a result of a consultation. The client is liable for himself and their dog in case of accidents during the consultations and training. Any liability by Rosee Riggs is excluded in case of accidents, illness as well as injury of the dog during consultations and training. The client exclusively is liable for their dog.
4.3. Participation in consultations takes place at the client’s own risk. Instructions and advice from Rosee Riggs are carried out by clients voluntarily and at their own risk.
4.4. During consultations, all legal regulations (eg leash or muzzle) have to be abided by. Rosee Riggs is not liable for decisions of clients to go with or without a leash / muzzle and for any resulting damage. The handling of the dog is always at the client’s own risk.
4.5. The client always remains the owner of the dog. The safekeeping of the dog during consultations is the responsibility of the client.
4.6. During on-site consultations, dogs may not have any contagious diseases, must be free of parasites and vaccinated. Dogs in heat are not allowed to participate in on-site consultations. Rosee Riggs may ask for medical certificates (e.g. vaccination certificate) at any time. If it makes sense in the respective setting, the client can participate in the on-site consultation without their dog.
4.7. There must be a liability insurance for the dog valid in Austria. If additional proof is required by law in the respective province (e.g. Viennese dog licence, Lower Austrian certificate of competence, etc.) for keeping dogs, this is also mandatory during the consultation. Evidence must be provided upon request. For clients in countries other than Austria, clients must provide proof of compliance with local laws and bylaws as regards licensing and canine health requirements.
- Final provisions and severability clause
5.1. Picture, video and sound recordings during consultations or trainings are not permitted without explicit consent. Publication of any material Rosee Riggs provides is strictly forbidden.
5.2. All changes or additions to these Terms and Conditions and other agreements between the client and Rosee Riggs must be in writing.
5.3. The invalidity of individual provisions of these Terms and Conditions does not affect the validity of the rest of the contract.
5.4. Should a clause be or become invalid or unenforceable, both parties undertake to replace it with a legally permissible, valid and enforceable clause that comes as close as possible to the economic intention of the provision to be replaced.
- Applicable law and place of jurisdiction
6.1. Place of fulfilment for all contracts subject to these Terms and Conditions is the registered office of Rosee Riggs.
6.2. For the arbitration of any disputes arising from this contractual relationship, the appropriate court at the registered office of Rosee Riggs is locally responsible.
6.3. Austrian law shall apply.
