General terms and conditions with customer information
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of NutraPet® Systems Deutschland GmbH (hereinafter referred to as “seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller with regard to goods presented in the seller’s online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer in the sense of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor his/her independent professional activity. An entrepreneur in the sense of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The customer may also submit their offer to the seller via the integrated online contact form. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods in the shopping basket by clicking the button that concludes the ordering process. The customer may also submit their offer to the seller by telephone, fax, email or via online contact form.
2.3 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 (or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer for payment after submitting their order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry 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 their declaration of intent.
2.5 If an offer is submitted via the seller’s online order form, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login data.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address they have provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by the seller in connection with the order processing can be received at this address.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through 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 money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Customers will be notified of the payment option(s) in the vendor’s online shop.
4.5 If the payment method “PayPal direct debit” is selected, PayPal collects the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) with the customer which announces a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though they are not entitled to do so, the customer shall bear the fees arising from the reversal of the respective bank, if they are responsible for this.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the seller’s order processing shall be decisive for the transaction.
5.2 If 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 result. This shall not apply with regard to the costs of the return shipment if the customer effectively exercises their right of revocation. For the costs of return shipment, if the customer effectively exercises their right of revocation, the provision made in the seller’s revocation instruction applies.
5.3 In the case of collection by the customer, the seller shall first inform the customer by email that the goods ordered by the customer are ready for collection. After receipt of this email, the customer can collect the goods from the seller’s premises by arrangement with the seller. No shipping costs will be charged in this case.
6) Retention of title
If the seller makes advance payment, they reserve the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller. If the customer does not comply with this, this has no effect on their legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers which are issued free of charge by the seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 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 difference.
8.7 The credit balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
8.8 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 withdrawal.
8.9 The promotional voucher is not transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the seller’s online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
9) Applicable law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 has their registered office outside the territory of the Federal Republic of Germany, the registered office of the seller 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 professional or commercial activity of the customer. In the above cases, however, the seller shall in any case be entitled to call upon the court at the customer’s place of business.
11) Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.