General terms and conditions (GTC) and consumer information within the scope of purchase contracts entered into between Masterfeed Tierernährung GmbH – in the following “Supplier” – and the customer – in the following “Customer”.
§ 1 Area of Application and General Information
(1) Notwithstanding individual negotiations and agreements that have priority over these GTC, the terms and conditions in the version current and valid time of order shall exclusively govern the business relationship between the Supplier and the Customer. Terms and conditions of the customer, which are in conflict with these conditions shall be expressly excluded unless the Supplier agrees to their validity in writing.
(2) The Customer is a “consumer”, provided the purpose of the ordered deliveries and performances cannot be linked to the Customer’s commercial or other business activity. Conversely, a “trader” is any natural or legal entity or partnership, which acts in fulfilment of a commercial or other business interest at the time of contract conclusion.
§ 2 Conclusion of Contract
(1) All offers in the online shop of the supplier represent a non-binding invitation to the Customer to submit a relevant purchase offer to the Supplier. Once the Supplier has received the order from the Customer, the Customer shall receive a confirmation of that receipt (order acknowledgement), generally via email. An order acknowledgement does not constitute an order confirmation. The offer of purchase is accepted by the act of goods delivery or with the provision of an order confirmation.
The order process in the online shop of the Supplier functions as follows:
(2) The Customer may select any product from the Provider’s offered range and collect selected products in a so-called shopping cart by clicking the relevant “Order now” or “Add to cart” button. By clicking “Submit order", the Customer submits a binding offer of purchase for the goods contained in the shopping cart. The customer can change or review the details at any time before placing the order. The offer of purchase can only be submitted and sent, once the Customer has selected the check box “I have read the Terms & Conditions of the shop and accept their validity”, which incorporates them into the purchase request.
(3) The Provider will then send the Customer an automated receipt confirmation via email, listing the items ordered by the Customer which can optionally be printed out. The automated receipt confirmation simply documents order receipt, but does not constitute an order confirmation. The offer of purchase is accepted by the act of goods delivery or with the provision of an order confirmation.
§ 3 Contractual object, condition, delivery, product availability
(1) Contractual object is the goods and services specified by the Customer and listed in the purchase request and/or order confirmation at the end prices stated in the online shop. Errors and mistakes in the online shop are excepted, specifically in terms of product availability.
(2) The condition of the ordered goods can be gleaned from the product descriptions in the online shop. The product images shown on the website should be understood as guidelines only; colours in particular may vary significantly due to technical reasons. The images are for illustration purposes only and may differ slightly from the actual products. All product information, including weight, dimensions and specifications are as accurate as possible, but may be subject to standard deviations. The properties described above shall not constitute a fault or defect in the products delivered by the Supplier.
(3) Where at the time of order by the Customer no units of the selected product be in stock, then the Supplier shall inform him of that fact as part of the order confirmation. Where the product remains permanently unobtainable, the Supplier shall waive order acceptance. No contract shall come to pass in that case.
(4) Where the product requested in the purchase request of the Customer is out of stock short-term only, the Supplier shall notify the Customer of that fact immediately as part of the order confirmation. The Customer shall have the right to cancel the contract where delivery of the requested product will be delayed for more than two weeks. Additionally, the Supplier shall in this case be entitled to withdraw from the contract. Any payment received from the Customer shall be refunded immediately.
(5) The Supplier is entitled to withdraw from the contract, where the delivery of the goods fails after three delivery attempts. Any payments received shall be refunded to the Customer immediately.
§ 4 Retention of Title
All good shall remain the property of the Supplier until payment in full has been received.
§ 5 Delivery, Prices, Shipping Costs
(1) The Supplier offers deliveries within Germany only.
(2) Deliveries (handover to the carrier) shall typically occur within one week after order receipt (payment via direct debit or PayPal) or after receipt of payment (prepayment).
(3) All prices stated on the Supplier’s website include statutory VAT.
(4) Shipping costs are stated for the Customer in the order form and are the responsibility of the Customer. The Supplier shall charge a flat fee of EUR 5.90 per order. The Supplier shall deliver orders with a total order value over EUR 60.00 free of charge.
(5) Goods are shipped via UPS Parcel Service.
§ 6 Payment Terms, Set-Off and Retention Rights
(1) Customers can pay by direct debit, prepayment or PayPal.
(2) The total purchase price is due at the time of contract conclusion. Where a calendar date stipulated the due date, the Customer shall be in default by exceeding that date. The Customer shall be liable for default interest of 5 percentage points above the base interest rate.
(3) Where direct debit is chosen as payment method, the Customer shall be liable for any charges and fees due for a reversal transaction due to lack of funds or incorrectly account details. The account shall be debited before the dispatch of the goods.
(4) The Customer’s obligation to pay default interest shall not preclude the assertion of further default damages of the Supplier.
(5) The Customer shall only be entitled to set off counterclaims that are undisputed and legally determined in a court of law or are accepted in writing by the Supplier. The Customer shall only be entitled to exercise his retention right for claims arising from one and the same contractual relationship.
§ 7 Material Defects Warranty, Guarantee
(1) The Supplier shall be liable for material defects in accordance with relevant statutory regulations, specifically §§ 434 ff. BGB (German Civil Code).
(2) A guarantee for goods delivered by the Supplier shall be granted only where stated for specific goods as part of the order confirmation.
§ 8 Liability
(1) Customer claims for damages are excepted. That shall not include claims for damages on the part of the Customer for injury to life, health or the breach of essential contractual obligations (cardinal duties) and the liability for other damages due to deliberate or grossly negligent breach of duty on the part of the Supplier, his legal representatives or agents.
(2) In case of a breach of cardinal duties in the sense of paragraph 1, the Supplier shall be liable for contractually typical, foreseeable damages where these are the result of simple negligence, unless these are claims of the Customer arising from damage to life, body or health.
(3) Cardinal duties in the sense of paragraph 1 are obligations without which due performance of the contract would not be possible and upon the fulfilment of which the Customer can regularly rely.
(4) The limitations of paragraphs 1 and 2 shall apply also in favour of the legal representative and agents of the Supplier, where claims are asserted against them.
(5) The regulations of the German Product Liability Act shall remain unaffected.
§ 9 Consumer Cancellation Right
(1) Where the Customer is a consumer and has concluded a contract with the Supplier using exclusively telecommunication means, specifically telephone, email, fax or the website of the Supplier, then he has the cancellation right described in the following.
No cancellation right exists in the exceptional case that
- the Customer has purchased the goods from the Supplier for purposes pertaining to his commercial or other business activity (in this case the Customer is not a consumer)
- products that were manufactured or altered specifically for the personal requirements of the Customer (custom-made products)
- the products are perishable or have surpassed the expiration data.
– Cancellation Policy–
You have the right to withdraw from the contract within a period of 14 days, without giving a reason in a written form (e.g. letter, fax, e-mail) or – if you return the goods before the expiry date – by returning the items. The period shall begin when this advice has been received in writing, but not however, prior to the receipt of the goods by the consignee (if the same type of goods are supplied on repeated occasions, not prior to the receipt of the first consignment) and not prior to the fulfilment of the Buyer's duty of information in accordance with Section 246 § 2 in conjunction with § 1 sect. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as the Seller's duties in accordance with § 312e sect. 1 paragraph 1 of the German Civil Code (BGB) in conjunction with section 246 § 3 EGBGB. To observe the time limit, the prompt dispatch of the merchandise or the return request within the set period is sufficient.
The letter of cancellation is to be sent to:
Masterfeed Tierernährung GmbH
Am Hövel 12
49393 Mühlen, Germany
Consequences of Cancellation
In the case of an effective cancellation, the mutually received benefits are to be returned and any derived profits (e.g. interest) are to be returned. In case you are unable to reimburse us either in total or partially for services received, you are required to offer a compensation of equal value. This does not apply, when the deterioration of the merchandise can be exclusively attributed to an inspection similar to what would be possible in a shop. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by inappropriately used goods by refraining from using the goods as your property and by refraining from doing anything which could impair their value. Goods sent by parcel shipment may be returned at our risk. You must bear the regular costs of return shipment if the purchase price of the article to be returned does not exceed an amount of €40 or if, in the case of a higher purchase price, you have not yet undertaken to pay the purchase price or an agreed instalment at the time of withdrawal, unless the delivered article does not correspond to the order. In any other case, return shipment is free. Goods not suitable for delivery by parcel will be picked up. Refund obligations must be satisfied within 30 days. The period shall begin as soon as you have sent your declaration of cancellation, and for us upon receipt of said declaration.
– End of Cancellation Policy–
(2) Return Shipment Costs when Exercising the Right of Cancellation
When a Customer exercises his right of cancellation (see Cancellation Policy), he must bear the regular costs of the return shipment if the delivered goods match the order and if the price of the returned product does not exceed €40 or – in case of a higher priced product – the object has not been paid in full or a contractually agreed instalment has not been paid. In any other case, a return shipment is free of charge for the Customer.
§ 10 Transport Damage
(1) A complaint must be lodged with the carrier immediately upon receipt of the delivery for any goods delivered with visual transport damage and the Supplier must be notified as soon as possible:
Masterfeed Tierernährung GmbH
Am Hövel 12
49439 Mühlen, Germany
Tel. +49 (0)5492 - 970 970
(2) Failure to lodge a complaint or notification of the Supplier shall not impact on the statutory warranty rights of the Customer. Your action will, however, assist the Supplier in making a claim against the carrier or transport insurance.
§ 11 Note on Data Processing
(1) The Supplier collects information from the Customer within the scope of contract handling. He shall do so in compliance with legal stipulations. The Supplier shall collect, process or utilise basic and usage data of the Customer without his express permission only to the extent required for the handling of the contractual relationship and for the use and billing of communication services. The Customer can rescind his permission regarding the use of his data at any time via email to firstname.lastname@example.org.
(2) The Supplier shall not utilise customer information for advertising, marketing or opinion polling without the express permission of the Customer.
(3) The Customer can at any time access and change the data stored under “My Account”. The Customer can request a deletion of his data at any time via email to email@example.com. With reference to the consent of the Customer and additional information about data capture, collection and use, please read the Privacy Statement, which can be accessed in printable format at any time on the website of the Supplier via the link “Privacy”.
(4 Valid only for payments via electronic direct debit) I consent to my payment information (account number, BIC, account name, date, time, amount, trader ID) being forwarded to the network operator InterCard AG, Mehlbeerenstr. 4, 82024 Taufkirchen, Germany, www.intercard.de (InterCard), to verify my payment. The information will be checked against the InterCard blacklist, which contains accounts with outstanding debts, unless rights from the hedged items have been asserted. InterCard furthermore sets maximum payments within specific intervals. The blacklist and the payment information are stored and used by InterCard to prevent fraud and to limit the risk of payment defaults.
§ 12 Final Provisions
(1) Contracts between the Supplier and the Customer are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(2) Where the Customer is a businessman within the meaning of the German Commercial Code, a legal entity under public law or special assets constituted under public law provisions, the place of jurisdiction for all disputes from the contractual relationship between the Customer and the Supplier is the registered office of the Supplier.
(3) In case of legal invalidity of individual stipulations, the remainder of the contract shall remain binding.
Last Revision: 9/2016