AGB
General Terms and Conditions (GTC) and consumer information within the scope of purchase agreements concluded via this web shop between Masterfeed Tierernährung GmbH - hereinafter referred to as the "Provider" - and the customer - hereinafter referred to as the "Customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these GTC, the following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between the supplier and the customer. Any conflicting terms and conditions of the Customer shall expressly not apply unless the Supplier expressly agrees to their application in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) All offers in the provider's web shop are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the Provider has received the Customer's order, the Customer will first receive a confirmation of the receipt of his order by the Provider, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
The ordering process in the provider's webshop works as follows:
(2) The customer can select products from the provider's assortment and collect them in the shopping cart using the "Order now" or "Add to cart" buttons. By clicking on the button "Send order", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(3) The supplier then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out. The automatic acknowledgement of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract are the goods and services specified by the customer within the scope of the order and stated in the order and/or order confirmation at the final prices stated in the web shop. Errors and omissions there are excepted, in particular with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the web shop. Illustrations in the web shop serve only as illustrative material and may differ from the product. All product, weight, measurement and performance specifications are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the supplier.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this in an order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in an order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(5) If the delivery of the goods fails despite three delivery attempts, the supplier can withdraw from the contract. Any payments made will be refunded to the customer without delay.
§ 4 Retention of Title
If the customer is a consumer, the goods purchased by the customer remain the property of the supplier until full payment has been made.
If the customer is an entrepreneur, the goods purchased by the customer shall remain the property of the supplier until all claims arising from the business relationship have been settled in full.
§ 5 Delivery, Prices, Shipping Costs
(1) The supplier shall deliver exclusively within Germany.
(2) Delivery (delivery to the shipping company) is usually made within one week after receipt of payment, if the customer has chosen the payment method prepayment, or within one week after receipt of the order for all other payment methods.
(3) All prices stated on the website of the supplier are inclusive of the applicable statutory value-added tax.
(4) The shipping costs are not included in the purchase price, are to be borne additionally by the buyer and are shown in the order form.
(5) For the amount of the shipping costs, please refer to the shipping information under the link Shipping costs in the lower page area of the webshop or the respective offer.
(6) For deliveries to countries outside the European Union, further taxes, customs duties or fees may be incurred, which are not paid through us or invoiced by us, but are payable by the Buyer to the competent customs or tax authorities. Please enquire about the details with the competent customs or tax authority before placing the order.
§ 6 Payment modalities, set-off and right of retention
(1) The customer may make payment by direct debit, prepayment (advance bank transfer), PayPal, credit card or SOFORT bank transfer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears in the amount of 5 percentage points above the base interest rate.
(3) In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a reversal of a payment transaction due to lack of funds in the account or due to incorrectly transmitted bank account data. The account shall be debited before the ordered goods are dispatched
(4) The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages for default.
(5) The Customer may only set off counterclaims that have been determined by a court, are undisputed or have been acknowledged in writing by the Provider. The Customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The Supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) Material contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
(4) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
(5) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Right of withdrawal of the consumer
Consumers shall have a right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
- Cancellation Policy -
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of revocation, you must send us (Masterfeed Tierernährung GmbH, Am Hövel 12, 49439 Mühlen, Tel.: +49 (0)5492 970 970, Fax: +49 (0)5492 970 888, E-Mail: info@masterfeed.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
-End of cancellation policy -
Exclusion or early expiry of the right of cancellation. early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as for the delivery of goods, which can spoil quickly or whose expiry date would be quickly exceeded
The right of withdrawal expires prematurely in the case of the delivery of goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as in the case of the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
To Masterfeed Tierernährung GmbH, Am Hövel 12, 49439 Mühlen, Fax: +49 (0)5492 970 888, e-mail: info@masterfeed.de
Hereby I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following
good(s)
Ordered on (*)/received on (*)
Name of consumer(s)
Signature of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
_________________________________
(*) Please delete where not applicable.
§ 10 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about this immediately to the delivery company and to contact the supplier as soon as possible:
Masterfeed Tierernährung GmbH
Am Hövel 12
49439 Mühlen
Tel. 05492 - 970 970
E-mail info@masterfeed.de
(2) Failure to make a complaint or to contact the supplier has no consequences for the customer's statutory warranty rights. However, they help the supplier to be able to assert its own claims against the carrier or the transport insurance.
§ 11 Notes on data processing
(1) The supplier collects data of the customer in the context of the processing of contracts. In doing so, it shall observe the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of teleservices. The customer can revoke a given consent to the use of his data at any time by sending an e-mail to info@masterfeed.de.
(2) Without the customer's consent, the provider will not use the customer's data for purposes of advertising, market or opinion research. The customer agrees that he/she may be contacted by the shop operator for the purpose of opinion research, but only for purposes related to the shop.
(3) The customer has the option at any time to call up the data stored by him/her under the link "My account" and to change it. The customer can request the deletion of his data by sending an e-mail to info@masterfeed.de. For the rest, reference is made with regard to the customer's consent and further information on data collection, processing and use to the data protection declaration, which can be called up in printable form on the provider's website at any time via the "Data protection" link.
§ 12 Operator of the webshop
Masterfeed Tierernährung GmbH
Am Hövel
1249439 Mühlen
Telephone: 05492 - 970 970
E-mail: info@masterfeed.de
Managing directors: Frederik Kiene, Gisela Dultmeyer
Registered in the commercial register.
Register court: Oldenburg Local Court
Register number: HRB 208478
VAT identification number according to §27a of the Value Added Tax Act: 68/203/79351
Information on online dispute resolution:
The European Commission provides an internet platform for online dispute resolution (ODR) for consumers. You can reach the OS platform at https://webgate.ec.europa.eu/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 13 Final provisions
(1) Contracts between the supplier and the customers shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid.
Status: 9/2016