General Terms and Conditions of WESTHO petfood GmbH (Online - Stand 09/2016)
1 Area of application
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for deliveries and services that a consumer or entrepreneur (hereinafter referred to as Customer) concludes with WESTHO petfood GmbH (hereinafter "WESTHO petfood") via this online shop. Hereby, WESTHO petfood contradicts the inclusion of contractual terms of the customer, unless otherwise agreed.
2.1 The website of WESTHO petfood is only a sales prospectus. By presenting the products, WESTHO petfood asks the customer to submit an offer for the order.
2.2 The customer can submit the offer via the online order form integrated in the online store of WESTHO petfood. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer may also submit the offer by telephone, by fax, by e-mail or by post to WESTHO petfood.
2.3 WESTHO petfood may reject the contract at its own discretion. If WESTHO petfood refuses to conclude the contract, the customer will be informed as soon as possible.
2.4 Upon receipt of the order at WESTHO petfood, the customer receives a notification that his order has been received and processed. For this, the customer receives a confirmation e-mail to the e-mail address provided by him. The order confirmation is not the acceptance of the offer to complete a purchase. The customer should be informed with the order confirmation that his order has been received by WESTHO petfood. A purchase contract is only concluded when the WESTHO petfood confirms the purchase to the customer. For this, the customer receives a separate order confirmation.
2.5 When submitting an offer via the online order form of WESTHO petfood, the text of the contract will be saved by WESTHO petfood and sent to the customer in writing (eg e-mail, fax or letter) after submitting the order together with these GTC. In addition, the text of the contract will not be saved at WESTHO petfood and can not be retrieved after the order process has been completed. The customer can however print out the mail with order confirmation; in it all order data are visible.
2.6 WESTHO petfood sells goods only to, according to German law, adult customers.
2.7 We point out that we only sell our products in normal household quantities.
3 Right of withdrawal
Consumers are in principle entitled to a right of withdrawal. Further information on the right of revocation result from the cancellation policy of WESTHO petfood. This can be seen here.
4 Prices and terms of payment
4.1 Unless otherwise stated in the online shop of WESTHO petfood, the prices quoted are final prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases which WESTHO petfood is not responsible for and which must be borne by the customer. This may include, for example, costs of transferring money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties).
4.3 Invoicing is without exception including the applicable VAT and is based in principle on the value of goods ordered by you plus shipping costs, which were shown in the order form.
4.4 Payment of the purchase price is due immediately upon conclusion of the contract. To fulfill the prepayment, the customer has various payment options available, which are specified in the Westho Petfood online shop.
4.5 Payments must be made to the following account.
Account holder: Westho Petfood GmbH
IBAN: DE69 3104 0015 0156 4749 00
Alternatively, there is the possibility of direct debit. If the customer so wishes, he undertakes to grant the WESTHO petfood a SEPA-based mandate / SEPA firm mandate. The collection of the direct debit takes place with new customers within 6 days and with existing customers within 3 days after invoice date. The customer must take care to cover the account. Costs incurred due to non-payment or reversal of the direct debit, shall be borne by the customer, as long as the non-payment or the chargeback is not responsible for the WESTHO petfood.
5 Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed.
5.2 The customer must ensure the accuracy and timeliness of the delivery address. If the shipping company sends the goods back to WESTHO petfood, as delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless WESTHO petfood or the transport company commissioned by WESTHO petfood the performance had announced a reasonable time in advance.
5.3 Basically, the risk of accidental loss and accidental deterioration of the goods sold with the transfer to the customer or a person entitled to receive. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the sale of the shipment passes to the delivery of the goods to a suitable transport person at the headquarters of WESTHO petfood.
5.4 WESTHO petfood reserves the right to withdraw from the contract in the event of improper or improper self-delivery. This only applies in the event that the non-delivery is not represented by WESTHO petfood and WESTHO petfood has taken the necessary cover business with the supplier with due diligence. WESTHO petfood will make every reasonable effort to procure the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6 Retention of title
6.1 In the case of contracts with consumers, the goods remain the property of WESTHO petfood until full payment of the invoice amount by the customer.
6.2 In the case of contracts with entrepreneurs, the goods remain the property of WESTHO petfood until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the WESTHO petfood. WESTHO petfood accepts this assignment. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The power of WESTHO petfood to collect the claims itself remains unaffected. However, WESTHO petfood will not collect the claims as long as the customer meets its payment obligations to WESTHO petfood and does not default on payment and no petition for the opening of insolvency proceedings has been filed.
7.1 The warranty rights of the customer arise from the applicable statutory provisions, in particular §§ 434 ff. BGB.
7.2 An additional guarantee exists with the goods supplied by WESTHO petfood only if this was expressly delivered in the order confirmation to the respective article.
For the avoidance of doubt, the date of best before date is not an additional legal guarantee, but a legal obligation.
7.3 If the customer acts as a merchant i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. If the (commercial) customer fails to comply with the notification requirements set out there, the goods are deemed to have been approved.
7.4 If the customer acts as an entrepreneur, the limitation period for defects for new goods is one year from the transfer of risk.
7.5 If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first to WESTHO petfood within 30 days at its expense. The return of the defective goods must be made in accordance with the statutory provisions.
8.1 In case of slight negligence WESTHO petfood shall only be liable for breaches of essential contractual obligations (cardinal obligations), such as those which WESTHO petfood just wants to impose on its content and purpose, or whose fulfillment enables the proper execution of the contract in the first place and on which the customer regularly adheres familiar and trust. This liability is limited to the typical damage foreseeable at the conclusion of the contract.
8.2 The personal liability of the legal representatives, vicarious agents and employees of WESTHO petfood for damages caused by them through slight negligence is also limited to the extent described by the preceding section.
8.3 The liability of WESTHO petfood in case of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected. Limitations of liability do not apply in the case of intent, gross negligence or injury to life, limb or health.
8.4 Liability under the Product Liability Act remains unaffected.
9 Data protection
10 Final provisions
10.1 German law applies excluding the UN sales law.
10.2 If the customer is a merchant, an entrepreneur, 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 WESTHO petfood is the registered office of WESTHO petfood.
10.3 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.