General Terms and Conditions of Business
§ 1 Scope and Provider
(1) These general terms and conditions of business apply to all orders that you place with the online shop
DIETER PFAFF TIERORTHOPAEDIE (ANIMAL ORTHOPAEDICS)
Roxheimer Strasse 6
67 227 Frankenthal /Mörsch
Managing Director: Dieter Pfaff
(2) The goods offered in our online shop are exclusively intended for buyers who have completed the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Business. The inclusion of a customer's General Terms and Conditions of Business wich are inconsistent with our General Terms and Conditions is already now contradicted.
(4) The contract language is German exclusively.
(5) You can refer to and print the currently valid General Terms and Conditions of Business on this website.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button BUY, you make a binding purchase offer (§ 145 'BGB' German Civil Code). lmmediately before placing this order you can check the order again and correct it, if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not materialize by the confirmation of receipt yet.
(4) A purchase contract for the goods shall only materialize, if we expressly declare acceptance of the purchase offer (confirmation of dispatch) or if we dispatch the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices quoted on the product pages include the legal value added tax and other price components and are to be understand plus the respective shipping costs. Further information on shipping costs can be found on our website under Payment & Shipping.
§ 4 Terms of Payment; Delay
(1) Payment shall be made optionally by:
- lnvoice against payment in advance
(2) We shall be responsible for selecting the payment methods available in each case. ln particular, we reserve us the right to offer you only selected payment methods, e.g. only advance payment to cover our credit risk.
(3) When selecting the payment method prepayment, we will give you our bank details in the confirmation of receipt. The invoice amount must be transferred to our account within 10 days of receipt of the confirmation of receipt.
(4) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(5) lf you fall into arrears with a payment, you shall be obliged to pay the legal default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proved in the individual case.
§ 5 Set-off/Retention Right
(1) You shall only be entitled to a right of set-off, if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic ratio to our claim.
(2) You can only exercise a right of retention, if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless othenrwise agreed upon, the goods shall be delivered from our warehouse to the address indicated by you.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) As an exception, we shall not be obliged to deliver the ordered goods, if we have duly ordered the goods on our part but have not been supplied correctly or in time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and that we have informed you about this circumstance without any delay. ln addition, we must not have assumed the risk of procuring the ordered goods. lf the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies for orders for goods which are only described according to their type and characteristics (generic goods).
We are only obliged to deliver goods from our stock and goods ordered by us from our suppliers.
§ 7 Cancellation of Policy
Right of Cancellation
You may revoke your contractual declaration within two weeks without giving reasons in writing (by letter post, fax, e-mail to email@example.com) or by telephone under 06233 - 353 4870, unless you have acted in the exercise of your commercial or independent professional activity (orders by entrepreneurs). The period begins upon receipt of the goods at the earliest. ln order to exercise your right of cancellation, you must inform us, DIETER PFAFF TIERORTHOPAEDIE, Roxheimer Strasse 6, 67227 Frankenthal/Mörsch, Germany, about your decision to cancel this contract. You may also use the attached sample cancellation form, which, however, is not mandatory. To meet the deadline, it is sufficient to send the cancellation in time before the expiry of the cancellation period.
ln the event of an effective cancellation, the services received by both parties shall be returned and any possible benefits derived (e.g. interest) shall be surrendered. lf you are unable to return the services received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This shall not apply, if the deterioration of goods is exclusively due to their inspection, as would have been possible in a retail shop. ln addition, you can avoid the obligation to pay compensation of value by not using the goods as if they were your property and by refraining from doing anything that muld impair their value. We may refuse repayment untilwe have received the goods back or until you have provided proof that you have returned the goods. You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you informed us about the cancellation. This period shall be deemed to have been observed , if you dispatch the goods before expiry of the period of fourteen days. You have to bear the costs of the refund, if the delivered product corresponds to the ordered one.
The right of cancellation
does not apply to goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date has been exceeded. - End of the cancellation information.
§ 8 Transport damages
(1) lf goods are delivered with obvious transport damages, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier and / or transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the legal provisions of the German Purchase Right (§§ 433ff. 'BGB' (German Civil Code)).
(2) lf you are a consumer within the meaning of § 13 'BGB' (German Civil Code), the liability period for warranty claims for used items - deviating from the legal provisions - is one year. This restriction does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely on (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the legal provisions shall apply for the wananty, in particular the two-year restriciton period pursuant to § 438 Para. 1 No. 3 'BGB'(German Civil Code).
§ 10 Liability
(1) Unrestricted liability: We are liable without restriction for intent and gross negligence as well as in accordance with the Product Liability Act. ln the event of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) Furthermore the following restricted liability applies: ln the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is restricted to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This restriction of liability shall also apply in favour of our vicarious agents.
§ 11 Alternative Dispute Settlement
The EU Commission has provided for a platform for out-of-court dispute settlement. This gives consumers the opportunity to initially settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be accessed via the erternal link https://ec.europa.eu/consumers/odr/.
We endeavour to settle any differences of opinion arising from our contract by mutual agreement. Besides, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceeding.
§ 12 Final provisions
(1) Should one or more provisions of these GeneralTerms of Business be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law under the exclusion of the provisions of the United Nations Convention on Contracts for the lntemational Sale of Goods ('CISG, UN Sales Right'). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) lf you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts betwen us and you.
Status, September 2O18. The German version of fhese general terms and conditions is based on a sample of HÄRTING Attorneys at law, www.haerting.de, firstname.lastname@example.org, Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
Online GeneralTerms and Conditions of Business under: https://pfaff-tier.de/l/tac