General Terms and Conditions of Sanoanimal UG (haftungsbeschränkt) – Knowledge transfer around animal health and animal feed advice
Information according to § 5 TMG
Sanoanimal UG (limited liability), Weitlingstrasse 17, 10317 Berlin
Represented by Managing Director Dr. Christina Fritz
Commercial register: HRB 153845 B
Tax number: 37/504/30278
VAT-number according to § 27 a Sales Tax Act: DE291856562
Bank details: GLS Gemeinschaftsbank Bochum,
BIC GENODEM1GLS / IBAN DE53 4306 0967 1153 9204 00
The place of jurisdiction is Berlin/Germany.
Contact
No telephone advice on training courses, content or dates; please contact us at fortbildung@sanoanimal.de
No telephone or written advice on horse health or feeding.
You can reach our accounting department at: Tel: (030) 235 939 090, Fax: (030) 235 939 091, Email: buchhaltung@sanoanimal.de
1. scope of application, definitions
1.1 Exclusivity
The business relationship between Sanoanimal UG and its contractual partners (hereinafter referred to as the “Purchaser”) is governed exclusively by these General Terms and Conditions (GTC) in the version valid at the time of the order.
Deviating and conflicting general terms and conditions of the purchaser are not recognised unless Sanoanimal UG expressly agrees to their validity in writing. The acceptance of services from the customer, including payment for the ordered services or goods, does not imply agreement with the validity of those terms and conditions.
1.2 Entrepreneur and consumer
The services offered by Sanoanimal UG are aimed equally at consumers and entrepreneurs. The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity (Section 14 (1) BGB).
2. contracting party
The purchase contract is concluded with Sanoanimal UG represented by the managing director: Dr. Christina Fritz, Weitlingstr. 17, 10317 Berlin. Phone: +49 30 235 939 090, Fax: +49 30 235 939 091. The address for returns processing is exclusively Plauener Str. 163-165, House D/4, 13053 Berlin.
Competent registry court: Charlottenburg Local Court (Berlin), HRB number: 153845 B, tax number: 37/504/30278. VAT-number according to § 27 a Sales Tax Act: DE291856562
3 Conclusion of contract
3.1 Written form
A contract between Sanoanimal UG and the purchaser is concluded by order and order confirmation or, in the absence of such an order confirmation, at the latest by dispatch of the goods or acceptance of the service.
3.2 Online orders
Sanoanimal UG uses various online platforms (e.g. shop.sanoanimal.de, eventbrite.com, etc.) for the sale of its products and services (hereinafter referred to as “online shop”). The services or products offered do not constitute a legally binding offer, but an invitation to order.
By clicking the order button (e.g. “Buy now”) in the last step of the ordering process, the orderer makes a binding offer to purchase the service or goods listed on the order page.
The purchase contract is concluded when Sanoanimal UG accepts the order by sending an automatic order confirmation by e-mail immediately after receipt of the offer or sends the goods or confirms the booking of the service.
3.3 Other orders
In addition to the ordering process in the online shop, orders can be placed informally by telephone, e-mail or fax.
Subject to the right of withdrawal for consumers pursuant to clause 4, the customer shall be bound to an order placed by him in this way for 14 days after dispatch. Sanoanimal UG is entitled to accept the offer within this period. However, an order by telephone can only be accepted by Sanoanimal UG immediately.
The contract of sale is concluded with confirmation by telephone from Sanoanimal UG if the order is placed by telephone, otherwise with the sending of a written order confirmation or the sending of the ordered goods.
4. cancellation policy for consumers
The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr/. Our email is office@sanoanimal.de.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is 14 days from the date,
– on which you or a third party named by you, who is not the carrier, have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece if you have ordered goods that are delivered in several partial consignments or pieces;
– a revocation by the orderer cannot be made during or after the use of a service provided by Sanoanimal UG, e.g. during or after a booked seminar.
If there are several of the above alternatives, the withdrawal period does not begin to run until you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial consignment or the last item.
In order to exercise your right of withdrawal, you must inform us (Sanoanimal UG, Plauener Str. 163-165, Haus D/4, 13053 Berlin, Tel. +49 30 235 939 090, Fax +49 30 235 939 091, E-Mail: office@sanoanimal.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
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 the withdrawal from this contract. For this repayment, we 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 without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. Goods returns are to be sent exclusively to the following address: Sanoanimal UG, Returns Department, Plauener Str. 163-165, House D/4, 13053 Berlin.
You shall bear the direct costs of returning the goods. For goods that cannot be returned by normal post due to their nature, you will bear the direct costs of returning the goods up to the amount of the forwarding costs invoiced to you, but not exceeding EUR 500.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics or functionality of the goods.
Our information on the right to object: http://wissen.sanoanimal.de/en/widerspruch/
5. prices and shipping costs
5.1 Prices
For online orders, the prices valid at the time of the order apply, which are stated in the online shop for the respective service or product.
The prices stated are in euros and include the applicable statutory VAT, but do not include shipping costs, and are valid for customers from Germany. Prices for orders from European or non-European countries may differ due to local legislation. In the case of product deliveries to Switzerland, customs duties as well as fees and any other public charges are additionally incurred, which are to be borne by the customer.
5.2 Shipping costs
The shipping costs for end customer orders are to be borne by the customer. This does not apply insofar as the customer, who is a consumer, makes use of his right of withdrawal.
For delivery and packaging to end customers within Germany, 6.50 euros per shipment will be charged regardless of weight. Delivery within Germany is free of shipping costs if the value of goods exceeds 250 euros.
For delivery and packaging to end customers in other EU member states, 10 euros up to a weight of 19.9 kg and 20 euros from a weight of 20 kg per shipment will be charged. From a goods value of 500 euros, delivery within the EU is free of shipping costs to end consumers.
For delivery and packaging to end customers in Switzerland, the shipping costs are calculated individually depending on the amount of the respective customs duties and other public charges.
6. Payment
6.1 Payment modalities for Germany
Subject to the following restrictions, payment to Sanoanimal UG can be made by advance bank transfer / giropay / Sofortüberweisung, invoice, PayPal, AmazonPay or direct debit. Cheques or bills of exchange are not accepted.
Sanoanimal UG reserves the right to make delivery on account or by direct debit dependent on a credit check.
6.2 Due date of the purchase price payment
Payment of the purchase price (including VAT and shipping costs as well as any other fees) is due immediately upon conclusion of the contract.
If delivery on account has been agreed, the invoice shall be due for payment within 14 working days after receipt of the invoice by the Purchaser.
6.3 Chargebacks
The fees for debited back direct debit amounts are to be borne by the ordering party and consist of the respective bank fee and a processing fee of 15.00 euros.
6.4 Payment modalities for other EU countries and Switzerland
Payments for orders from other EU member states and Switzerland can only be made by advance bank transfer or PayPal.
7. Retention of title
The goods remain the property of Sanoanimal UG until the purchase price (including VAT and shipping costs) has been paid in full.
In the event of resale of the goods subject to retention of title, the purchaser hereby assigns to Sanoanimal UG by way of security the claim against the purchaser arising therefrom. The same applies to other claims which take the place of the goods subject to retention of title or otherwise arise with regard to these goods. Sanoanimal UG revocably authorises the purchaser to collect the claims assigned to Sanoanimal UG in its own name. Sanoanimal UG may only revoke this direct debit authorisation in the event of realisation.
In the event of access by third parties – in particular by bailiffs – to the goods subject to retention of title, the purchaser must draw attention to the ownership of Sanoanimal UG and notify it immediately.
In the event of a breach of contract by the purchaser, in particular in the event of default in payment, Sanoanimal UG is entitled to demand the return of the goods subject to retention of title, provided that Sanoanimal UG has withdrawn from the contract.
8. delivery conditions
8.1 Deliveries
Sanoanimal UG will carry out the packaging and delivery within Germany at its due discretion. Large shipments will be handled by a suitable forwarding agent, which Sanoanimal UG will determine at its due discretion.
8.2 Delivery areas
Sanoanimal UG delivers product orders exclusively to member states of the EU and Switzerland. Deliveries of services provided online are regionally unrestricted.
8.3 Delivery times
The delivery time for product orders can be up to 14 days from the warehouse to the arrival of the goods at the customer. In the case of special offers or seasonal goods, the delivery time can also be up to 4 weeks.
All delivery periods stated by Sanoanimal UG begin, if payment by advance transfer has been agreed, on the day the payment order is issued to the transferring credit institution. If another method of payment has been agreed, all delivery periods shall commence on the day on which the purchase contract is concluded in accordance with section 3 of these GTC. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
8.4 Sale of the goods
Even if goods are marked as “in stock” in the online shop, Sanoanimal UG is entitled to sell off the goods at any time if a reference to the limited availability of the goods is made when the order is placed or payment is made by advance transfer and payment is not received by Sanoanimal UG within a period of 5 working days after conclusion of the contract. In these cases, dispatch within the aforementioned delivery periods shall only take place while stocks last.
8.5 Goods not in stock
In the event that the supplier of Sanoanimal UG fails to deliver goods indicated as “out of stock” on the order form in a timely manner, Sanoanimal UG will immediately notify the purchaser thereof. In such cases, the delivery period applicable under clause 9.1 shall be extended until delivery by the supplier plus a period of 3 working days, but by a maximum period of 14 days. This presupposes that Sanoanimal UG is not responsible for the delay in delivery by the supplier and has immediately reordered the goods.
8.6 Delays in delivery
In the event of a delay in delivery of more than 14 days, the customer has the right to withdraw from the contract. In this case, Sanoanimal UG is also entitled to withdraw from the purchase contract. In this case, it shall immediately reimburse all payments already made by the customer.
8.7 Refusal of acceptance
If the purchaser refuses acceptance and Sanoanimal UG is not at fault in this respect (transport damage, incorrect delivery), the purchase price can be credited to the customer’s account in exceptional cases after approval by Sanoanimal UG, but a flat-rate shipping fee of 15.00 euros and 25% of the value of the goods paid will be deducted per package.
9. use of vicarious agents
Sanoanimal UG may commission vicarious agents with the provision of individual elements or the entire contractual performance.
10. information on liability for defects
10.1 Warranty obligation
Sanoanimal UG is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
Notwithstanding the above, Sanoanimal UG may, in relation to entrepreneurs, choose between rectification of the defect or delivery of a defect-free item, whereby this can only be done by notification in text form to the purchaser within 3 working days of receipt of the notification of the defect.
The warranty period for goods delivered by Sanoanimal UG to entrepreneurs is 12 months from delivery.
10.2 Notice of defects
If the purchaser is an entrepreneur, he must inspect the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the purchaser if an obvious defect has not been notified to Sanoanimal UG in writing within 5 working days of delivery. With regard to other defects, the goods are deemed to have been approved by the purchaser if Sanoanimal UG does not receive notification of the defect within 5 working days of the time at which the defect became apparent; however, if the defect was already apparent to the purchaser at an earlier point in time during normal use, this earlier point in time is decisive for the commencement of the period for notification of defects. In all other respects, §§ 377 ff. HGB.
11. durability guarantee and other guarantees
Sanoanimal UG is only liable within the scope of a durability guarantee if such a guarantee has been expressly given with regard to the delivered goods. The term of the durability guarantee begins on the day of handover to the transport company for dispatch to the purchaser.
Appropriate instructions for proper storage are noted on the product information of the goods. Only if the purchaser observes these instructions will Sanoanimal UG provide a corresponding guarantee of durability.
If damage occurs which is based on the fact that the durability guaranteed by Sanoanimal UG is lacking and if this damage does not occur directly to the delivered goods, Sanoanimal UG is only liable for this if the risk of such damage is obviously covered by the durability guarantee.
12. Liability
12.1 Disclaimer
The liability of Sanoanimal UG for all damages caused by simple negligence is excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health and from the breach of essential contractual obligations (cardinal obligations). The same applies to breaches of duty by the legal representatives and vicarious agents of Sanoanimal UG. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Purchaser may regularly rely.
12.2 Limitation of liability
In the event of a breach of material contractual obligations, the liability of Sanoanimal UG in cases of simple negligence is limited to the foreseeable damage typical of the contract, unless the customer’s claims for damages arise from injury to life, limb or health.
12.3 Liability of legal representatives and vicarious agents
The restrictions under 13.1 and 13.2. also apply in favour of the legal representatives and vicarious agents of Sanoanimal UG if claims are asserted directly against them.
12.4 Product Liability Act
Claims of the Purchaser under the provisions of the Product Liability Act shall remain unaffected by the above exclusion / limitation of liability pursuant to 13.1-13.3.
13. data protection
The data of the purchaser necessary for the transaction of business will be collected, processed and used by Sanoanimal UG in compliance with the relevant provisions of the Federal Data Protection Act and the Telemedia Act.
Sanoanimal UG reserves the right to transmit personal data of the orderer to external service providers, insofar as this is necessary for the purpose of a credit check, and to use this information to help make a decision regarding the method of payment. This presupposes that the customer expressly agrees to this in the individual case.
More Regulations and details on data protection can be found here.
14. final provisions
14.1 Applicable law
The law of the Federal Republic of Germany shall apply to contracts between Sanoanimal UG and the purchaser to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 Place of performance
The place of performance for all contractual and legal claims against purchasers who are entrepreneurs is the registered office of Sanoanimal UG.
14.3 Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction.
14.4 Severability clause
Should one or more provisions of the contract or these GTC be invalid, this shall not affect the validity of the rest of the contract and these GTC. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic intention.
