General Terms and Conditions
Between Terra Canis GmbH, Friedrichstraße 1a, 80801 Munich Germany, registered in the Commercial Register of the Local Court of Munich under HRB 186241, represented by Hubert Wieser as well as Thomas Reinarz, VAT Identification No.: DE 27 19 39 498 (hereinafter referred to as "Provider") and the customers referred to in clause 2 of these General Terms and Conditions (hereinafter referred to as "Customer").
1. Scope, Definition
1.1. This General Terms and Conditions in the version valid at the time of the order shall apply exclusively to business relationships established between the Provider and the Customer through this Online Shop, by telephone, fax or e-mail. Deviating General Terms and Conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
1.2. The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. 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 commercial or independent professional activity.
2. Conclusion of contract and ordering process
2.1. The Customer can select products from the Provider’s range, in particular pet supplies such as wet and dry food, vet food, food supplements, snacks and pet accessories and collect these in a so-called shopping cart by clicking on the button "add to cart". The presentation of the Provider’s products within the Online Shop are intended as an illustration and do not constitute a binding offers for sale. By presenting the products, the Provider requests the Customer to submit an offer for the order.
2.2. The Customer can submit the offer via the online order form integrated into the Provider's Online Shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button concluding the ordering process. For this purpose, the Customer will be shown a confirmation window ("Complete Order") with the details of his order before the order process is completed. At this stage the Customer can check and correct his entries again. The offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by clicking on the button "I have read and agree to the General Terms and Conditions" and thereby included them in his offer. The Customer may also submit the offer to the Provider by telephone, fax, e-mail or post, including these General Terms and Conditions.
2.3. Once the Provider has received the order, the Customer will receive a notification that his order has been received and is being processed. For this purpose, the Customer will receive a confirmation e-mail to the e-mail address he has provided. The order confirmation is not already the acceptance of the offer to conclude a contract. The Customer shall be informed with the order confirmation that his order has been received by the Provider. A purchase contract is only concluded when the Provider confirms the purchase to the Customer. The Customer will receive a separate order confirmation for this purpose. The Provider can accept or reject the order within two days of receipt of the order.
2.4. Contrary to section 2.3, the contract shall be concluded earlier in the following cases: If the Customer has chosen credit card payment as the method of payment, the contract shall come into effect at the time of credit card debiting upon conclusion of the order. If the Customer has chosen PayPal as the method of payment, the contract shall be concluded at the time of confirmation of the payment order to PayPal. If the Customer has selected immediate bank transfer as the method of payment, the contract shall be concluded at the time of confirmation of the payment order to the Customer's bank. If the payment method Prepayment is chosen, the contract is concluded at the time of receipt of the payment to the Provider.
2.5. When the offer is submitted within the framework of the Online Shop, the wording of the contract is saved by the Provider and sent to the Customer after the order has been dispatched together with these General Terms and Conditions (e.g. by e-mail, fax or letter). Furthermore, the text of the contract is not stored by the Provider and cannot be retrieved after the order process is completed. The Customer can, for example, print out the order confirmation received electronically; all order data is visible in it.
2.6. The Provider sells goods exclusively to Customers of full age.
2.7. The sale of the Provider’s products is carried out in quantities customary in households. Even several individual orders, each with smaller quantities of goods, shall be considered as one order for more than usual household quantities. Corresponding contracts for larger than normal household quantities, e.g. for the purpose of commercial resale of the goods by the Customer, require the written consent of the Provider to be valid.
2.8. The Customer can only order the Provider's goods with an additional shipping and delivery notification service. This is due to the current shipping situation in Europe and the resulting delays in the delivery. Within the scope of this dispatch and delivery notification service, the Customer will receive continuous notifications on the delivery status of the ordered goods to the e-mail address provided during the ordering process. The Provider’s goods cannot be ordered without the Dispatch and Delivery Notification Service.
3. Terra Canis feed subscription
3.1. Registered Customers with a delivery address within Germany or Austria can choose within the ordering process the regular delivery of subscription-compatible goods of the Provider ("feed subscription"). In this case, by clicking on the button "SUBMIT ORDER AND PAY", the Customer submits a legally binding offer for the conclusion of a sales contract for the regular delivery of the respective goods.
3.2. When concluding a sales contract for the regular delivery of the goods in question, the Provider grants the Customer a discount on the regular price of the selected, subscription-compatible goods. Further information on the nature and scope of the discount can be found on the Terra Canis Feed Subscription page of the Online Shop. The Provider is entitled to change the discount granted at any time. The granted discount cannot be combined with other discount actions of the Provider.
3.3. The delivery of the selected goods by the Provider is carried out regularly at the interval selected by the Customer (approximately weekly or monthly). In the event that the selected goods are not available at the selected delivery interval, the Customer will be informed by e-mail three days before the order is executed. If the Customer does not take action after receipt of the e-mail (for example by adjusting the order execution within the subscription management), the order will be sent without the unavailable items.
3.4. The purchase agreement for the regular delivery of the goods in question is concluded for an indefinite period. The Customer may terminate the contract for regular delivery of the relevant goods up to three days before the next order execution takes place via the subscription management within the Customer's user account with effect for the next delivery interval. If the cancellation is made at a later date, it will only take effect for the following delivery interval. The Provider may also terminate the contract for the regular delivery of the relevant goods without giving reasons with effect for the next delivery interval.
3.5. The Customer may at any time pause the contract for regular delivery of the relevant goods for a certain period of time or change the selected interval of delivery.
4. Prices and terms of payment
4.1. Unless otherwise stated in the Provider's Online Shop, the prices quoted are final prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Provider is not responsible and which must be borne by the Customer. These may include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Further information on the respective shipping costs can be viewed within the Online shop under the tab "Delivery and Payment".
4.3. Invoicing is without exception inclusive of the applicable value-added tax and is generally based on the value of the goods ordered by the Customer plus shipping costs, if applicable, which were shown on the order form.
4.4. The Customer can make payment in advance, direct debit, Paypal, credit card or immediate bank transfer. There is also the possibility of direct debit. If the Customer so wishes, the Customer undertakes to issue the Provider with a SEPA Basic Mandate / SEPA Company Mandate. The direct debit will be collected within six days for new Customers and within three days for existing Customers after the invoice date. The Customer must ensure that the account is covered. Costs incurred due to non-redemption or reversal of the direct debit shall be borne by the Customer as long as the Provider is not responsible for the non-redemption or reversal. In individual cases, the Provider is entitled to accept only certain types of payment depending on the Customer and the selected type of delivery. Further information on the individual payment methods can be viewed within the Online Shop under the tab "Delivery and Payment".
4.5. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer shall be in default already by missing the deadline. In this case he shall pay the Provider default interest for the year at a rate of five percentage points above the base rate. 4.6. The Customer's obligation to pay interest on arrears does not exclude the Provider from asserting further damages caused by default.
5. Terms of delivery and dispatch, reservation of self-delivery
5.1. If no delivery time or no deviating delivery time is indicated for the respective goods within the Online Shop, the delivery time for orders within Germany is approx. two to three working days after receipt of payment for delivery by the service provider DHL GoGreen. For deliveries abroad, the delivery time is approx. two to five working days. Further information on shipping and handling costs can be found in the "Delivery and Payment" section of the Online Shop.
5.2. Unless otherwise agreed, the delivery of goods shall be effected by dispatch to the delivery address indicated by the Customer.
5.3. The Customer must ensure that the delivery address is correct and up-to-date. If the transport company returns the dispatched goods to the Provider because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the service offered, unless the Provider or the transport company commissioned by the Provider had given the Customer reasonable advance notice of the service.
5.4. The Provider reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the non-delivery is not attributable to the Provider and the Provider has concluded a concrete hedging transaction with the Supplier with due care. The Provider shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.
5.5. If no examples of the goods selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
5.6. If the goods designated by the Customer in the order are only temporarily unavailable, the Provider shall also inform the Customer of this in the order confirmation.
6. Retention of title
Until full payment has been made, the delivered goods remain the property of the Provider.
7.1. The Customer's warranty rights are based on the applicable statutory provisions, in particular §§ 434 ff. GERMAN CIVIL CODE. It is pointed out for clarification that the specification of the best before date is not a guarantee in the legal sense, but a legal obligation for the Provider.
7.2. The goods delivered by the Provider are only covered by an additional guarantee if this was expressly stated in the order confirmation for the respective article.
8.1. Claims for damages by the Customer are excluded. Excepted from this are claims for damages by the Customer arising from injury to life, body 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, his legal representatives or vicarious agents. Essential contractual obligations are those which make the proper execution of the contract possible in the first place, i.e. which are necessary for the fulfilment and attainment of the contractual objective and on the observance of which the Customer basically relies and may rely.
8.2. In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
8.3. The restrictions of clauses 8.1 and 8.2 also apply in favor of the Provider's legal representatives and vicarious agents if claims are made directly against them.
8.4. The limitations of liability resulting from clauses 8.1 and 8.2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
9. Rights of withdrawal
9.1. When concluding a distance selling contract, Consumers generally have a statutory right of withdrawal, about which the Provider informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in clause 9.2. A model withdrawal form is provided in section 9.3.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw this contract within sixty days without giving any reasons. The withdrawal period is sixty days from the day on which you or a third party, other than a carrier and designated by you, took physical possession of the goods.
In order to exercise your right of withdrawal you must inform us, Terra Canis GmbH, Friedrichstraße 1a, 80801 Munich, Germany, phone: +49 89 69 33 41-500, fax: +49 89 69 33 41-599, e-mail: [email protected] by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choice of a delivery method other than the least expensive standard delivery offered by us), immediately and no later than within fourteen days of the date on which we receive notice of your withdraw from this contract.
We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any case within sixty days at the latest from the day on which you inform us of the withdrawal of this contract. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
9.2. The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. The right of withdrawal also expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9.3. The Provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form If you want to cancel your contract with Terra Canis, please fill out this form and send it back to:
Terra Canis GmbH, Friedrichstraße 1a, 80801 Munich, Germany, Fax: +49 / (0) 89 693341-599 /, mail: [email protected]: I/we (*) hereby give notice that I/we withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) __________________________________________________
Ordered on (*)/ received on (*)_________________________
Name of consumer(s) _________________________
Address of consumer(s) _________________________
Signature of consumer(s)(only if this form is notified on paper _________________________
Date _________________________ (*) Delete as appropriate
10. Alternative dispute resolution under Art. 14 (1) ODR-VO and § 36 VSBG
The European Commission provides an Online Dispute Resolution (OS) platform that Consumers can access at http://ec.europa.eu/consumers/odr/. The Provider is not obliged to take part in a dispute resolution procedure before a consumer arbitration body. The Provider does not take part in dispute resolution procedures.
11. Final provisions
11.1. The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2. The English version of this General Terms and Conditions is for information purposes only and is not part of any legal transactions. In case of discrepancies between the German and the English version, only the German version shall therefore apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer as a consumer has his habitual residence, remain unaffected.
11.3. 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 is the registered office of the Provider.
11.4. The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions shall apply, if they exist. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Status: September 2020