Terms of service
Contractual Terms and Conditions for Sales Contracts Concluded via the Shopify Platform
between
Inuvet GmbH, Berner Weg 7–25, 79539 Lörrach, Germany, registered in the Commercial Register of the Local Court of Freiburg im Breisgau under HRB/A 708039, represented by Christoph Schütz, Philipp Müller, VAT identification number: DE 279249700 - hereinafter referred to as "Provider" -
and
the customer designated in §2 of the contract - hereinafter referred to as "Customer" -
§1 Scope of Application, Definitions
(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), only the following General Terms and Conditions in the version valid at the time of the order shall apply. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§2 Conclusion of Contract
(1) The Customer can select products from the Provider's assortment, in particular feed supplements, care products, and other products from the area of pet supplies and health, and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the "Order with obligation to pay" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these contractual terms and conditions by clicking the button "I have read and agree to the General Terms and Conditions and the Cancellation Policy." and thereby includes them in their offer.
(2) The Provider will then send 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 using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded upon the Provider's declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC, and order confirmation) will be sent to the Customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the German language.
§3 Delivery, Goods Availability
(1) Delivery times indicated by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is indicated for the respective goods in our online shop, it is 2-3 working days.
(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall immediately inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also immediately inform the Customer of this in the order confirmation.
(4) The following delivery restrictions apply: The Provider only delivers to Customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany, Austria, Switzerland, Belgium, Luxembourg, Ireland, Spain, France, Netherlands, Japan, United Kingdom.
§4 Retention of Title & Set-off
(1) The delivered goods remain the property of the Provider until full payment.
(2) Insofar as the Customer is an entrepreneur (in particular veterinarians, veterinary practices, and associations), the purchased products may only be used for sale to end customers within the company. Resale to other dealers or resellers is not permitted.
(3) The Customer is only entitled to set-off insofar as their counter-claim has been legally established, is undisputed, or is derived from the same contractual relationship.
(4) Paragraph 3 does not apply if the Customer is a consumer within the meaning of §13 BGB (German Civil Code). The statutory provisions apply to consumers.
(5) The Customer may only assert a right of retention insofar as it is based on claims from the same contractual relationship.
§5 Prices and Shipping Costs
(1) All prices stated on the Provider's website are inclusive of the applicable statutory value-added tax.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer exercises 3their right of withdrawal.
(3) The goods are shipped by postal delivery. The Provider bears the shipping risk if the Customer is a consumer.
(4) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.
§6 Terms of Payment
(1) The Customer can make payment by direct debit or invoice.
(2) The Customer can change the payment method stored in their user account at any time.
(3) The purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, they shall pay the Provider default interest of 5 percentage points above the base rate for the year.
(4) The Customer's obligation to pay default interest does not exclude the assertion of further default damages by the Provider.
§7 Liability for Material Defects, Guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §434 ff. BGB. The warranty period for items delivered by the Provider to entrepreneurs is 12 months.
(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective item.
§8 Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer resulting 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, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the claims for damages by the Customer result from injury to life, body, or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies insofar as the Provider and the Customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§9 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the Provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
Inuvet GmbH
Berner Weg 7–25
79539 Lörrach
Germany
E-Mail: info@inuvet.com
Phone: +49 7621 57915-10
Fax: +49 7621 57915-12
by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
You can use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of goods that are liable to rapid deterioration or whose expiry date would be quickly exceeded, as well as to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) The Provider informs about the model withdrawal form according to the statutory regulation as follows:
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
— To Inuvet GmbH
Berner Weg 7–25
79539 Lörrach
Germany
E-Mail: info@inuvet.com
Phone: +49 7621 57915-10
Fax: +49 7621 57915-12
— I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service ()
— Ordered on ()/received on ()
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for notification on paper)
— Date
() Delete as appropriate
§ 10 General Terms and Conditions for the Vet Portal
(1) This clause only applies to veterinarians / veterinary practices / companies.
(2) Within the scope of certain promotions by the Provider, veterinarians, veterinary practices, or companies have the opportunity to participate in these promotions. Insofar as they participate in promotions with the Provider, the individually defined terms and conditions of participation for the respective promotion must be adhered to.
(3) Notwithstanding the individual terms and conditions of participation, the following basic conditions, which must be observed by the veterinarians / veterinary practices / companies, apply to all promotions of the Provider:
(a) The customers of the veterinarian / veterinary practice or company must be informed about the promotional nature of the action.
(b) The customers of the veterinarian / veterinary practice / company must be informed about the data protection relevant disclosure of their data to the Provider.
(c) If the promotion is a paid advertising partnership or if the veterinarian / veterinary practice / company receives a benefit for the advertising, the customers must also be informed of this.
(4) Within the scope of participation in the promotion "Veterinarian Recommendation", the participating veterinarians / veterinary practices / companies receive, for every sale of a product of the Provider participating in the promotion that is actually attributable to their recommendation (not revoked), either a credit on their next order or a payout amounting to 10% of the net turnover.
(5) Within the scope of participation in the promotion "Veterinarian Recommendation", the Provider is entitled to include the participating veterinarians / veterinary practices / companies in a database viewable by end customers and to contact them accordingly or mediate contact with the end customer in the event of a recommendation/contact request by an end customer.
(6) The participating veterinarians / veterinary practices / companies are obliged to adhere to all professional and materially required aspects of advising the end customers.
(7) The Provider is entitled at any time to terminate ongoing promotions or to exclude products or participants from participating in promotions.
§11 Final Provisions
(1) Contracts between the Provider and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their habitual residence, remain unaffected.
(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 is the Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. In place of the invalid points, the statutory provisions apply, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes invalid.