General Terms and Conditions

Terms & Conditions can be downloaded here.

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Delivery Conditions
4. Defects
5. Payment Conditions
6. Retention of Title
7. Applicable Law and Jurisdiction
8. Warranty Claims
   

1) Scope of Application

1.1 These General Terms and Conditions for Business Customers (GTC) of vetsak GmbH (hereinafter "vetsak", "we" or "us") shall apply to all business relations of vetsak with our customers (hereinafter "Buyer"). The GTC shall only apply if the Buyer is an entrepreneur (Unternehmer, § 14 BGB), a legal entity under public law or a special fund under public law.

1.2 Contracts with the Buyer shall be concluded exclusively in German or English, depending on which of these languages is the language of negotiation - the corresponding language version shall be decisive for the GTC. English terms to which a German translation has been added shall have the meaning assigned to them by the relevant German term.

1.3 Our General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly consented to their application. This requirement of consent shall apply in any case, for example even if the Buyer refers to its GTC within the scope of the order and we do not expressly object to this.

1.4 Unless otherwise agreed, the General Terms and Conditions in the version valid at the time of the Buyer's order or in any case in the version last notified to him in text form shall also apply as a framework agreement for similar future contracts without us having to refer to them again in each individual case.

1.5 References to the applicability of statutory provisions shall only have a clarifying meaning; the statutory provisions shall continue to apply unless they are directly amended or expressly excluded in these GTCs.

2) Conclusion of the Contract

2.1 Our offers are subject to change and non-binding.

2.2 The order of the goods by the Buyer shall be deemed a binding offer of contract. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within 14 days of its receipt by us.

2.3 The acceptance can be declared either in text form (e.g. by order confirmation) or by delivery of the goods to the Buyer.

3) Delivery Conditions

3.1 The delivery period is agreed individually or stated by us upon acceptance of the order. If this is not the case, the delivery period is approx. 8 weeks from the conclusion of the contract.

3.2 Delivery is free of charge to countries within the European Union. Outside the EU and for deliveries to islands shipping costs of 20% on the order value will be charged.

3.3 vetsak delivers the goods to the corresponding delivery location to the curb. In case of island deliveries, the delivery of the goods by the island carrier shall also be made to the curb. In order to enable delivery, the buyer must provide sufficient parking facilities at the delivery location within the scope of his possibilities. If the goods cannot be delivered to the curb due to local conditions, e.g. lack of parking space, or cannot be delivered to the curb in the usual way, vetsak shall be entitled to refuse delivery to the curb. vetsak must be informed in advance of any foreseeable difficulties for the Buyer.

3.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer at the latest upon handover. The handover to a third party designated by the Buyer is equivalent to this.

3.5 If vetsak is unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the goods), we shall inform the Buyer thereof without undue delay and at the same time notify the Buyer of the expected new delivery deadline. If the goods are also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid by the Buyer. Non-availability of the goods is deemed to be, for example, in the event of late self- delivery by our supplier, if we have concluded a congruent cover transaction, in the event of other disruptions in the supply chain, for example due to force majeure, or if we are not obligated to procure in the individual case.

3.6 For the occurrence of our delay in delivery a reminder by the Buyer is required.

4) Defects

4.1 The statutory provisions shall apply to the Buyer's rights in the event of material defects and defects of title (including wrong delivery and short delivery as well as defective instructions), unless otherwise stipulated below.

4.2 If the delivered item is defective, vetsak may initially choose whether we shall provide subsequent performance by remedying the defect (Nachbesserung) or by delivering an item free of defects (Ersatzlieferung). If the type of subsequent performance chosen by us is unreasonable for the Buyer in the individual case, the Buyer may reject it. Our right to refuse subsequent performance under the statutory conditions shall remain unaffected.

4.3 If the products do not correspond to the ordered products, vetsak shall commission a shipping service provider to pick up the delivery of goods or create return labels for the Buyer. All products must be returned packed in cartons.

4.4 Claims for defects on the part of the Buyer presuppose that he has fulfilled his statutory obligations to inspect and notify (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later time, vetsak shall be notified thereof immediately in writing or in text form. In any case, obvious defects must be reported in writing or in text form within 3 working days from delivery and defects that are not apparent upon inspection within a period of 3 days from discovery. If the Buyer fails to properly inspect the goods and/or notify us of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statutory provisions.

5) Payment Conditions

5.1 Unless otherwise agreed in individual cases, our prices current at the time of conclusion of the contract plus statutory VAT shall apply.

5.2 The purchase price shall be due and payable within 10 days from the date of invoice and delivery of the goods, unless a different payment period is granted in vetsak's invoice, in which case the payment

5.3 We are entitled at any time, also within the framework of an ongoing business relationship, to carry out a delivery in whole or in part only against advance payment. We declare a corresponding reservation at the latest with the order confirmation.

5.4 If an amount is not paid when the invoice is due, the Buyer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to assert further damage caused by default. With respect to merchants (Kaufleuten), our claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.

6) Retention of Title

6.1 Until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (gesicherte Forderungen), we retain title to the goods (Eigentumsvorbehalt) sold.

6.2 The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The Buyer must inform us immediately in writing or in text form if an application is made to open insolvency proceedings or if third parties (e.g. seizures) have access to the goods belonging to us.

6.3 Until revoked in accordance with (c) below, the Buyer shall be authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.

(a) The retention of title shall extend to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same shall apply to the resulting product as to the goods delivered under retention of title.

(b) The Buyer hereby assigns to us by way of security all claims against third parties arising from the resale of the goods or the product in total or in the amount of our co-ownership share, if any, pursuant to the preceding paragraph. We accept the assignment. The obligations of the Buyer set out in 7.2 shall also apply in respect of the assigned claims.

(c) The Buyer shall remain authorized to collect the claim in addition to us. We undertake not to collect the claim as long as the Buyer meets his payment obligations towards us, there is no deficiency in his ability to pay (this is the case, for example, if an application is made to open insolvency proceedings) and we do not withdraw from the contract in accordance with the statutory provisions or/and do not demand the return of the goods on the basis of the retention of title. If this is the case, however, we may demand that the Buyer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment. In addition, in this case we shall be entitled to revoke the Buyer's authorization to further sell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the Buyer's request.

7) Applicable Law and Jurisdiction

7.1 These General Terms and Conditions of Sale and Service shall be governed by German law to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

7.2 The exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship shall be Düsseldorf.

8) Warranty Claims

8.1 If an end customer of the Buyer asserts warranty claims against vetsak, the Buyer shall take over the practical handling with the end customer. Upon assertion of such warranty claims, the Buyer shall immediately inform vetsak in text form and carry out the settlement with the end customer according to vetsak's instructions.

8.2 Warranty claims of the end customer against the buyer ("buyer" means the business customer of vetsak) shall remain unaffected.

11) Alternative dispute resolution

11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.