bosch Tiernahrung GmbH & Co. KG, registered in the commercial register of the local court of Ulm
under HRA 690359, Engelhardshauser Str. 55+57, 74572 Blaufeld-en-Wiesenbach, Phone: +49 (0) 7953 87-0, Email: firstname.lastname@example.org,
VAT ID: DE 145214333
– hereinafter referred to as the "Supplier" or "we" –
1 Scope, definitions
(1) The business relationship between us (hereinafter referred to as the "Supplier") and the customer (hereinafter referred to as the "Customer") is subject exclusively to the following General Terms and Conditions ("GTC") as applicable at the time the order was made. Our GTC apply exclusively. De-viating, conflicting or supplementary terms and conditions imposed by the Customer will not be recognised unless the Supplier expressly agrees to their validity in writing. This requirement of consent shall also apply, if we agree without reservation to make a delivery in full knowledge of the Customer's terms and conditions.
(2) The Customer is a consumer, as long as the purpose of the deliveries and services ordered cannot be attributed to the Consumer's commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, on conclusion of the contract, exercises their commercial or independent professional activity.
2. Placing an order/conclusion of contract
(1) On the website 'shop.bosch-tiernahrung.de', the Customer can select products from the Supplier's range, in particular pet food and pet accessories, and place them in a so-called shopping basket using the 'Add to shopping basket' button. The Customer can access the web page of this shopping basket by clicking on a pictogram representing a stylised shopping basket. In the shopping basket, the Customer sees a summary of their collected products as well as the prices offered for them (both net and gross prices as well as the total gross amount for the entire shopping basket's content) and can still change or delete the respective order quantities. Via the 'Continue to checkout' button, they reach a web page on which they can log in as an existing customer via the 'register' button or can continue the ordering process without a customer account and enter their delivery information for continuing the ordering process and shipping (in particular, email address, name, billing and delivery address). The Customer then reaches a web page via the 'Next' button, on which they can select their desired payment method from various predefined payment methods and enter the required infor-mation regarding the payment via another button, as well as provide information regarding discount campaigns or gift card balances. Furthermore, on this web page, the Customer is once again shown a final overview of the essential information regarding their order, in particular on the individual goods, the prices of the goods, shipping costs and the Customer's delivery address. Finally, the Customer submits a binding offer to buy the goods in the shopping basket by clicking the 'Buy now' button. Before submitting the order (i.e., before clicking the 'Buy now' button), the Customer can change the order data at any time by going back in the order process. The order can only be sub-mitted and sent (by clicking on the 'Buy now' button) if the Customer has ticked the box during the ordering process before entering their payment information, in order to accept the validity of our GTC and data protection information (which also have a link there), thereby including them in their order. If the Customer has not already logged in with an existing customer account during the ordering process, they have the option of creating their own customer account after submitting the order. To do this, they have to click on the 'Create account' button.
(2) The Supplier then sends the Customer an automatic acknowledgement of receipt by email, in which the Customer's order is listed again and which the Customer can print out. The automatic acknowledgement of receipt merely documents that the Customer's order has been received by the Supplier and does not constitute acceptance of the order. The contract is only finalised when the Supplier sends an express declaration of acceptance to the Customer with a separate email (order confirmation) or sends the ordered goods to the Customer without reservation. By means of the order confirmation or at the latest, however, 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 (email or hard copy). The text of the contract will be stored by us in compliance with data protection legislation. The Customer shall also receive their invoice and a shipping confirmation by email (separately or together with the order confirmation).
(3) The contract is concluded in German or English.
3 Delivery, availability of goods
(1) The delivery times indicated by us are calculated from the date we accept the order, assuming payment of the purchase price has been made in advance. If no other delivery time is indicated in our online shop for the goods ordered, the delivery time is 3 business days.
(2) If any of the selected products are not available at the time the Customer places an order, the Supplier will inform the Customer immediately in the order confirmation email. If the product is permanently out of stock, the Supplier will not issue an acceptance declaration. In such cases, a contract is not concluded.
(3) If the product ordered is only temporarily unavailable, the Supplier will likewise immediately inform the Customer in the order confirmation.
(4) We are not obliged to deliver goods to the Customer if we do not receive the goods correctly and on time from our suppliers. However, we can only invoke this against the Customer if we have con-cluded a congruent hedging transaction with our supplier, have been abandoned by our supplier and are not responsible for non-deliveries or late deliveries. Insofar as we can invoke this self-delivery reservation, the Customer is not obliged to pay or shall receive a reimbursement of payments already made.
(5) The following delivery restrictions apply: The Supplier only delivers to Customers who are ordinarily residents (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany and Austria.
4 Reservation of proprietary rights
Until full payment has been made, the delivered goods remain the Supplier's property.
5 Prices and shipping costs
(1) All prices stated on the Supplier's website are inclusive of the applicable statutory value added tax (unless separately stated during the ordering process).
(2) Shipping costs (delivery costs) can first be seen by the Customer on the order page and are to be borne by the Customer, as far as the Customer does not exercise their right of cancellation. For deliveries within Germany, the delivery is free of shipping costs from a goods order value of EUR 29.00 and for deliveries to Austria from a goods order value of EUR 49.00 and in each case on the condition that the contract is not subsequently cancelled by the Customer; otherwise, the delivery costs to be borne by the Customer are in all cases EUR 5.29.
(3) All orders are shipped by post. Any shipping risks shall be borne by the Supplier if the Customer is a consumer.
(4) In the event of cancellation, the Customer shall bear the direct costs of returning the shipment. If the delivery to the Customer was originally free of shipping costs on the basis of the value of the goods ordered (see paragraph 2 (2)), then the Customer may be charged EUR 5.29 for the delivery in the event of a cancellation.
6 Terms of payment
(1) The Customer may pay using PayPal, Mastercard, VISA, GiroPay or PayDirekt.
(2) The Customer can change the payment method stored in their user account at any time.
(3) The purchase price is payable immediately upon conclusion of the contract. If a calendar date has been specified for payment, the Customer will be in default if the deadline is not observed. In this case, they are to pay the Supplier interest on arrears for the year in the amount of 5 percentage points above the respective base interest rate.
(4) The obligation of the Customer to pay interest on arrears does not exclude the assertion of further default damages by the Supplier.
7 Warranty for defects, guarantee
(1) The Supplier is liable for defects in accordance with the applicable statutory provisions, in particular Sections 434 et seqq. of the German Civil Code (BGB). The warranty period for items supplied by the Supplier to entrepreneurs is 12 months.
(2) An additional guarantee for the goods sold and shipped directly from the Supplier only exists if this is explicitly stated in the order confirmation covering the respective products.
(1) Claims of the Customer for damages are excluded. This excludes customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obli-gations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the Supplier, their legal representatives or agents. Material contractual obligations are those whose fulfilment is necessary to ensure fulfilment of the contract.
(2) In the event of a breach of material contractual obligations, the Supplier shall only be liable for predictable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs1 and 2 also apply to the Supplier's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs1 and 2 do not apply if the Supplier maliciously concealed the defect or assumed a guarantee for the item's quality. The same shall apply if the Supplier and the Customer have reached an agreement on the nature of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
9 Cancellation policy
(1) Consumers generally have a statutory right of cancellation in distance selling transactions, a right which the Supplier must notify them of as per the statutory provisions. The exceptions to the right of cancellation are set out in paragraph (2). A sample cancellation form can be found in paragraph (3).
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, have taken possession of the goods.
In order to exercise your right of cancellation, you must inform us (bosch Tiernahrung GmbH & Co. KG, Engelhardshauser Str. 55+57, 74572 Blaufelden-Wiesenbach, Phone: +49 (0) 7953 87-0, fax: +49 (0) 7953 87-70, email: email@example.com) by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached sample cancellation form, which is not mandatory.
To comply with the cancellation period, it is sufficient to send the notification that you are exer-cising your right of cancellation before the cancellation period expires.
The consequence of the cancellation
If you cancel this contract, we will refund all payments we have received from you, including shipping costs (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive the notification of cancellation. For this reimbursement, we use the same means of payment that you used in the original transaction, unless expressly agreed upon with you otherwise; in no case will you be charged fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this diminished value was caused by you from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of cancellation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, and contracts for the delivery of sealed goods, which are not suitable for return on grounds of health or hygiene, if their seal was removed after delivery.
(3) The following sample cancellation form is provided by the Supplier as per statutory provisions:
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
— To [insert the name, address and, if applicable, the fax number and email address of the entrepreneur]:
— I/we (*) hereby cancel 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 the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
— Date (*) Delete as appropriate
10 Final provisions
(1) For agreements between the Supplier and the Customer, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods, irrespective of the language of the contract. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Cus-tomer has their standard place of residence as a consumer, shall remain unaffected.
(2) Provided that 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 Supplier is the Supplier's main office, i.e., 74572 Blaufelden-Wiesenbach.
(3) Even if individual provisions are or become legally invalid, the contract shall remain binding in its remaining parts. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.