Status: November 14th, 2022
The website: www.premiumpetproducts.de is owned and operated by or on behalf of Premium Pet Products GmbH, Landsberger Str. 234, 80687 Munich, Germany (hereinafter named Premium Pet Products). Wolfsblut, Wildes Land, Wildcraft, Müller's Naturhof, Natural and Primum are trademarks of Premium Pet Products.
GENERAL TERMS AND CONDITIONS OF PREMIUM PET PRODUCTS
1. GENERAL, SCOPE OF APPLICATION
1.1 These general terms and conditions ("GTC") apply to all our business relations with our customers (hereinafter: "buyer") who are entrepreneurs (§ 14 BGB) or a legal entity under public law or a special fund under public law.
1.2 The GTC shall apply to contracts for the sale and/or delivery of movable goods (hereinafter also: "goods"), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB). The GTC shall apply in the valid version at the time of the customer's order - in any case in the version last notified to the customer in text form - as a framework agreement also for similar future contracts, without us having to refer to the validity of these GTC again in each individual case.
1.3 Our GTC 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 in writing, i.e., in written or text form (e.g., letter, e-mail, fax). This requirement of consent shall apply in any case, for example even if we conduct the delivery to the buyer without reservation in the knowledge of the buyer's GTC.
1.4 Individual agreements made with the buyer in individual cases (including collateral agreements, supplements, and amendments) shall in any case take precedence over these GTC. The content of such agreements shall be governed - subject to proof to the contrary - by a contract or our confirmation in writing or text form (e.g., letter, e-mail, fax).
2. CONCLUSION OF CONTRACT
2.1 Our offers are - unless otherwise stated - always subject to change and non-binding. This shall apply both to our offers on our website and if we have provided the buyer with catalogs, product descriptions or other documents - also in electronic form.
2.2 The order of the goods by the buyer shall be deemed to be a binding offer of contract. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within five (5) working days after receipt by us.
2.3 Acceptance may be declared either in writing (e.g., by order confirmation) or by the delivery of the goods to the buyer. Our order confirmation shall be deemed to be a binding acceptance unless we declare something else in the order confirmation.
2.4 The subject matter of the contract shall be the goods and other services specified by us in the order confirmation.
2.5 After our order confirmation, changes and additions to the order requested by the buyer shall only be possible after a separate agreement between us and the buyer.
2.6 Communication with the buyer during the conclusion of the contract shall regularly take place by e-mail. The buyer shall therefore ensure that the e-mail address provided by him is correct and that he also receives our e-mails. It is incumbent upon him to configure any spam filters used for the receipt of our e-mails accordingly.
3. ORDER SERVICE, CONTACT
3.1 Contact options:
by e-mail: email@example.com
by telephone: +49 (0)89 809 11 56 49 (Mon-Thu: 9.00 - 17.00; Fri: 9.00 - 15.00)
by fax: +49 (0)89 809 11 56 87
Orders are accepted exclusively via the online store, by e-mail or fax.
3.2 Personal contact and individual advice are an important part of our high-quality products. Therefore, we ask new customers to contact our sales team before placing their first order. We will then be happy to take the buyer's details and provide him with all relevant information about our product portfolio and conditions.
4. PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise agreed in individual cases, our prices current at the time of conclusion of the contract shall apply. The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
4.2 Our prices are ex warehouse and are shown in our price list. Shipping costs shall be borne by the buyer. Any customs duties, fees, taxes, and other public charges shall also be borne by the buyer.
4.3 The minimum order value for each order is EUR 150.00 net (after any discount deduction), whereby we sell our products only in full packaging units.
4.4 For shipping within Germany, a shipping fee of EUR 7.90 net is charged for an order value below EUR 250.00 net. From an order value of EUR 250.00 net, we deliver free of shipping costs throughout Germany.
4.5 The purchase price is to be paid without deduction within 10 days from the date of invoice and delivery or acceptance of the goods. However, we shall be entitled at any time - also within the scope of an ongoing business relationship - to make a delivery in whole or in part only against advance payment or adequate security, e.g., in the form of a guarantee. We shall declare a corresponding reservation at the latest with the order confirmation. First orders cannot be executed against open invoice. In these cases, we deliver against prepayment. In case of prepayment, we will send the invoice to the buyer by e-mail. The goods will be released for shipment only after the receipt of money on our account.
4.6 The following payment options are available to the buyer:
on account (incl. SEPA direct debit mandate)
4.7 For payment, the bank details indicated on the current invoice must be used. The buyer must indicate his name, the customer number and the invoice number as purpose of transfer, so that we can assign the receipt of payment of the order to the buyer.
4.8 The deduction of a discount requires a special written agreement (in writing or text form, e.g., letter, e-mail, fax).
4.9 The buyer shall be in default without reminder if he does not make payment within 14 days after the due date and receipt of an invoice or an equivalent payment schedule; if the date of receipt of the invoice or payment schedule is uncertain, the buyer shall be in default at the latest 14 days after the due date and the receipt of the goods. The relevant time of performance shall be the time of the receipt of the money on our account. If, after the conclusion of the contract, it becomes apparent that the fulfillment of our payment claims is seriously jeopardized due to the buyer's inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary, after setting a deadline - to withdraw from the contract (§ 321 BGB).
4.10. During the period of default, the purchase price shall bear interest at the statutory default interest rate of 9 percentage points above the base interest rate. We shall charge a reminder fee of EUR 2.50 for each reminder sent to the buyer after the occurrence of default. In addition, we shall be entitled to payment of a lump sum of EUR 40.00 in the event of default within the meaning of § 288 para. 5 BGB. This shall also apply if the claim for payment is a payment on account or other payment by installments. The lump sum shall be credited against any claim for damages in excess thereof, as far as the damage is due to costs of legal prosecution.
5. DELIVERY SERVICE AND DELAY IN DELIVERY
5.1 The delivery period shall be agreed individually or stated by us upon acceptance of the order. If this is not the case, the delivery period shall be 2 weeks from the conclusion of the contract.
5.2 The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover at the latest. However, in the case of sale by delivery to another place than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the buyer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Insurance for the transport of the goods shall be taken out by the buyer himself.
5.3 We shall be entitled to make partial deliveries to an extent reasonable for the buyer, which shall be deemed to be partial performance. We shall bear any additional shipping costs caused by partial deliveries.
5.4 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the buyer of this without delay and at the same time inform him of the expected new delivery deadline. If the service is 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. A case of non-availability of the performance in this sense shall be deemed to be the failure of our supplier to deliver on time, if neither we nor our supplier are at fault or if we are not obliged to procure in the individual case. Legal claims and rights of the buyer remain unaffected.
5.5 We shall not be liable for the impossibility of delivery or delays in delivery if these are caused by force majeure. Force majeure is any unforeseeable event beyond our control which prevents us in whole or in part from fulfilling our obligations, including fire damage, epidemics, and pandemics (in particular COVID-19), changes in the law and official decrees, floods, strikes and lawful lockouts as well as operational disruptions not caused by us. Supply difficulties and other performance disruptions on the part of our upstream suppliers shall only be deemed to be a case of force majeure if our upstream supplier is in turn prevented by force majeure from rendering the performance incumbent upon it. The events described in this clause shall extend the delivery period to a reasonable extent.
5.6 The rights of the buyer pursuant to clauses 8 and 12 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.
6. DELIVERY, TRANSFER OF RISK, ACCEPTANCE, DEFAULT OF ACCEPTANCE
6.1 Delivery shall be made ex warehouse, which is also the place of performance (§ 269 para. 1 BGB) for the delivery and any subsequent performance. Upon request and - unless otherwise agreed - at the buyer's expense, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we shall be entitled to determine the type of shipment (transport company, shipping route, packaging) ourselves.
6.2 Shelf displays provided by us free of charge, but not exclusively so-called displays, grids, snack trees, shall remain our property. We are entitled to reclaim the shelf displays at any time with a notice period of 2 weeks. If shelf displays have been damaged or disposed of by the purchaser in the meantime, we shall be entitled to invoice the shelf displays retrospectively in accordance with the currently valid price list.
6.3 From an order value of EUR 800.00 net, we deliver the goods on pallets, below that in parcel shipment.
6.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover at the latest. In the case of sale by delivery to another place than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall, however, pass to the buyer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
6.5 If the buyer is in default of acceptance, culpably violates other duties to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses (e.g., storage costs). Further claims or rights remain reserved. If the purchaser is in default of acceptance, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor's delay. If deliveries or partial deliveries without a specific performance period have been agreed on a call-off basis and the buyer does not call off the agreed deliveries or partial deliveries within reasonable call-off dates customary in the trade, we may request the buyer to call off the goods. If the buyer does not comply with this request even within a reasonable period set by us, we shall be entitled to withdraw from the contract and to claim damages.
6.6 From the time of delivery, the buyer shall be responsible for compliance with all relevant statutory, official, and official medical regulations, guidelines and recommendations concerning the handling of the goods during loading and unloading, transport, storage, sorting and packaging as well as concerning export and import. The buyer may make public statements about our products and their properties, in the context of advertising or labeling the products, only in accordance with the product information provided by us and only in an appropriate form. The correct designation when reselling the goods is the responsibility of the buyer in the event of differing local and commercial customs.
6.7 Reusable load carriers such as, inter alia, exchange pallets (e.g., EURO/EPAL pallets), pool pallets (e.g., CHEP ¼ display pallet) or lattice boxes shall not become the property of the purchaser. Rather, the buyer undertakes to exchange the delivered exchange pallets directly upon delivery, to register pool pallets with the corresponding pool provider and to keep lattice boxes and return them to the logistics provider upon the current delivery. Regarding exchange pallets, the Cologne and Bonn exchange procedures are accepted. The regulations regarding pool pallets are based on the specifications of the respective pool providers. If the exchange pallets are not exchanged or are exchanged in an unacceptable condition (according to GS1 Germany quality classification for the open pallet exchange pool), we will charge a flat rate of EUR 9.50 for each pallet.
7. RETENTION OF TITLE
7.1 We reserve title to the goods sold until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship with the buyer (secured claims).
7.2 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 shall notify us in writing without delay if an application is made to open insolvency proceedings or if third parties (e.g., seizures) seize goods belonging to us.
7.3 In the event of any breach of contract by the buyer, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand surrender of the goods based on the retention of title. The demand for return does not at the same time include the declaration of withdrawal; we are entitled to demand only the return of the goods and to reserve the right of withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions. The costs of surrender shall be borne by the buyer.
7.4 Until revocation by us, the buyer shall be entitled 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.
7.4.1 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.
7.4.2 The buyer hereby assigns to us by way of security any claims against third parties arising from the resale of the goods or the product in total or in the amount of any co-ownership share of ours pursuant to the preceding paragraph 7.4.1. We hereby accept the assignment. The obligations of the buyer set out in clause 7.2 shall also apply in respect of the assigned claims.
7.4.3 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 and we do not assert the retention of title by exercising a right pursuant to clause 7.3. If this is the case, however, we may demand that the buyer informs 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. Furthermore, 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.
7.4.4 If the realizable value of the securities exceeds our claims against the buyer by more than 10%, we shall release securities of our choice at the buyer's request.
8. CLAIMS FOR DEFECTS OF THE BUYER
8.1 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), unless otherwise provided in the following. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the unprocessed goods to a consumer, even if the consumer has processed them further (supplier recourse pursuant to §§ 478 BGB). Claims arising from supplier recourse shall be excluded if the defective goods have been further processed by the buyer or another entrepreneur (e.g., by incorporation into another product).
8.2 The basis of our liability for defects is above all the agreement reached on the quality of the goods. The product descriptions designated as such (including those of the manufacturer) which were provided to the buyer prior to his order, or which were included in the contract in the same way as these GTC shall be deemed to be an agreement on the quality of the goods.
8.3 The buyer's claims based on defects shall be subject to the condition that he has complied with his statutory obligations to examine the goods and to give notice of defects (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or later, we shall be notified thereof without undue delay in writing (written or text form, e.g., letter, e-mail, fax) (including evidence), whereby timely dispatch of the notification shall suffice to meet the deadline. In any case, obvious defects shall be notified in writing within three (3) working days from delivery and defects not detectable upon inspection within the same period from discovery. For the purposes of this clause, working days are all days from Monday to Friday except for public holidays at the buyer's place of business. If the buyer fails to duly inspect and/or notify the defect, our liability for the defect not notified or not notified in due time or not notified in due form shall be excluded according to the statutory provisions.
8.4 If the delivered item is defective, we may choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering an item free of defects (replacement). Our right to refuse subsequent performance under the statutory conditions shall remain unaffected.
8.5 We shall be entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer shall be entitled to retain a part of the purchase price which is reasonable in relation to the defect.
8.6 The buyer shall give us the time and opportunity required for the subsequent performance owed, to hand over the goods complained about for inspection purposes. In this respect, the buyer undertakes to cooperate in the event of a complaint. In the event of a replacement delivery, the buyer shall return the defective item to us in accordance with the statutory provisions.
8.7 We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, if a defect is actually detectable. If, however, a request by the buyer to remedy a defect turns out to be unjustified, we shall be entitled to demand reimbursement from the buyer of the costs arising therefrom, unless the lack of defectiveness was not apparent to the buyer.
8.8 If the supplementary performance has failed or if a reasonable deadline to be set by the buyer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there shall be no right of rescission.
8.9 Claims of the buyer for damages or reimbursement of futile expenses shall also exist in the case of defects only in accordance with clause 12 and shall otherwise be excluded.
Before returning the goods, the buyer should always contact us with the customer number, invoice number and reason for the return under
by e-mail: firstname.lastname@example.org
10.1 During the existence of the business relationship, the buyer shall be entitled to use the images, texts, and videos ("Materials") made available to him by us free of charge in accordance with the following terms and conditions. For this purpose, we grant the buyer a non-exclusive, revocable right to make the materials publicly available on Internet sites on which we have agreed in writing, i.e., in written or text form (e.g., letter, e-mail, fax), to advertise our products. The buyer shall also be entitled to conduct all acts of reproduction necessary for the internet publication.
10.2 The buyer shall not be entitled to make any further use of the materials; in particular, the buyer shall not be entitled to grant sublicenses or to process the materials made available to him. Furthermore, the license does not entitle the buyer to use the materials without our written consent (i.e., in writing or text form, e.g. letter, e-mail, fax) for advertising our products on other Internet sites, in particular on third-party sales portals, such as eBay or Amazon.
10.3 We reserve the right to revoke the granting of the simple right of use at any time without giving reasons. This shall apply if the right of use is exercised in a manner contrary to our corporate interests or if the afore mentioned conditions are not complied with. In the event of revocation, the purchaser shall immediately cease use and immediately delete all files containing the materials. If third parties claim infringement of rights by the materials and we therefore revoke the rights of use, they shall be entitled to further claims because the buyer has not deleted the materials in a timely and comprehensive manner despite our revocation, the buyer shall indemnify us against such claims and reimburse us for the costs of a reasonable legal defense.
10.4 The buyer is not entitled to remove or change our product labels or to distribute our products under a different brand name. Likewise, the additional affixing of his own label or that of a third party is not permitted. Furthermore, he is not entitled to repackage our goods in other packaging and/or to put them into circulation. In the event of any modification of our products, any warranty on our part shall expire. If the buyer removes or changes the label and/or repackages and/or circulates the products, this shall constitute grounds for immediate termination of the business relationship by us. In this case, the purchaser also undertakes to pay us a contractual penalty of EUR 50.00 per package sold. We reserve the right to assert further claims for damages against which the contractual penalty will be offset.
11. SECRECY, DATA PROTECTION
11.1 All contractual and personal data - whether in written, verbal, or other form - are subject to secrecy, even if they are not marked accordingly. The buyer shall use such data exclusively for contractual purposes and treat them confidentially unless the data is generally accessible.
11.2 The buyer shall oblige employees and vicarious agents to the same extent to maintain secrecy as far as they come in contact with the contractually owed performance. The buyer undertakes to maintain secrecy about the data that have become known, even after the end of the contractual relationship.
11.3 Goods which have been or will be manufactured according to documents, information, drawings, or models designed or provided by us may neither be used by the buyer himself nor offered or delivered to third parties.
12. OTHER LIABILITY
12.1 Unless otherwise provided in these GTC including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
12.2 We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g., care in own affairs; insignificant breach of duty):
for damages resulting from injury to life, body, or health (of a human being),
for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies on and may rely); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage.
12.3 The limitations of liability resulting from 12.2 shall not apply as far as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same shall apply to claims of the buyer under the Product Liability Act.
12.4 The above limitations and exclusions of liability shall apply to the same extent in favor of our legal representatives, employees, and other vicarious agents.
12.5 The buyer may only withdraw from or terminate the contract due to a breach of duty which does not consist of a defect if we are responsible for the breach of duty. Otherwise, the statutory requirements and legal consequences shall apply.
13. CHOICE OF LAW AND PLACE OF JURISDICTION
13.1 These general terms and conditions and all legal relations between us and the buyer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the international sale of goods, and excluding private international law.
13.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from contractual relationships based on these GTC shall be our registered office, i.e., the registered office of the seller.
13.3 The buyer shall not be entitled to transfer and/or assign rights and obligations arising from the contractual relationship with us to third parties without our prior written consent. This prohibition of assignment does not apply to monetary claims.
Premium Pet Products GmbH; Landsberger Straße 234, 80687 Munich; HRB 227578 (Munich Local Court); Managing Directors: Marco Hierling, Jochen Missel, Christian Maerzke; VAT ID No. DE308345513