General terms and conditions
§ 1. General
(1) You recognize these general terms and conditions for the present contract as binding for you. Any deviating agreement requires our express confirmation.
(2) You agree to electronic communication for contractual purposes e.g. in the form of e-mails, SMS, WhatsApp, etc. from us and you also agree that the form for all consents and notifications is preserved through electronic communication, unless mandatory legal regulations stipulate another form.
(3) Furthermore, you waive the assertion of your own purchase conditions. These will not become part of the contract through our silence or through our delivery.
(4) With your order, you declare that you have read and understood the following notice: If your animal needs to take medication or is undergoing veterinary treatment, you should consult your veterinarian before using any food supplements. In particular, clarify the question of whether your animal could possibly have an allergic reaction to the specified ingredients or whether ingredients would influence other therapeutic successes. Do not stop taking medication yourself without first consulting your veterinarian. Dietary supplements are not used to treat diseases and are not a substitute for a varied and species-appropriate diet. Dietary supplements can reduce the risk of developing certain diseases, but they cannot completely rule them out. Published messages from our customers relate solely to their experience and do not represent a prospect of success guaranteed to the customer.
§ 2 conclusion of contract
(1) The representations on our website are offers for the conclusion of a purchase contract for our items, which you accept at the end of the ordering process by clicking the button "order with payment", with the result that this results in a binding purchase contract for the items you have selected Article is closed.
(2) If the order confirmation sent by email has been lost, you can also request your order details from us at any time.
(3) Your contractual partner is GladiatorPlus AG, represented by its Management Board Manuel Kirsch, Edelzeller Straße 86, 36043 Fulda, phone: 0049 (0) 661 - 4804410, e-mail: email@example.com
§ 3 revocation
You are legally acc. Section 312g (1) BGB gives you a right of withdrawal if you are a consumer, since the purchase of goods on the Internet, as in the present case, is a so-called distance contract.
Right of withdrawal:
You can return the goods received without stating a reason within two weeks by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. Only for goods that cannot be sent as parcels (e.g. bulky goods) can you also return them by requesting a return in text form, e.g. B. explain by letter, fax or email. To meet the deadline, it is sufficient to send the goods in time or to request the return. You bear the direct costs of returning the goods. The return or the return request must be made to:
Edelzeller Strasse 86
In the event of an effective return, the services received on both sides must be returned and any benefits used (e.g. benefits of use) must be surrendered. In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is solely due to their inspection - as you could have done in a shop. You can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects their value.
End of revocation
§ 4 packaging and shipping
(1) We ship the goods. Exclusively here, goods from any complaints as well as returns from the right of cancellation listed under § 3 will be accepted.
(2) Unless otherwise agreed, delivery will be made to the address you specified. We will dispatch the goods after payment has been received in full - the order will normally arrive within 4 working days (Monday to Saturday, excluding public holidays) after you have placed your order if the delivery is made to a German address. For deliveries abroad, longer delivery times must be planned accordingly.
(3) The packaging is carried out according to professional and commercial criteria.
(4) You bear the costs for packaging and shipping in addition to the costs of the ordered goods. These costs are expressly shown in the order overview before placing the order. In the case of partial deliveries, the packaging and shipping costs are only calculated once. We determine the transport route and means of transport, unless a special shipping method has been expressly agreed.
(5) If it is not possible to deliver the goods you have ordered to you or to a person who is ready to receive them, the transporter will send the goods back to us after another attempt. There are additional costs for this. You only have to bear these costs as well as the costs of the re-dispatch, which are calculated at a flat rate of € 9.50 if the failed delivery is due to reasons that are your responsibility, e.g. because you entered an incorrect address, the goods could not be delivered repeatedly due to the absence of you or a person ready to receive the goods, etc.
(6) Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied as soon as the shipment reaches the specified destination. Import duties and taxes as well as any additional fees for customs clearance are also borne by us in addition to the costs for packaging and shipping and should be requested from the local customs authorities.
§ 5 payment
(1) Our prices are in euros (€) including VAT.
(2) Payment is only possible in advance by credit card (Visa / Mastercard / Diners Club / American Express / JCB), Paypal, SOFORT Überweisung, direct debit and UPAY / BZA SEPA direct debit as well as cash on delivery. Purchase on account is only possible after separate agreement. None of the possible payment methods incurs additional costs for you on our part, with the exception of cash on delivery, the additional costs of which are expressly shown in the ordering process.
We use the services of Concardis GmbH (www.concardis.com) and BZA AG (www.bza-ag.com) to process payments. The recipient of the payment is GladiatorPLus AG.
Payment by credit card is triggered at the latest as soon as the goods are ready for dispatch in our dispatch warehouse.
To use PayPal as a payment method, you must first register with PayPal if you are not yet a PayPal customer. Registration is free of charge. PayPal offers you buyer protection and reimburses you the full purchase price and shipping costs if the goods have not been sent or do not match the description. You can find more information here: https://www.paypal.com/de/webapps/mpp/privatkunden
The SOFORT transfer works on the basis of online banking. You do not have to register or create a virtual account. It is a direct transfer. To do this, simply select SOFORT Überweisung as a payment option when making your purchase. You will then be automatically redirected to the secure payment form. The transfer data is automatically taken over, all you have to do is enter your bank's routing number and your usual online banking access data and then release the transfer with a TAN. The data is encrypted and transmitted to your online banking account. We receive a real-time confirmation of the transfer of your transfer to your online banking. You can find more information here: https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/
If you have chosen UPAY / BZA payment services and the payment method "SEPA direct debit", you have consented to us providing the following personal data, such as first and last name, address, address, necessary for processing the transaction and an identity and credit check Date of birth, gender, email address, IP address, telephone number and transmitted to UPAY / BZA. This data is transmitted so that UPAY / BZA can create a SEPA direct debit and carry out an identity and credit check to process your purchase. In accordance with the Federal Data Protection Act, UPAY / BZA has a legitimate interest in the transfer of the buyer's personal data and needs this to obtain information from credit agencies for the purpose of identity and credit check.This is in Germany: Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss. D he credit report can contain probability values (so-called Score values). As far as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. We use the result of the credit check with regard to the statistical probability of default for the purpose of deciding on the establishment, implementation or termination of a contractual relationship.
The goods are dispatched, with the exception of cash on delivery and invoice only when we have received payment.
§ 6 liability for defects
(1) You are entitled to legal claims from the Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, you can first request supplementary performance = delivery of a non-defective purchased item. The defective purchased item will be returned to us at our expense. If the subsequent performance fails, you can either reduce the purchase price according to the defect or withdraw entirely from the contract.
(2) If the delivered goods have obvious material defects, you must report these defects to us at the latest within fourteen days after receipt of the goods, stating the errors and with reference to the order number. The decisive time for compliance with this notice period is not the receipt by us, but the postmark or the date of dispatch of the notice of defects. A deficiency is always evident when it is noticed without special attention. The late notification of such obvious defects leads to the loss of warranty rights with regard to such defects. However, the statutory limitation periods apply to non-obvious defects.
We expressly point out that due to your individual monitor settings, there may be deviations in the color rendering of the products in the shop in relation to the goods later delivered to you. This is not a defect that triggers warranty rights.
(3) We are liable for intent, gross negligence and for the guarantees / assurances expressly granted by us. We are only liable for simple negligence in the event of a breach of an essential obligation, whereby the amount of the compensation claims is limited to the predictable, direct damage. We accept no liability for consequential damage, indirect damage (including loss of profit) and unforeseeable damage. The aforementioned limitations of liability expressly do not refer to injuries to life, limb and physical integrity.
(4) Are you a merchant i.S.d. HGB remains unaffected by the special obligation to give notice of defects in commercial transactions in accordance with sections 377, 378 HGB.
§ 7 retention and offsetting
(1) You can only exercise a right of retention with regard to the purchase price if it is based on the same contractual relationship, i.e. from the same order. You are only entitled to offset your own claims against us if we have recognized the counterclaim or it has been legally established.
(2) If you are a merchant i.S.d. Your retention rights are excluded.
§ 8 effectiveness
The ineffectiveness of one or more clauses of these general terms and conditions does not affect the validity of the rest of the contract. The parties are obliged to retrospectively replace the ineffective provision with an effective provision that comes as close as possible to the economic purpose pursued by the ineffective provision.
§ 9 other
(1) All agreements with us are subject to German law. However, this does not apply if a consumer resident abroad orders from us and the above choice of law deprives him of the protection granted to him by the provisions of the country in which he is based. The provisions of the United Nations Convention on International Sales Contracts do not apply.
(2) Our seat is the place of fulfillment for all rights and obligations arising from the business relationship.
(3) If you are a merchant within the meaning of the German Commercial Code, the exclusive jurisdiction of the court at our registered office applies to all disputes arising from the contract.
(4) The platform for online dispute resolution by the European Commission can be found at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.