General Terms and Conditions of Business for the Commodity Trade
1. ScopeThe following GTC's apply to our on-line shop.2. Contractual partners, conclusion of the contractThe sales contract is concluded with the firm of EQUOVIS GMBH.
The sales contract comes into existence when the order has been confirmed in an e-mail subsequent to the placing of an order.
A binding contract can come into existence prior to this.
If you have selected the PayPal payment option, the contract comes into existence at the time of your confirmation of the payment instruction to PayPal.
The goods on offer are sold only in quantities for household use and only to persons of legal age. EQUOVIS GMBH reserves the right to decline extensive order requests on commercial grounds - without any need to give reasons.3. Properties and condition of the goods
1. Structural modifications and modifications in shape of the delivery item are reserved, insofar as the delivery item is not materially altered and the modifications are reasonable for the buyer.
2. Models, trials, analysis data and other indications of quality of the seller are in the context of what is customary in the trade within the de facto range to be encountered in the corresponding values in dimensions, colour, quality, chemical composition and mode of action of the goods delivered.
3. We give a warranty for the properties and condition, the shelf life or the yield of the delivery item only by means of an express statement, however not by virtue of the content of product specifications, technical data and other printed matter and information. The seller shall be responsible for public statements, in particular in advertising, only if it has issued these statements. Moreover, an obligation to assume liabilities shall arise only if the advertising has also de facto influenced the customer's decision to buy.
4. PaymentOur shop offers the following methods of payment:
Payment in advance
Payment is made in advance by credit transfer. On receipt of payment the goods are despatched by the seller.
You pay the invoiced amount via the PayPal on-line access provider. You must as a matter of principle be registered with PayPal or register with them for the first time, prove your identity with your access data and confirm the payment instruction to us. Further instructions shall be issued to you during the order transaction.
You credit card is debited when we despatch the goods to you.
Purchase on invoice
You transfer the payment only on receipt of the goods.
In this case your data is forwarded to SCHUFA, SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, for the purpose of checking your creditworthiness.
In the case of purchase on invoice the purchase price become due for payment on the date of receipt of the delivery by the customer. The invoiced amount must be transferred within 7 days to the seller.5. Delivery period and default
1. The delivery period begins on the date of signature of a written sales contract or the despatch of the order confirmation, however not before the buyer has provided the documents, permits, releases to be secured by him and not before receipt of the agreed deposit.
2. The delivery period shall be extended - including during delays - to a reasonable extent in the case of measures to deal with industrial action, in particular strikes and lock-outs and on the occurrence of unforeseen obstacles, which are beyond the control of the seller, insofar as such obstacles demonstrably have a material impact on the delivery of the object purchased and the seller bears no fault.
3. Compliance with the delivery period presupposes the fulfilment by the buyer of the contractual duty in existence until delivery.
4. The seller has a right to withdraw in the case where its supplier fails to fulfil its duty to deliver or fails to fulfil this duty in proper from, provided that the contract for delivery concluded between seller and supplier promised security for timely supply in proper form to the seller to the same extent as has been agreed in the relationship between seller and buyer in accordance with the present contract (covering transaction).
6. Collection by customerWe supply only by way of despatch. We regret that collection of the goods by the customer of the goods is not possible.7. Warranty and notices of defects
1. The seller issues a warranty for the delivery object in accordance with the statutory provisions, provided that the buyer commits no breach of duty or tort and nothing has been subsequently agreed otherwise.
2. The following applies to consumers:
2.1. The claims and rights of the buyer in the case of defects in a pre-owned, mobile delivery item become subject to the statute of limitations subject to the provisions in Clause 7, No. 4 in one year from the passing of the risk.
2.2. Consumers must give notification of obvious defects within a period of one month from receipt of the goods. Timely despatch is sufficient to prove that the time-limit has been met. If notification is not received within this period, the warranty rights for obvious defects shall expire. This shall not apply in the case of fraud by the seller.
3. The following applies to companies:
3.1. Any warranty whatsoever is excluded in the case of the sale of pre-owned, mobile delivery items.
3.2. The claims and rights of the buyer in the case of defects in mobile, newly manufactured delivery items become subject to the statute of limitations subject to the provisions in Clause 7, No. 4 in one year from the passing of the risk.
3.3. For defects, which materially reduce the value of the goods or their suitability for the use presumed in the contract, in the first instance the seller may at its discretion offer subsequent delivery or rectification of the defect. In the case of insignificant defects instead of supplementary performance the seller may reduce the price.
3.4. If supplementary performance is not successful, the buyer has the right to reduction of the price, withdrawal and/or compensation in damages in place of performance only if prior to exercising these rights it has set the seller in writing a period of grace of at least 14 calendar days. Furthermore, these rights presume that the buyer has unequivocally threatened the seller that it shall not accept supplementary performance once this period of grace has expired. The present provision (Clause 7, 3.4) shall not apply, if the setting of a period of grace is superfluous in accordance with the law.
3.5. The buyer must examine the goods immediately on delivery by the seller, insofar as this is feasible in the ordinary course of business and, if a defect is apparent, notify the seller without delay. If the buyer fails to notify, the goods are deemed to have been accepted, unless the defect was of a nature impossible to identify by means of the examination. If a defect of this nature becomes apparent subsequently, the defect must be notified without delay after its discovery; otherwise the goods shall be deemed to have been accepted.
4. The foregoing provision on the exclusion of the buyer's claims for defects and the statute of limitations shall not apply to claims for compensation in damages in case of culpable intent or gross negligence or in the case of injury to life, limb or health. It shall also not apply to defects in items, which in accordance with their normal manner of use are used in building (Section 438 Para. 2 No. 1 German Civil Code).
8. Special agreements
For buyers, who are registered traders, the Hamburg Animal Feed Contract Note No. I a applies on a supplementary basis. Small discrepancies or modifications in the mixing ratio are not a ground for complaint.
9. Retention of titleUntil payment has been received in full, the goods remain our property.10. Language of the contractThe language available for conclusion of the contract is German.11. DisclaimerOn its Internet presence EQUOVIS GMBH provides links to other websites, which are operated by third parties. The contents of these websites do not originate from EQUOVIS GMBH and do not reflect its opinion. EQUOVIS GMBH expressly states that it has no influence on the design and contents of the linked sites. Therefore it hereby distances itself expressly from all the contents of the linked sites, to which links exist on its home page and declines all responsibility for these linked sites. This applies in particular to the case, in which through the use of the EQUOVIS GMBH website offers the user may stumble across the contents of third party suppliers and may find those contents offensive or improper.
Accordingly, EQUOVIS GMBH accepts no liability whatsoever for the contents of sites linked to EQUOVIS GMBH's own site.12. Copyright and labelling rightsThe offer on this website is provided and monitored by EQUOVIS GMBH, Industrieweg 110, 48155 Münster, e-mail: email@example.com.
All data, information and material on this site, pictograms/images, illustrations, audio and video clips, brochures are protected by copyright, trademark and other rights with respect to intellectual property, which are held or controlled by EQUOVIS GMBH or other parties and for which EQUOVIS GMBH has been granted licenses. This material/this data may not be copied, reproduced, republished, uploaded, forwarded, assigned or disseminated in any other way, including e-mail and other electronic means. Unless prior consent has been obtained from EQUOVIS GMBH, modification of the data, information and material, their use on other websites or on computing environments linked by a network and their use for other than personal, non-commercial purposes constitute a breach of copyright, trademark and other intellectual property rights and are therefore forbidden. In the event of breaches of copyright we reserve the right to take action in civil and criminal proceedings.
13. Content of the on-line offerAs an Internet provider EQUOVIS GMBH is responsible for its own content, which it provides for use, in accordance with the general statutory provisions. However, EQUOVIS GMBH gives no guarantee of the topicality, accuracy, completeness or quality of the information provided. Liability claims against EQUOVIS GMBH, related to material or immaterial damage, which are caused by the use or the non-use of the information presented, are excluded as a matter of principle, unless there exists demonstrable culpably intentional or grossly negligent fault on the part of EQUOVIS GMBH. EQUOVIS GMBH reserves the right to amend, supplement, delete parts of the pages or the entire offer or to cease publication temporarily or permanently.14. Legal effectiveness of this disclaimerThis disclaimer must be regarded as part of the Internet offer, to which reference has been made on this page. If parts of this text or individual formulations in this text no longer conform or conform only in part to the pervading legal norms, the validity and content of the remaining parts of the documents shall remain unaffected thereby.15. Severability clause
Should any provision of these General Terms and Conditions of Business for commodity business be invalid, the validity of the remaining provisions shall not be affected thereby.
The invalid part shall be replaced by a provision, which comes closest in law to the content of the invalid provision.