General Terms and Conditions of Business of Naturavetal GmbH & Co KG
Terms & Conditions
The following terms and conditions apply to all orders placed via our online shop by consumers or traders.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.
- Contractual partner, formation of contract
The purchase contract is concluded with Naturavetal GmbH & Co. KG.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order.
As to when your offer will be accepted and the contract will be formed is subject to the chosen payment method:
By submitting the order you are sending us your credit card details at the same time. After your identification as the legal cardholder, we will ask your credit card company to initiate the payment transaction and will thereby accept your offer.
After placement of the order, you will be forwarded to the online PayPal website. You may enter your payment details there and confirm the payment instructions to PayPal. After submitting your order in the shop we will instruct Pay Pal to initiate the payment transaction. With this, your contract with us will be concluded.
- Contract language, saving of the contract text
The languages available for concluding the contract are English, Italian, Spanish, Dutch, French, Polish and German.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. You may also view the text of the contract in our customer login area.
- Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
The following payment methods are available in our online shop.
With the submission of the order, you are sending us your credit card details at the same time.
After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
- Right to cancel
Consumers are entitled to the statutory right to, as described in the instructions on the right of cancel. Traders are not granted any voluntary cancellation right.
- Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
- Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay with photographic evidence. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
- Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
Statutory rights shall apply with respect to liability for defects.
For traders, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected.
With respect to traders, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we may initially choose, with respect to businesses, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty, as well as fraud
- for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
- within the context of a guarantee commitment, where agreed.
Information about additionally applicable guarantees and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberately or grossly negligent breach of duty
- for guarantee commitments, where agreed
- insofar as the scope of application of the Consumer Rights Act 2015 is open
- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
- Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
- Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.