GTC
General terms and conditions with customer information
1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment terms
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1. scope of application
1.1 For the business relationship between younikat GmbH, managing directors
1.2. For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for a purpose that is predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the Seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. For the rest, errors excepted.
3. ordering process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, z.B. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the [Continue to checkout] button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart via the [order with obligation to pay] button. Before submitting the order, the customer can change and view the data at any time and use the "back" browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven instead of five days.
3.5 If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the Seller within 10 calendar days of the order confirmation being sent despite the due date, even after a further request, the Seller shall withdraw from the contract with the result that the order shall lapse and the Seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made shall be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (z.B. Restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised and agreed.
5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by written declaration after a reasonable period to be set by the Customer or by mutual agreement with the Seller.
6. Payment methods
6.1 The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with payment processing, z.B. Paypal. their general terms and conditions apply.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5 The Customer's obligation to pay default interest does not preclude the Seller from claiming further damages for default.
6.6 The Customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the Seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following applies in addition: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. The customer must notify us immediately of any seizure by third parties of goods owned or co-owned by the seller. The customer shall bear the costs incurred by such interventions for a third party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. By way of security, the customer assigns to the seller in full the claims arising from the resale or other legal grounds in respect of the reserved goods (including all current account balance claims). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (by more than 50% if there is a realization risk). The selection of the securities to be released is incumbent on the seller.. Ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer upon settlement of all claims of the Seller arising from delivery transactions. The selection of the securities to be released shall be incumbent on the Seller.
8. Warranty for material defects and guarantee
8.1 The warranty (liability for defects) shall be governed by statutory provisions, subject to the following provisions.
8.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed about the warranty conditions before initiating the order process.
8.3 If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognizable material defects immediately, at the latest within two weeks of delivery, in writing and of non-recognizable material defects immediately, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and color that are customary in the trade, permissible according to quality standards or minor deviations are not defects.
8.4 If the Customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the Seller.
8.5 Without prejudice to the liability provisions of these GTC, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur's recourse. For used goods, the warranty of customers who are entrepreneurs is excluded.
9. Subscription - conclusion and termination
9.1 Conclusion: As part of the ordering process, the Seller offers the Customer the option of regularly purchasing certain items as part of a subscription. The time interval between deliveries can be selected from various options. The agreement is valid for an indefinite period. It can be terminated at any time with a notice period of 14 days to the next delivery date.
9.2 Changes: The customer can change the purchase quantities or purchase intervals within the scope of the options offered via the customer account or by notifying the seller. As a rule, changes can only be considered for those next delivery dates that are at least 14 days in the future.
9.3 Termination: The customer can cancel the agreement at any time in his customer account or also via the seller's customer service by e-mail to hundeservice@vegdog.de the subscription. For organizational reasons, a cancellation must be made at least 14 days before the next shipping date. If this deadline is not met, the termination will take effect on the following date.
9.4 Adjustment of the subscription prices by the seller: The seller is entitled to adjust the price of the subscription offers from time to time, but no more than once per quarter, at its reasonable discretion in order to counter changes in the total costs associated with the subscription services. Cost components that may increase or decrease the subscription price are z.BPurchase costs of the products from the upstream supplier, production and raw material costs, costs for the technical provision of the seller's online store, customer service and other sales costs (e.g. Shipping costs, marketing costs), administrative and other overheads (z.B. Rental fees, IT costs, interest and other financing costs, personnel costs, energy costs) as well as statutory fees, taxes or levies. The Seller shall only use increases in a particular type of cost (such as purchasing costs) for a price increase to the extent that these cannot be compensated for by any declining costs in other areas (z.B. in shipping costs). The Seller shall notify the Customer of price changes by e-mail, which shall take effect at the earliest 30 days after receipt of the e-mail by the Customer. If the customer does not object to the price adjustment within the aforementioned period, the price adjustments shall be deemed to have been approved. If the customer objects to the price adjustment, both the seller and the customer may terminate the contract with the notice period specified in Section 9.1. The Seller's email informing the Customer of the price adjustment shall refer both to the aforementioned objection period and to the consequences of non-compliance with the deadline.
9.5 The Seller is authorized to adjust or change the products or services delivered as part of the subscription for justified reasons (such as changes in the recipe, in the packaging, adjustment of the products), for example to improve product quality, due to changes in the product range of the Seller's supplier or for legal or regulatory reasons. If the seller makes changes to the services of the subscription that may affect the ongoing contractual relationship between the parties (for example because significant changes and/or deviations are made to a product to be delivered), the seller shall inform the buyer in advance by e-mail. Section 9.4 sentences 4 to 7 of these GTC shall apply accordingly to the notification of changes. When changing the subscription service, the seller shall ensure that this does not have a significant effect on the originally agreed balance between the subscription services of the seller and the consideration provided by the buyer for this.
10 Liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
11.1. the customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the GTC together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing or by referring to an online source.
12. Right of withdrawal
Consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, Section 13 BGB) are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Withdrawal Policy.
13 Final provisions
13.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller's country of domicile. The Seller reserves the right to choose another permissible place of jurisdiction.
13.2 In the case of entrepreneurs, the law of the [Federal Republic of Germany] shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided there are no mandatory statutory provisions to the contrary.
13.3 The language of the contract is German.
13.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board
14. product reviews
14.1 Customers who are logged into their customer account have the opportunity to rate all products listed in the
15th adaptation of the GTC
15.1. The Seller is authorized to amend these GTC from time to time if this is necessary for significant reasons, in particular due to a change in the legal situation or case law, technical changes or further developments, regulatory gaps in the GTC, changes in market conditions or other equivalent reasons and does not unreasonably disadvantage the Customer.
15.2 The customer shall be notified of amendments to the GTC in writing or by email at least six weeks before they come into effect. The amendments shall become effective if the customer does not object in writing or by email within the aforementioned period of six weeks after receipt of the adjustment notification. In the adjustment notification to the customer, the seller shall inform the customer of the deadline and the consequences of failure to meet the deadline.
Stand: 14.07.2023
