GTC
Our small printAGROBS GmbH & Co. KG Terms and Conditions
§ 1 Scope, Definitions
(1) The following terms and conditions, in the version valid at the time of the order, shall apply exclusively to the business relationship between AGROBS GmbH & Co. KG (hereinafter referred to as the “Supplier”) and the customer (hereinafter referred to as the “Customer”). Any deviating, conflicting or supplementary General Terms and Conditions of the Customer shall become part of the contract only if and to the extent that the Supplier has expressly agreed to their applicability in writing. This requirement for consent shall also apply where the Supplier submits or accepts an offer with reference to the precedence of its own General Terms and Conditions and/or the Supplier performs the service incumbent upon it without reservation while being aware of the Customer’s General Terms and Conditions.
(2) The Customer is a consumer insofar as the Customer enters into a legal transaction for purposes that can predominantly be attributed neither to the Customer’s commercial nor self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that, when entering into the contract, acts in the exercise of its commercial or self-employed professional activity.
(3) Individual agreements made with the Customer in a particular case shall in all circumstances take precedence over these General Terms and Conditions.
(4) Legally relevant declarations and notifications by the Customer in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (letter, email, fax).
(5) References to the applicability of statutory provisions are for clarification purposes only. Statutory provisions shall therefore apply even without such clarification, unless they are directly modified or expressly excluded in these General Terms and Conditions.
§ 2 Conclusion of the Contract
(1) The presentation of goods and services in offers and in the online shop does not constitute a binding offer by the Supplier to conclude a contract. The presentation of products in offers merely constitutes an invitation to submit an offer to conclude a purchase contract. Customary deviations in our products are reserved. Dimensions, illustrations and drawings as well as information concerning properties and performance characteristics provided in connection with the presentation of the Supplier’s goods and services serve solely as preliminary information for the Customer and shall only be binding if confirmed in writing by the Supplier.
(2) By submitting an order via the online shop by clicking the “BUY NOW” button, the Customer submits a legally binding order. Orders may only be placed by persons of legal age.
(3) The Supplier shall confirm receipt of an order placed via the online shop without undue delay by email. Such an email does not yet constitute binding acceptance of the order unless acceptance is expressly declared together with the confirmation of receipt.
(4) A contract shall only be concluded when the Supplier accepts the order by means of a declaration of acceptance or by delivering the items ordered.
(5) Prices are ex works, including packaging. If the Supplier and the Customer agree in writing that the Supplier’s delivery or service is to be provided more than four months after conclusion of the contract, the Supplier reserves the right vis-à-vis the Customer to amend its prices to the extent that cost reductions or cost increases arise after conclusion of the contract due to changes in material prices. The Supplier shall provide evidence of such changes to the Customer upon request. All ancillary charges, taxes, freight charges or increases thereof relating to the purchased item shall be borne by the Customer, unless mandatory statutory provisions provide otherwise.
§ 3 Delivery, Availability of Goods
(1) If, at the time of the Customer’s order, no units of the product selected by the Customer are available, the Supplier shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.
(2) Unforeseeable and unavoidable events (war, conditions similar to war, shortages of energy or raw materials, sabotage, strike, lawful lockout and all other operational disruptions for which we are not responsible) or official measures, such as supply shortages, shall release us from our obligation to deliver and perform for the duration of such circumstances, even if they occur during an existing delay. This shall also apply to deliveries or services by our supplier which are delayed or improper and for which we are not responsible.
§ 4 Retention of Title
(1) The goods delivered shall remain the property of the Supplier until the purchase price has been paid in full. Insofar as the Supplier replaces goods within the scope of the warranty, it is hereby agreed that ownership of the goods to be replaced shall pass mutually from the Customer to the Supplier or vice versa at the point in time when, on the one hand, the Supplier receives the goods returned by the Customer or, on the other hand, the Customer receives the replacement delivery from the Supplier.
(2) Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the Supplier’s written consent. The Customer is obliged to inform us without undue delay of enforcement proceedings of any kind and to give us the opportunity to bring a third-party objection action pursuant to Section 771 of the German Code of Civil Procedure (ZPO); all costs incurred in this connection shall be borne by the Customer.
(3) The Customer hereby assigns to the Supplier, including all ancillary and preferential rights, the claims and rights against third parties to which the Customer is entitled from the sale, processing, combination, mixing or other transfer of the goods. The Supplier hereby accepts the assignment. If the goods delivered are sold, processed, mixed or otherwise transferred to third parties - irrespective of their condition - all claims against the third party shall pass to the Supplier immediately upon arising, automatically and in full. A Customer who is an entrepreneur shall only be entitled to reassignment after all liabilities towards the Supplier have been settled in full. If a claim of the Customer against its purchaser has already been assigned to a third party, the Customer’s claims for reassignment against that third party shall pass to the Supplier.
(4) In the event of access by third parties to goods subject to retention of title, the Customer shall immediately draw the third party’s attention to the Supplier’s existing rights and shall fully inform the Supplier.
(5) The Customer is obliged to store the goods subject to retention of title properly and carefully and to insure them adequately against loss and damage. The Customer shall also bear the risk of loss, damage and destruction of the goods subject to retention of title.
§ 5 Prices, Shipping Costs and Transfer of Risk
(1) All prices stated in our online shop are gross prices including statutory value added tax.
(2) Shipping costs are stated in the prices displayed in the online shop. The price including value added tax and any applicable shipping costs is also shown in the order form before the Customer submits the order.
§ 6 Payment Terms
(1) The Customer may use the payment methods displayed in the online shop during the ordering process.
(2) We reserve the right, in individual cases, not to offer certain payment methods or to restrict the available payment methods, provided there is an objective reason for doing so.
(3) The purchase price shall be due for payment immediately upon conclusion of the contract, unless otherwise stipulated for the individual payment methods during the ordering process.
(4) If such a payment method is selected, the Customer may, during the ordering process, be redirected to the website, application or technical payment environment of the respective payment service provider, or a corresponding payment interface of the payment service provider may be integrated into the ordering process. The respective terms of use and data protection provisions of the selected payment service provider shall apply in addition to the processing of the payment.
(5) The use of individual payment methods may require the payment service provider to carry out an identity and/or creditworthiness check. The provision of certain payment methods is the responsibility of the respective payment service provider. Use may also require the Customer to have a corresponding user account with the payment service provider or to be able to select an alternative payment method permitted by that provider.
§ 7 Warranty for Material Defects, Notification of Defects, Guarantee
(1) The Supplier shall be liable to consumers for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB)
(2) An additional guarantee in respect of goods supplied by the Supplier shall exist only if such guarantee has been expressly given in the order confirmation for the respective item.
(3) The following shall additionally apply to an entrepreneur:
a) The Supplier warrants that the goods are free from defects ex works. The Customer must inspect the goods delivered for any defects without undue delay upon receipt. The duty to inspect extends to the entire delivery.
b) The goods must be stored properly in a cool, dry and hygienic place suitable for animal feed and protected against loss, destruction and damage. The label must be retained because of the batch number. Complaints concerning defects of any kind must be raised with the Supplier without undue delay after discovery, specifying precisely the individual defects alleged. The Customer must give notice of non-obvious defects without undue delay after their discovery.
c) The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, shall be borne or reimbursed by the Supplier in accordance with the statutory provisions if a defect actually exists. The Supplier may demand reimbursement of expenses from the Customer if the complaint concerning defects was unjustified and this was apparent to the Customer.
d) If the complaint concerning defects is made in due time and is justified, the Supplier shall take back the defective parts of the goods, provided they are still in the condition in which they were delivered, and shall replace them free of charge with other goods, subject to availability for delivery. However, the Supplier shall be entitled to refund the purchase price instead of making a replacement delivery. If the replacement goods are also defective, the Customer shall also be entitled, at its option, to an appropriate reduction in the remuneration or to rescission of the contract.
e) Warranty claims shall become statute-barred 1 year after delivery of the goods.
§ 8 Liability
(1) Claims by the Customer for damages are excluded. This shall not apply to claims by the Customer for damages arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), or to liability for other damage resulting from an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose fulfilment the Customer relies and may rely.
(2) In the event of a breach of material contractual obligations, the Supplier shall be liable only for the foreseeable damage typical of the contract where such damage was caused by ordinary negligence, unless the Customer’s claims for damages arise from injury to life, limb or health.
(3) The limitations in paragraphs (1) and (2) shall also apply in favour of the Supplier’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 9 Right of Withdrawal
If the Customer is a consumer, the following shall additionally apply:
- Instructions on Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods/the last goods (in the case of partial deliveries).
To exercise your right of withdrawal, you must inform us, Agrobs GmbH & Co. KG, Angerbreite 27, 82541 Degerndorf, Tel.: 08171/90840, email: info@agrobs.de, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.info@agrobs.de
You can also complete and submit the model withdrawal form or another unequivocal statement electronically on our website at [pferdefutter.de / bergsiegel.de / agrobs.de / derfuttershop.de]. If you make use of this option, we shall send you confirmation of receipt of such withdrawal without undue delay on a durable medium (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Model Withdrawal Form
– To:
Agrobs GmbH & Co. KG,
Angerbreite 27, 82541 Degerndorf,
Tel.: 08171/90840,
Email: info@agrobs.de,
− I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
− Ordered on (*)/received on (*)
− Name of consumer(s)
− Address of consumer(s)
− Signature of consumer(s) (only if this form is notified on paper)
− Date
(2) Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We shall make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have sent the goods back, whichever is the earlier. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the Instructions on Withdrawal
(3) The right of withdrawal shall not apply to distance contracts
a) for the supply of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the consumer’s personal needs,
b) for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded,
c) for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
d) for the supply of goods which, after delivery, are inseparably mixed with other goods due to their nature,
e) for the supply of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery (Section 312g BGB).
§ 10 Information on Data Processing
(1) Detailed information on data protection and the processing of your personal data can be found here. This is provided separately from these terms and conditions of sale.
(2) For the initiation, performance and processing of the purchase contract, we process your personal data on the basis of Article 6(1)(b) GDPR.
(3) Consent to the use of your data for advertising purposes (e.g. newsletters) is obtained separately and may be withdrawn at any time.
(4) For orders placed on account, we check your creditworthiness on the basis of Article 6(1)(f) GDPR in order to safeguard our legitimate interests in avoiding payment defaults. For this purpose, we may engage credit reference agencies.
§ 11 Information on the Return of Packaging
Pursuant to Section 15(1) of the German Packaging Act (VerpackG), as a manufacturer or distributor of transport packaging, sales and secondary packaging which typically does not accumulate as waste with private final consumers after use, sales and secondary packaging which is incompatible with system participation, sales packaging for products containing harmful substances, or reusable packaging, we are obliged to take back free of charge used, completely emptied packaging material of the same type, form and size as the packaging material placed on the market by us. The packaging does not belong in residual waste, but should be returned to the economic cycle. By returning it, you help to ensure environmentally sound recovery in accordance with the requirements of the VerpackG and to facilitate compliance with the recovery requirements.
§ 12 Final Provisions and Place of Jurisdiction
(1) Contracts between the Supplier and the Customer shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier shall - insofar as legally permissible - be the registered office of the Supplier.
(3) The remaining provisions of the contract shall remain binding even if individual provisions are legally invalid. Where applicable, the statutory provisions shall take the place of the invalid provisions.