Terms of Service
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. 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 his commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Dr. Berg Tiernahrung GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first add our products to the shopping cart without obligation and add your Correct entries before sending your binding order at any time by using the correction tools provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer about the goods contained in the shopping cart. The confirmation of receipt of your order takes place by e-mail immediately after sending the order.
We accept your offer within two days by
- we submit a declaration of acceptance in a separate e-mail or
- we have the goods delivered or
- if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant to you depends on which of the listed events occurs first.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. TERMS OF DELIVERY
In addition to the stated product prices, shipping costs may still apply. Further provisions on any shipping costs incurred can be found in the offers. We only deliver in the shipping route. A self-collection of the goods is unfortunately not possible.
In our shop you have the following payment methods available:
If you select the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Plus and PayPal Checkout
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. Further information can be obtained from the respective payment option and in the order process.
In order to be able to pay the invoice amount via the payment option PayPal, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
credit card via PayPal
Our card will be charged by PayPal after shipment of the goods.
direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, your PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.
purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
cash on pickup
You will pay the invoice amount on collection in cash.
6. RIGHT OF WITHDRAWAL
consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RETENTION OF TITLE
The goods remain our property until full payment has been made.
In addition, the following applies to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain to the deliverer as soon as possible and please contact us immediately. The failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance. Transport damage during parcel shipping must be reported at the DHL counter within 7 days. To do this, the package with content must be presented there. Other complaints must be reported to us within one week – by email to info@dr-berg- tiernahrung.de or by telephone at +49 (0) 9971 898 42 13.
For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. A transport damage caused by the forwarding agency (e.g. broken or missing goods) must be complained to the truck driver directly. In order to be able to assess the pallet contents, the pallet must therefore be unwound directly, the goods inspected and counted. The driver must confirm the damage (what and how much is damaged or even missing) with his signature and the tour number, otherwise the forwarding agency will not recognize the complaint. The confirmation and photos of the damage must be sent to Dr. Berg Tiernahrung immediately, at the latest within 7 days. Transport damage during parcel shipping must be reported at the DHL counter within 7 days. To do this, the package with content must be presented there. Or you can instruct us to arrange a free pick-up by DHL. Again, the package with the entire contents must be handed over. Other complaints must be reported to us within one week. Contact: firstname.lastname@example.org, +49 (0) 9971 898 42 13.
9. WARRANTY AND GUARANTEES
9.1 LIABILITY FOR DEFECTS
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The following restrictions and shortened deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Constrainments on entrepreneurs
To entrepreneurs, only our own information and the product descriptions of the manufacturer that have been included in the contract shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements of the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the recourse claim according to § 445a BGB remain unaffected.
regulations for merchants
Under merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 WARRANTIES AND AFTER-SALES SERVICE
information on any applicable additional warranties and their exact conditions can be found in the product and on special information pages in the online shop.
Customer Service: Your reach us for questions, complaints and complaints on weekdays from 9.00 a.m. to 4.00 p.m. under the telephone number +49 (0) 9971 898 42 13 as well as by e-mail at email@example.com.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which shall be typically has to be calculated. In all other respects, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
12. FINAL PROVISIONS
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
GB created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].
We hope you enjoy shopping in our shop. if you have any questions or suggestions, please do not hesitate to contact us.
Your Dr. Gregor Berg and the team of Dr. Berg Pet Food