General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (Wildfang Petcare GmbH) via the website http://www.wildfang.pet. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly neither their commercial nor their self-employed professional activity can be attributed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we make you a binding offer for the Conclusion of a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview .
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the instant payment provider system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of entering the details in the order overview to check again, to change (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner , whereby the contract is concluded.
(4)Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract period / Termination of subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term.The contract can be terminated by either party with a notice period of one month to the end of the month (unless otherwise stipulated in the respective offer). unaffected by this.
(3) Any termination must be in text form (e.g. e-mail).
§ 4 Special agreements on the offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options on. Payment is made to Klarna:
- Invoice: The payment period is 30 days from the dispatch of the goods/ticket/or, for other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the specified countries): Germany.
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
- Direct debit: The debit takes place after the goods have been shipped. You will be informed of the time by e-mail.
- Credit card (Visa/Mastercard): Available in Germany. The debit takes place after the goods or tickets have been shipped / the service is available or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or hire purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
More information about Klarna can be found here. You can find the Klarna app here.
§ 5 right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business.In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if You were informed by us of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the above applies in deviation Warranty regulations:
a) Only our own information and the manufacturer's product description are agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by bringing the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
Wildfang Petcare GmbH
Phone: 040 8221 746 000
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec .europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
6.4. Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5.The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your own risk.
8. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
9. Contract term / termination
Information on the term of the contract and the terms of termination can be found in the regulation "Contract term / termination for subscription contracts" in our General Terms and Conditions (Part I) and in the respective offer.
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
last update: 01.01. 2022