Terms of service

General terms and conditions (GTC) and consumer information for purchase agreements concluded via this webshop between Masterfeed Tierernährung GmbH – hereinafter referred to as "Provider" – and the customer – hereinafter referred to as "Customer".

§ 1 Scope and general information
(1) Subject to individual agreements and arrangements, which take precedence over these General Terms and Conditions, the following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the provider and the customer. Any conflicting terms and conditions of the customer are expressly excluded unless the provider expressly agrees to their validity in writing.
(2) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract
(1) All offers in the provider's online shop merely constitute a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. Once the provider has received the customer's order, the customer will first receive confirmation of receipt of their order, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. Acceptance of the contract offer is declared by delivery of the goods or an explicit declaration of acceptance.

The ordering process in the provider's online shop works as follows:
(2) The customer can select products from the supplier's range and add them to the shopping cart using the "Order now" or "Add to cart" buttons. By clicking the "Submit order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time.
(3) The supplier will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print. The automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. Acceptance of the contract offer is declared by delivery of the goods or an express declaration of acceptance.

§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and listed in the order and/or order confirmation at the final prices stated in the online shop. Errors and omissions are excepted, particularly with regard to product availability.
(2) The characteristics of the ordered goods are as described in the product descriptions in the online shop. Images in the online shop are for illustrative purposes only and may differ from the actual product. All product information, including weight, dimensions, and performance specifications, is provided as accurately as possible but may be subject to standard variations. The characteristics described herein do not constitute defects in the products supplied by the provider.
(3) If no copies of the product selected by the customer are available at the time of the order, the supplier will inform the customer of this in an order confirmation. If the product is permanently unavailable, the supplier will refrain from issuing an acceptance of the order. In this case, no contract is formed.
(4) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this immediately in an order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the supplier is also entitled to withdraw from the contract and will promptly refund any payments already made by the customer.
(5) If delivery of the goods fails despite three delivery attempts, the supplier may withdraw from the contract. If applicable.Payments made will be refunded to the customer immediately.

§ 4 Retention of title

If the customer is a consumer, the goods purchased by the customer remain the property of the supplier until full payment has been received.

If the customer is an entrepreneur, the goods purchased by the customer remain the property of the supplier until all claims arising from the business relationship have been settled in full.

§ 5 Delivery, Prices, Shipping Costs
(1) The supplier delivers exclusively within Germany.
(2) Delivery (handover to the shipping company) usually takes place within one week of receipt of payment if the customer has chosen prepayment as the payment method, or within one week of receipt of the order in all other payment methods.
(3) All prices shown on the provider's website include the applicable statutory value added tax.
(4) Shipping costs are not included in the purchase price, must be borne by the buyer in addition and are shown in the order form.
(5) The amount of the shipping costs can be found in the shipping information under the link Shipping costs in the lower section of the webshop or in the respective offer.
(6) For deliveries to countries outside the European Union, additional taxes, duties, or fees may apply. These are not collected or invoiced by us, but must be paid by the buyer to the relevant customs or tax authorities. Please contact the relevant customs or tax authority for details before placing your order.

§ 6 Payment terms, set-off and right of retention
(1) The customer can make payment by direct debit, advance payment (bank transfer), PayPal, credit card or SOFORT transfer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the base interest rate.
(3) In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback due to insufficient funds or incorrectly transmitted bank details. The account will be debited before the ordered goods are shipped.
(4) The customer’s obligation to pay default interest does not preclude the supplier from claiming further damages for default.
(5) The customer may only offset claims that have been legally established, are undisputed, or have been acknowledged in writing by the supplier. The customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship.

§ 7 Warranty for defects, guarantee
(1) The provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) A guarantee for the goods supplied by the supplier exists only if it has been expressly stated in an order confirmation for the respective item.

§ 8 Liability
(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the foreseeable damage typical for this type of contract if this damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(4) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the provider’s legal representatives and agents if claims are brought directly against them.
(5) The provisions of the Product Liability Act remain unaffected.

§ 9 Consumer's right of withdrawal

Consumers have a right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

– Cancellation policy –

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must inform us (Masterfeed Tierernährung GmbH, Am Hövel 12, 49439 Mühlen, Tel.: +49 (0)5492 970 970, Fax: +49 (0)5492 970 888, E-Mail: info@masterfeed.deYou must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

– End of the cancellation policy –

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as to the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.

The right of withdrawal expires prematurely in the case of the delivery of goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as in the case of the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

Masterfeed Tierernährung GmbH, Am Hövel 12, 49439 Mühlen, Fax: +49 (0)5492 970 888, E-Mail: info@masterfeed.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following

Ware(n)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

date

_________________________________

(*) Please cross out what is not applicable.

§ 10 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report this immediately to the delivery person and to contact the supplier as soon as possible:
Masterfeed Animal Nutrition GmbH
Am Hövel 12
49439 Mühlen
Tel. 05492 – 970 970
e-mail info@masterfeed.de
(2) Failure to submit a complaint or contact the supplier has no effect on the customer's statutory warranty rights. However, it helps the supplier to assert its own claims against the carrier or transport insurance company.

Section 11 Information on data processing
(1) The provider collects customer data in the course of processing contracts. In doing so, it complies with the applicable legal provisions. Without the customer's consent, the provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for processing the contractual relationship and for the use and billing of telecommunications services. The customer may revoke any consent given for the use of their data at any time by sending an email to info@masterfeed.de revoked.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market research, or opinion polling purposes. The customer agrees to be contacted by the shop operator for opinion polling purposes, but only for purposes related to the shop.
(3) The customer may access and modify their stored data at any time via the link "My Account". The customer may request the deletion of their data by sending an email to info@masterfeed.de request. Furthermore, regarding customer consent and further information on data collection, processing and use, please refer to the privacy policy, which is available in printable form at any time on the provider's website via the link "Privacy".

§ 12 Operator of the webshop

Masterfeed Animal Nutrition GmbH
Am Hövel
1249439 mills

Telephone: 05492 – 970 970
E-mail: info@masterfeed.de

Managing Director: Frederik Kiene

Registered in the commercial register.
Registry Court: Oldenburg District Court
Registration number: HRB 208478

VAT identification number according to §27a of the German VAT Act: 68/203/79351

Information on online dispute resolution:
The European Commission provides an online dispute resolution (ODR) platform for consumers. You can access the ODR platform at [link to ODR platform]. https://webgate.ec.europa.eu/odr/.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Contents
(1) This webshop allows you to provide feedback, text, photos, audio files, videos, information, and other content (collectively, "Content"). By providing Content, you grant the provider a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license, for the duration of the protection of the rights so licensed, to access, use, store, copy, modify, create derivative works from, distribute, publish, and otherwise exploit such Content in any way to promote and/or advertise the provider in all media known or unknown. You alone are responsible for all Content you provide and must ensure that you are either the rights holder of such Content or authorized to grant the provider the rights described in these Terms of Use. You are responsible if your content infringes the intellectual property rights of third parties. If content contains personal data, it will be used exclusively for purposes permitted under data protection law; our privacy policy applies to our processing of such content.

§ 14 Final Provisions
(1) Contracts between the provider and the customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid.

Stand: 9/2024