Terms of service
General terms and conditions (GTC) and consumer information within the framework of purchase contracts concluded via this web shop between Masterfeed Tierfutter 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 agreements that take precedence over these General Terms and Conditions, the business relationship between The provider and the customer are exclusively subject to the following general terms and conditions in the version valid at the time of the order. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) All offers in the provider's web shop merely represent a non-binding invitation to the customer to make a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer first receives confirmation that the provider has received his order, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. The declaration of acceptance of the contractual offer occurs through delivery of the goods or an express declaration of acceptance.
The ordering process in the provider's webshop works as follows:
(2) The customer can select products from the provider's range and collect them in the shopping cart using the "Order now" or "Add to shopping cart" buttons. Using the “Send order” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(3) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The declaration of acceptance of the contractual offer is made through the delivery of the goods or an express declaration of acceptance.
§ 3 Subject of the contract, quality, delivery, availability of goods
(1) The subject of the contract are those specified by the customer as part of the order and mentioned in the order and/or order confirmation Goods and services at the final prices stated in the web shop. Errors and mistakes are reserved there, especially with regard to the availability of goods.
(2) The nature of the goods ordered can be found in the product descriptions in the web shop. Illustrations in the web shop serve only as illustrative material and may differ from the product. All information about the product, weight, dimensions and performance description are given as precisely as possible, but may contain the usual deviations. The properties described here do not represent defects in the products delivered by the provider.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this in an order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in an order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments the customer has already made.
(5) If delivery of the goods fails despite three delivery attempts, the provider can withdraw from the contract. Any payments made by the customer will be refunded to the customer immediately. Payments made will be reimbursed 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 provider until full payment is made.
If the customer is an entrepreneur, the goods purchased by the customer remain the property of the customer until all claims arising from the business relationship have been settled in full Provider.
§ 5 Delivery, prices, shipping costs
(1) Germany standard: €5.90, free shipping from €50. BARF and frozen food, Germany only, UPS Express: €9.90, free shipping from €100, express delivery by the next working day. Austria: Delivery yes, €9.90, free shipping from €150. Rest of the EU: Delivery yes, €9.90, free shipping from €150. This applies to Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus. Switzerland: Delivery yes, €15.90, free shipping from €150. Customs and VAT in Switzerland are handled by DHL. The same rate as Switzerland, 15.90 €, free shipping from 150 €, applies to the United Kingdom, Norway, United Arab Emirates, Australia, Canada, Hong Kong, Israel, Japan, South Korea, Malaysia, New Zealand, Singapore and USA.
(2) Delivery (delivery to the shipping company) usually takes place within one week after receipt of payment if the customer has chosen the payment method in advance, or within one week after receipt of the order for all other payment methods.
(3) All prices stated on the provider's website include the applicable statutory VAT.
(4) The shipping costs are not included in the purchase price, are to be borne additionally by the buyer and are shown in the order form.
(5) The amount of the shipping costs can be found in the shipping information under the Shipping costs link at the bottom of the web shop or the respective offer.
(6) For deliveries to countries outside the European Union, additional taxes, customs duties or fees may apply, which are not paid by us or invoiced by us, but are to be paid by the buyer to the relevant customs or tax authorities. Please ask the responsible customs or tax authority for details before ordering. will be invoiced by us, but must be paid by the buyer to the relevant customs or tax authorities. Please ask the responsible customs or tax authority for details before ordering.
§ 6 Payment methods, offsetting and right of retention
(1) Payment is possible by credit card (Visa, Mastercard, American Express, Maestro), PayPal, Klarna, Shop Pay, Apple Pay, Google Pay, Bancontact, Bizum, iDEAL | Wero, MB WAY, Satispay and advance payment. Invoice is only available to authorized specialist stores.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest of 5 percentage points above the base interest rate.
(3) When paying by direct debit, the customer may have to bear the costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrectly transmitted bank details. The account is debited before the ordered goods are dispatched
(4) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by the delay by the provider out.
(5) The customer can only offset counterclaims that have been determined by a court, are undisputed or have been acknowledged in writing by the provider. The customer can only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.
(2) A guarantee exists for the goods delivered by the provider only if this was expressly provided in an order confirmation for the respective item.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. if this was caused simply by negligence, unless it concerns claims for damages by the customer due to injury to life, body or health.
(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless the customer is claiming damages due to injury to life, body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are liability for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
(4) The restrictions in paragraphs 1 and 2 apply also in favor of the provider's legal representatives and vicarious agents if claims are asserted 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 concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.
– Cancellation policy –
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
For your To exercise the right of withdrawal, you must inform us (Masterfeed Tierfutter GmbH, Am Hövel 12, 49439 Mühlen, Tel.: +49 (0)5492 970 970, Fax: +49 (0)5492 970 888, Email: info@masterfeed.de) by means of a clear statement (e.g. a letter sent by post, fax or email). inform you of your decision to withdraw from this contract. You can use the attached model cancellation form for this purpose, although this is not mandatory.
In order to meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we must repay to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the 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 your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
– End of the cancellation policy –
Exclusion or premature expiry of the right of withdrawal
The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as to the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded. This applies in particular to our chilled and deep-frozen BARF products (raw meat, offal, bones, BARF menus and all fresh meat products that require refrigeration).
The right of withdrawal expires early on the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as on the delivery of goods if they are inseparably mixed with other goods after delivery due to their nature were
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
To Masterfeed Animal Nutrition GmbH, Am Hövel 12, 49439 Mühlen, Fax: +49 (0)5492 970 888, E-Mail: info@masterfeed.de
I/we (*) hereby revoke the from contract concluded with me/us (*) for the purchase of the following
goods(s)
Ordered on (*)/received on (*)
Name of the Consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
Date
_________________________________
(*) Please delete anything that does not apply.
§ 10 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to complain about this immediately to the delivery person and to contact the provider as quickly as possible to include:
Masterfeed Animal Nutrition GmbH
Am Hövel 12
49439 Mühlen
Tel. 05492 – 970 970
E-Mail info@masterfeed.de
(2) Failure to make a complaint or contact us has no consequences for the customer's statutory warranty rights. However, they help the provider to be able to assert its own claims against the carrier or the transport insurance.
§ 11 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, he observes the 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 that this is necessary for the processing of the contractual relationship and for the use and billing of teleservices. The customer can revoke his consent to the use of his data at any time by sending an email to info@masterfeed.de .
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) The customer has the opportunity to access and change the data he has stored at any time using the “My Account” link. The customer can request the deletion of his data by sending an email to info@masterfeed.de . Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" link.
§ 12 Operator of the Webshops
Masterfeed Animal Nutrition GmbH
Am Hövel 12, 49439 Mühlen
Telephone: 05492 – 970 970
Email: info@masterfeed.de
Managing Director: Frederik Kiene
Registered in Commercial register.
Register court: District Court of Oldenburg
Register number: HRB 208478
VAT identification number according to § 27a UStG: DE253354271
Consumer dispute resolution: We are not willing and not obliged to take part in dispute resolution procedures before a to participate in the consumer arbitration board.
§ 13 Content
(1) This webshop enables you to provide feedback, texts, photos, audio files, videos, information and other content (together “content”). By providing Content, you grant 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 in any way such Content to provide and/or promote Provider in any media known or previously unknown. You are solely responsible for all content that you provide and for ensuring that you are either the owner of the rights to such content or have the authority 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 only be used for purposes permitted by data protection law; Our data protection declaration applies to our processing of such content.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, 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 is and the provider, the provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.
As of: 9/2024