General terms and conditions for delivery of goods in e-commerce

1. General

1) The following conditions apply exclusively to all deliveries and services provided by the user.

All product names are the property of the respective manufacturer. Product images are in part exemplary images and may differ from the products ordered / delivered.

2) The buyer's conditions of purchase are only effective if they have been specially agreed and confirmed in writing by the user. Purchase contracts are only concluded upon written acceptance of the order (order confirmation) or upon acceptance of the goods by the customer, possibly only after the expiry of the cancellation / return period. An email that is not signed is sufficient for compliance with the written form.

2. Delivery and delivery reservation

1) Goods in stock are usually delivered one day after receipt of the order. If items have been ordered that are not in stock, delivery will take place at the earliest one day after completion of the order. Usually this will be 2 - 3 weeks after receipt of the order. Deliveries by the seller are always made with the proviso that the seller for his part is supplied in full and on time and is not responsible for the lack of availability of the article.

2) The assertion of damages is excluded, provided that there is no gross negligence or intent on the part of the seller. If a certain item or replacement item is not available, the seller is entitled to refuse delivery. The seller will inform the buyer immediately about the lack of availability.

3. Postage and packaging costs

1) A flat rate of EUR 3.50 is charged for postage and packaging. For deliveries outside Germany, but within the European Union, an additional 9.45 euros will be charged.

2) If the order value is over EUR 75.00, delivery within the Federal Republic of Germany is free of charge.
If the order value is over EUR 300.00, delivery within the EU is free of charge.

4. Prices

1) All prices quoted by the seller on his website are retailer prices in euros and do not include statutory sales tax. These prices are only valid for orders in the context of B2B.

2) The prices at the time of the order always apply.

5. Right of return

1) The seller only grants the statutory right of return within two weeks for legal transactions that a consumer concludes within the meaning of the federal German legal system, without the consumer needing a reason for the return.

2) The two-week period begins at the time the delivery is received; it is preserved by sending the complete, unused and undamaged goods to the seller (company and address according to the purchase contract).

3) The purchase contract therefore only becomes finally effective after the two-week return period has expired after delivery.

4) The right of return does not apply to items that the seller does not have in stock and that were procured by the seller at the express request of the customer.

5) If the buyer returns the goods, he will be reimbursed the purchase price and the usual shipping costs incurred by post. Costs for other modes of transport are not reimbursed.

6) If damaged or defective items are returned, the buyer is obliged to pay compensation to the seller. The buyer bears the transport risk of the return.

Refusal of acceptance

If the buyer refuses to accept the ordered goods without the purchase contract having been canceled beforehand, a processing fee of EUR 25.00 will be due as a processing fee plus postage and packaging costs per shipment. These costs are charged to the buyer separately; the invoice is due immediately without granting a payment term.

6. Retention of Ownership

1) All goods delivered by the seller remain the property of the seller until the purchase price has been paid in full and all claims resulting from the business relationship have been settled (extended retention of ownership).

A disposal of the goods subject to retention of ownership (e.g. through sale, pledge, transfer by way of security, donation, transfer of use) by the buyer is not permitted.

2) If the buyer has made a non-contractual disposition of the object of purchase, the purchase price paid or to be paid or other services received or to be received by the buyer take the place of the goods. The buyer already now assigns all claims arising from a possible sale to the seller. The buyer is not authorized to collect these receivables. In the context of the assignment, the buyer has to cooperate in the disclosure of the assignment to the buyer and to cause the buyer to pay or perform to the seller. With regard to the extended retention of title (advance assignment of the respective purchase price claim), an assignment to third parties, in particular to a bank, is contrary to the contract and therefore inadmissible. The seller is entitled at any time to check the buyer's sales documents and to inform his customers of the assignment.

3) In the event of a seizure of the goods by the buyer, the seller must be informed immediately by sending a copy of the foreclosure protocol and an affidavit that the seized goods are goods delivered by the seller and subject to retention of title.

4) The enforcement of the rights of the seller from the reservation of title does not release the buyer from his contractual obligations. The value of the goods at the time of taking them back will only be offset against the existing claims of the supplier against the buyer.

7. Payment Terms

1) Ordered goods are delivered by direct debit, prepayment or, in the case of customers with a customer number, on account.

2) Customers based outside of the Federal Republic of Germany can only be supplied against prepayment.

3) If the buyer chooses to pay on account, a payment term of 30 days from receipt of the delivery is deemed to have been agreed.
For payment within 14 days, direct debit or prepayment, we grant a 3 % discount.

4) If the buyer defaults on payment, fees of EUR 3.00 and default interest of 5 % (if the customer is an entrepreneur, legal entity under public law or public law special fund) 8 % will be charged for each reminder the respective base interest rate announced by the Deutsche Bundesbank.

8. Warranty / technical information

1) The warranty period for the items sold by the seller is two years. The warranty period begins at the time of delivery.

If the buyer is an entrepreneur, legal entity under public law or special fund under public law, the warranty period is one year.

2) If the object of purchase is a used item, the warranty period is one year.

3) The buyer is obliged to notify the seller in writing of any obvious defects within a period of two weeks from receipt of the goods. After this period, the assertion of obvious defects is excluded.

4) Insofar as technical information is provided by the seller, this is manufacturer information; this information is provided without guarantee.

5) The seller does not accept any liability for defects that have arisen through its (further) use (e.g. assembly or commissioning of the object of purchase or malfunctions caused by assembly / commissioning or their elimination.

6) Liability for breach of obligations under the Equipment and Product Safety Act is limited to products that were placed on the market after May 1st, 2004. In addition, claims for compensation only exist for damage caused by willful or grossly negligent breach of duties. The liability is - as far as permissible - limited to the value of the product.

9. Data protection

1) The data required to process the order will be stored in compliance with the provisions of the Data Protection Act and treated confidentially.

2) However, the seller reserves the right to transmit data for the purpose of credit checks. The buyer is entitled to revocation at any time.

10. Place of performance

The place of performance for all obligations arising from the contractual relationship, including any warranty claims, is agreed to be the registered office of the seller.

11. Place of jurisdiction

If the buyer is an entrepreneur or legal entity under public law or a special fund under public law, the place of jurisdiction is agreed to be the seat of the seller's branch.

12. Other provisions

The ineffectiveness of individual provisions of the underlying contract including the general terms and conditions does not affect the effectiveness of the remaining provisions.

Statements of any kind regarding the contractual relationship between seller and buyer must be made in writing to be effective, unless otherwise agreed in writing. Written form is particularly necessary for the cancellation of the written form requirement.

The effectiveness of verbal agreements always requires immediate written confirmation. If this is not given, the verbal agreement is deemed not to have been made.

13. Information in accordance with the Distance Selling Act

Due to the existing legal obligation (Distance Selling Act) to provide information to sellers, which only come about through the use of means of distance communication, the following is stated:

a) Provider identification

The offers on the internet address www.4cats.de are offered by the company:

4cats Heimtierbedarf GmbH

Wholesale of pet supplies

Eschweilerstr. 199
52222 Stolberg

Order telephone : 0 24 02 - 9 74 35 21
Fax: 0 24 02 - 9 74 35 11
Accounting: 0 24 02 - 9 74 35 12

Email: info@4cats.de
Internet: www.4cats.de

Managing Directors
Marion Hamacher u. Markus Friederich

Register court: Aachen - HRB 15721
Headquarters: Stolberg

VAT number: DE 270532394

b) Conclusion of a contract

The buyer waives receipt of a declaration of acceptance (§ 151 Paragraph 1 BGB). After sending the order by clicking on the appropriate button (“Submit order now” or analogous wording), the customer immediately receives an email which reflects the order. The customer's order becomes effective upon receipt of this confirmation, but no later than upon receipt of the delivery.

c) Delivery reservation

If an article ordered by the buyer is exceptionally not available, or the delivery period is more than four weeks since confirmation, the seller will inform the buyer of the exact delivery date as soon as possible, alternatively that the delivery cannot take place.

d) Prices and additional costs

All prices mentioned are dealer prices in euros and include do not include the statutory sales tax. The prices are always valid at the time of the order. Postage and packaging are generally charged at a flat rate of EUR 3.50. For deliveries to the EU, an additional 9.45 euros will be charged. If the order is above an order value of EUR 75.00, delivery is free domicile within the Federal Republic of Germany, for shipments to the EU we deliver free domicile from EUR 300.00.

e) Right of return

The seller only grants the statutory right of return of two weeks without giving reasons for legal transactions that a natural person concludes for purposes that cannot be attributed to their commercial or independent professional activity. The period begins with the receipt of the delivery and is met by sending the goods to the seller (seat of the branch) in due time. The purchase contract only becomes effective after the two-week period has expired.

Excluded from the right to return are items that the seller does not have in stock and that were procured on special customer request.

When returning damaged or defective goods, the seller is entitled to assert claims for damages against the buyer.

The purchase price of the returned goods and the postage costs (according to Deutsche Post AG tariffs) will be reimbursed by the seller in any case. The seller does not reimburse costs for other modes of transport. Returns sent freight collect will not be accepted by the seller and will be returned at the buyer's expense. It is particularly important to ensure that the shipment is sufficiently franked.

f) data protection

The data required for processing the order are stored in compliance with the provisions of the Federal Data Protection Act and treated confidentially. However, the seller reserves the right to transfer data to other companies and credit agencies for the purpose of credit checking.