General Terms and Conditions 

Between Terra Canis GmbH, Parkring 29, 85748 Garching bei München Germany, registered in the Commercial Register of the Local Court of Munich under HRB 186241, represented by Olena Topilnytska as well as Thomas Reinarz, VAT Identification No.: DE 27 19 39 498 (hereinafter referred to as "Provider") and the customers referred to in clause 2 of these General Terms and Conditions (hereinafter referred to as "Customer"). 

1.1. This General Terms and Conditions in the version valid at the time of the order shall apply exclusively to business relationships established between the Provider and the Customer through this Online Shop, by telephone, fax or e-mail. Deviating General Terms and Conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing. 

1.2. The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly 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 his commercial or independent professional activity. 

2.1. The Customer can select products from the Provider’s range, in particular pet supplies such as wet and dry food, vet food, food supplements, snacks and pet accessories and collect these in a so-called shopping cart by clicking on the button "add to cart". The presentation of the Provider’s products within the Online Shop are intended as an illustration and do not constitute a binding offers for sale. By presenting the products, the Provider requests the Customer to submit an offer for the order. 

2.2. The Customer can submit the offer via the online order form integrated into the Provider's Online Shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button concluding the ordering process. For this purpose, the Customer will be shown a confirmation window ("Complete Order") with the details of his order before the order process is completed. At this stage the Customer can check and correct his entries again. The offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by clicking on the button "I have read and agree to the General Terms and Conditions" and thereby included them in his offer. The Customer may also submit the offer to the Provider by telephone, fax, e-mail or post, including these General Terms and Conditions. 

2.3. Once the Provider has received the order, the Customer will receive a notification that his order has been received and is being processed. For this purpose, the Customer will receive a confirmation e-mail to the e-mail address he has provided. The order confirmation is not already the acceptance of the offer to conclude a contract. The Customer shall be informed with the order confirmation that his order has been received by the Provider. A purchase contract is only concluded when the Provider confirms the purchase to the Customer. The Customer will receive a separate order confirmation for this purpose. The Provider can accept or reject the order within two days of receipt of the order. 

2.4. Contrary to section 2.3, the contract shall be concluded earlier in the following cases: If the Customer has chosen credit card payment as the method of payment, the contract shall come into effect at the time of credit card debiting upon conclusion of the order. If the Customer has chosen PayPal as the method of payment, the contract shall be concluded at the time of confirmation of the payment order to PayPal. If the Customer has selected immediate bank transfer as the method of payment, the contract shall be concluded at the time of confirmation of the payment order to the Customer's bank. If the payment method Prepayment is chosen, the contract is concluded at the time of receipt of the payment to the Provider. 

2.5. When the offer is submitted within the framework of the Online Shop, the wording of the contract is saved by the Provider and sent to the Customer after the order has been dispatched together with these General Terms and Conditions (e.g. by e-mail, fax or letter). Furthermore, the text of the contract is not stored by the Provider and cannot be retrieved after the order process is completed. The Customer can, for example, print out the order confirmation received electronically; all order data is visible in it. 

2.6. The Provider sells goods exclusively to Customers of full age. 

2.7. The sale of the Provider’s products is carried out in quantities customary in households. Even several individual orders, each with smaller quantities of goods, shall be considered as one order for more than usual household quantities. Corresponding contracts for larger than normal household quantities, e.g. for the purpose of commercial resale of the goods by the Customer, require the written consent of the Provider to be valid. 

2.8. The Customer can only order the Provider's goods with an additional shipping and delivery notification service. This is due to the current shipping situation in Europe and the resulting delays in the delivery. Within the scope of this dispatch and delivery notification service, the Customer will receive continuous notifications on the delivery status of the ordered goods to the e-mail address provided during the ordering process. The Provider’s goods cannot be ordered without the Dispatch and Delivery Notification Service. 

3.1. Registered Customers with a delivery address within Germany or Austria can choose within the ordering process the regular delivery of subscription-compatible goods of the Provider ("feed subscription"). In this case, by clicking on the button "SUBMIT ORDER AND PAY", the Customer submits a legally binding offer for the conclusion of a sales contract for the regular delivery of the respective goods. 

3.2. When concluding a sales contract for the regular delivery of the goods in question, the Provider grants the Customer a discount on the regular price of the selected, subscription-compatible goods. Further information on the nature and scope of the discount can be found on the Terra Canis Feed Subscription page of the Online Shop. The Provider is entitled to change the discount granted at any time. The granted discount cannot be combined with other discount actions of the Provider. 

3.3. The delivery of the selected goods by the Provider is carried out regularly at the interval selected by the Customer (approximately weekly or monthly). In the event that the selected goods are not available at the selected delivery interval, the Customer will be informed by e-mail three days before the order is executed. If the Customer does not take action after receipt of the e-mail (for example by adjusting the order execution within the subscription management), the order will be sent without the unavailable items. 

3.4. The purchase agreement for the regular delivery of the goods in question is concluded for an indefinite period. The Customer may terminate the contract for regular delivery of the relevant goods up to three days before the next order execution takes place via the subscription management within the Customer's user account with effect for the next delivery interval. If the cancellation is made at a later date, it will only take effect for the following delivery interval. The Provider may also terminate the contract for the regular delivery of the relevant goods without giving reasons with effect for the next delivery interval.

3.5. The Customer may at any time pause the contract for regular delivery of the relevant goods for a certain period of time or change the selected interval of delivery. 

4.1. Unless otherwise stated in the Provider's Online Shop, the prices quoted are final prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

 

4.2. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Provider is not responsible and which must be borne by the Customer. These may include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Further information on the respective shipping costs can be viewed within the Online shop under the tab "Delivery and Payment". 

4.3. Invoicing is without exception inclusive of the applicable value-added tax and is generally based on the value of the goods ordered by the Customer plus shipping costs, if applicable, which were shown on the order form. 

4.4. The Customer can make payment in advance, direct debit, Paypal, credit card or immediate bank transfer. There is also the possibility of direct debit. If the Customer so wishes, the Customer undertakes to issue the Provider with a SEPA Basic Mandate / SEPA Company Mandate. The direct debit will be collected within six days for new Customers and within three days for existing Customers after the invoice date. The Customer must ensure that the account is covered. Costs incurred due to non-redemption or reversal of the direct debit shall be borne by the Customer as long as the Provider is not responsible for the non-redemption or reversal. In individual cases, the Provider is entitled to accept only certain types of payment depending on the Customer and the selected type of delivery. Further information on the individual payment methods can be viewed within the Online Shop under the tab "Delivery and Payment". 

4.5. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer shall be in default already by missing the deadline. In this case he shall pay the Provider default interest for the year at a rate of five percentage points above the base rate. 4.6. The Customer's obligation to pay interest on arrears does not exclude the Provider from asserting further damages caused by default. 

 

5.1. If no delivery time or no deviating delivery time is indicated for the respective goods within the Online Shop, the delivery time for orders within Germany is approx. two to three working days after receipt of payment for delivery by the service provider DHL GoGreen. For deliveries abroad, the delivery time is approx. two to five working days. Further information on shipping and handling costs can be found in the "Delivery and Payment" section of the Online Shop. 

5.4. The Provider reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the non-delivery is not attributable to the Provider and the Provider has concluded a concrete hedging transaction with the Supplier with due care. The Provider shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.