Pets Best Terms and Conditions

Terms and Conditions

1. SCOPE

These Terms and Conditions apply to all orders and deliveries between

Pets Best GmbH
Lahrweg 34
58706 Menden

Tel: 0049 (0) 2373/ 1798456
Email: info@pets-best.de

Arnsberg Local Court: HRB 10102
VAT ID No. DE285265343

Managing Directors: Michael Pahl & Philipp Pahl

and to its customers via the reseller shop: www.pets-best.de. The product range in our reseller shop is intended exclusively for buyers who are at least 18 years of age and are considered business owners within the meaning of Section 14(1) of the German Civil Code (BGB).

2. CONCLUSION OF THE CONTRACT

The product images in our online store do not constitute a legally binding offer but are for illustrative purposes only. By clicking the "Buy Now" button, the customer places a binding order for the items in the shopping cart. The contract is not yet concluded when the customer submits the order. The customer will receive an automated confirmation of order acceptance via email immediately after submission (order confirmation). This order confirmation does not constitute acceptance of the offer but is intended solely to inform the customer that the order has been received by Pets Best GmbH.

The contract with Pets Best GmbH is not concluded until Pets Best GmbH ships the ordered product to the customer. The contract is concluded exclusively in German and English. Please note that, in exceptional cases, we are not obligated to deliver the ordered goods if we have properly ordered the goods on our end but have not received them correctly or on time. A further prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of such unavailability of the goods, we will immediately refund any payments already made.

3. PRICES AND SHIPPING COSTS

Prices

The prices applicable are those in effect at the time the order is placed. Therefore, there is generally no entitlement to receive goods at lower prices that were in effect before or after the order was placed. In the rare event that we choose to apply price reductions that occur before delivery to your current order, we do so voluntarily and without any legal obligation. The prices listed by us in the B2B shop, as well as in price lists and catalogs, are subject to change without notice, unless otherwise agreed in individual cases. Value-added tax (VAT) is charged in accordance with the tax rates legally established at the time of the order, and all prices are exclusive of applicable shipping costs and/or customs duties incurred abroad. All prices are quoted in € (EUR).

Shipping costs

Please check your customer account for all shipping costs, or contact us.

4. PAYMENT

The payment terms agreed upon in each individual case apply. Please refer to your customer account for these terms orcontact us. You may only fulfill your obligation to pay the purchase price by offsetting it against a claim if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, you are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

5. DELIVERY

Shipments are typically made via DPD within 2–3 business days of receiving the order. Pets Best GmbH reserves the right to decline incoming order requests for business reasons—even without providing a reason. We fulfill our obligations under the purchase agreements concluded with you by delivering the goods from our warehouse in Menden. We are entitled to make partial deliveries, provided that the partial delivery is reasonable for the buyer in the specific case.

Our obligation to perform is limited, until the goods are handed over to the shipping or transport company, to the stock of goods of the same type and with the same description available in our warehouse. We have no further obligation to procure goods. In particular, we are under no obligation to reorder the same goods from our supplier. If the buyer is in default of acceptance or if delivery is delayed for other reasons for which the buyer is responsible, we are entitled to charge the resulting costs to the customer.

Retention of Title

We reserve title to the purchased goods until all payments under the sales contract have been received. You are obligated to handle the goods with care, in particular to protect them from damage. You are entitled to resell the purchased goods in the ordinary course of business. However, you hereby assign to us, by way of security, all claims arising from such resale.

6. BILLING

Upon acceptance by Pets Best GmbH of the request to send invoices electronically via email, the customer will receive invoices electronically at the email address provided. The invoice is valid without a signature. The customer waives the right to receive the invoice by mail. Pets Best GmbH is not obligated to accept a request for electronic delivery of the invoice via email.

The customer is responsible for ensuring that all electronic invoices sent via email can be delivered properly. The customer must immediately notify us in writing of any change in email address. Pets Best GmbH is not liable for any damages resulting from the increased risk associated with electronic invoicing compared to postal delivery. The customer may opt out of electronic invoicing at any time.

7. WARRANTY

Unless otherwise expressly agreed, your warranty claims are governed by the statutory provisions of sales law (Section 433 et seq. of the German Civil Code (BGB)), subject to the following modifications:

We reserve the right to make minor changes in color, material thickness, or design.
The buyer is required to inspect the goods immediately and report any defects.
In the event of defects, we will, at our discretion, either repair the item or provide a replacement.

Section 377 of the German Commercial Code (HGB) applies to notices of defect.

Liability

We are fully liable in accordance with statutory provisions for damages resulting from injury to life, limb, or health. We are liable for property damage and financial loss only in cases of willful misconduct or gross negligence. Otherwise, our liability is excluded.

8. PRIVACY POLICY

Pets Best GmbH takes the protection of your privacy very seriously. For more information, please visit Pets Best GmbH Privacy Policy.

9. COPYRIGHT

All content, photos, text, and graphics are protected by copyright. They may not be copied, modified, reproduced, or published, either in whole or in part, without prior written permission. Any violation of the provisions of the German Copyright Act (UrhG) may result in civil and criminal penalties.

10. FINAL PROVISION

If one or more provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. Contracts between us and you are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant, a legal entity under public law, or a special fund under public law, the seller’s place of business shall be the place of jurisdiction.

Pets Best GmbH
(AG Arnsberg HRB 10102)
Managing Directors Michael Pahl & Philipp Pahl
Lahrweg 34
D-58706 Menden
GERMANY

As of: December 6, 2018