(1) For the business relationship between the company Anja Stutzke | ASmax® - Health and regeneration for your pet, in the Benden 14, 41379 Brüggen (hereinafter "provider") and the customer (hereinafter "customer") are subject to the following terms and conditions in their version valid at the time of conclusion of the contract. Deviating general terms and conditions of the customer are not recognized, unless the provider agrees to their validity in writing.
(2) The customer is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services can not be predominantly attributed to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The provider offers to the customer to the sale and rental of medical equipment for animals.
(2) The contract is concluded by acceptance of the offer by the provider by the customer. The offer can be accepted by e-mail or letter and assumes that the customer expresses his will to accept the offer.
(3) Upon conclusion of the contract, the customer accepts the terms and conditions of the provider.
(4) The contract is concluded in German. The text of the contract is saved while maintaining data protection. The customer can print or save the contract text.
(1) Delivery times specified by the supplier are calculated from the time of the order confirmation.
(2) If no copies of the product selected by him are available at the time of the customer's order, the supplier shall inform the customer immediately. If the product is permanently not available, the offeror looks from an offer. A contract is not concluded in this case.
(4) The provider delivers within Germany and to Holland as well as Switzerland. The provider reserves the right to deliver to other countries within the EU.
(1) Until full payment, the delivered goods remain the property of the provider.
(2) The provider reserves the right of ownership of the delivered goods to entrepreneurs until full settlement of all claims arising from an ongoing business relationship.
(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business provided that he is an entrepreneur and has received the written consent of the provider. All resulting claims against third parties, the customer prematurely in the amount of the full invoice value to the provider from. The processing of the goods has no influence on the effectiveness of the assignment. However, the customer remains authorized to collect his claims even after the assignment, without the power of the provider to collect the claims is affected. The provider sees of a collection of the claims as long as no application for opening insolvency proceedings is made, and / or the customer meets its payment obligations to the provider abschlagfrei, and / or not in default.
(1) All prices, which are indicated in offers of the offerer, are inclusive of the in each case valid legal value added tax, if not differently indicated.
(2) The corresponding shipping costs / shipping costs are specified to the customer in the offer and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal.
(3) The supplier bears the shipping risk only if the customer is a consumer.
(1) The payment methods are governed by the agreement of the parties.
(2) The due date depends on the term of payment stated on the invoice. The customer is already in default by default of the payment date. In this case, he has to pay the provider for the year default interest i.H.v 5 percentage points above the base rate. If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the base rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
(4) The customer is only entitled to offsetting against the supplier if his counterclaims have been legally established, are undisputed or have been acknowledged by the provider. A right of retention may only be exercised by the customer to the extent that the counterclaim is based on the same contractual relationship.
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months. For used products, which are expressly marked as such, the warranty is limited to 12 months.
(2) If the customer is an entrepreneur, defects must be reported to the supplier in writing without delay, but at the latest within two weeks of delivery. The defective goods shall be kept ready for inspection by the supplier in the condition in which they are at the time of detection of the defect.
(3) Insignificant, reasonable deviations in the dimensions, colors and designs do not entitle to complaints, unless the absolute compliance has been expressly agreed.
(4) Product illustrations may differ from the appearance of the delivered products. In particular, there may be changes in the appearance and in the equipment of the products after renewal in the assortment of manufacturers. Claims for defects do not exist if the changes are reasonable for the customer.
(5) The customer is requested to inform the deliverer of the goods for obvious damage (for example, clearly damaged packaging) if he is a consumer. The rights of the customer under paragraph 1 remain unaffected.
(6) An additional guarantee does not grant the offerer.
(1) The customer is obliged to handle the rental objects carefully and conscientiously and to implement any information provided by the provider and to follow any instructions provided
(2) The customer is prohibited from subletting without the consent of the provider.
(3) If the customer detects a defect in the rental object that significantly limits the usability and necessitates major repairs, he must notify the provider immediately. If the defect can not be rectified immediately by a short-term repair, both parties have the right to terminate the contract without notice. The customer remains obliged to pay the agreed rent until the defect has occurred. If the notification of the defect is not immediate, it is assumed that the defect was caused by the customer.
(4) If the customer has caused the fault himself, he owes the full rent even if he withdraws from the contract.
(1) The tenancy begins with the handover and ends with the return of the object of co-operation, without the need for a termination. For early return the full agreed rental price is payable.
(2) The term of the contract (rental period) is agreed individually between customer and provider. Before expiry of the term, the right to ordinary termination is excluded, this also applies to the right of termination of the heirs in accordance with § 580 BGB.
(3) The right to extraordinary termination for cause remains unaffected.
(4) If the extraordinary termination is due to a fault of the customer, the provider must be provided as it would be if the tenancy had been fully fulfilled. Further compensation claims of the provider remain unaffected.
(5) The date of termination shall be determined by the date of termination. The termination requires the effectiveness of the text form, in the case of entrepreneurs of the written form. The extraordinary termination can also be explained implicitly to customers who are entrepreneurs by taking away the rented item.
(6) The parties may at any time agree on an extension of the tenancy by text form.