AGB

General terms and conditions

General Terms and Conditions of Sale

 The Foundation

Herbert and Maria Welter Animal Welfare Foundation
At the pond 13
53229 Bonn (D)

hereinafter referred to as the Herbert and Maria Welter Animal Welfare Foundation

1 General, scope of application, delivery restrictions

1.1 The following terms and conditions apply to all services provided by the Herbert and Maria Welter Animal Welfare Foundation via the Internet presence https://tierschutzstiftungen.de/ or in any other way (e.g. catalogue) offered deliveries and services. The current version can be found under "General Terms and Conditions" or "GTC" on the website https://tierschutzstiftungen.de/.

1.2 Customers within the meaning of the Terms and Conditions are entrepreneurs pursuant to § 13 BGB and consumers pursuant to § 14 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 The inclusion of the customer's own terms and conditions is hereby objected to.

2. subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description.

3 Conclusion of contract

3.1 All offers of goods presented by the Herbert und Maria Welter Tierschutzstiftung in the online shop, in catalogues or in any other way are merely non-binding invitations to the customer to order goods.

3.2 By placing an order, the customer submits a binding offer to conclude a purchase contract with the Herbert und Maria Welter Tierschutzstiftung.

3.3 The acceptance of a purchase offer shall be made either by sending the goods or by an order confirmation. An order confirmation can only be issued if an e-mail address is provided. A confirmation e-mail that may be automatically generated after receipt of the order in the online shop serves solely to document receipt of the order.

3.4 The Herbert and Maria Welter Animal Welfare Foundation is free not to accept orders. If a customer order is not fulfilled, the customer will be informed immediately.

3.5 The customer assures that the information provided when ordering or registering is true. The Herbert und Maria Welter Tierschutzstiftung must be informed immediately of any changes to this information.

3.6 By placing an order, the customer expressly acknowledges the validity of these terms and conditions.

4. prices

4.1 The prices stated in the respective offers as well as the shipping costs represent final prices. When submitting the offer, the customer agrees to bear the shipping costs.

4.2 All prices include the statutory value added tax.

4.3 The shipping costs incurred are not included in the purchase price. They depend on the respective purchase offer and the shipping information given therein.

4.2 The shipping costs are displayed on an overview page when an order is placed in the online shop before the order process is completed.

5. terms of payment

5.1 Payment shall in principle be made at the customer's discretion in accordance with the payment modalities provided at the time of ordering.

5.2 If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.

5.3 For first-time orders, we deliver exclusively against prepayment for an order value of EUR 100.00 or more.

5.4 In the event of a return debit note not caused by the Herbert und Maria Welter Tierschutzstiftung, the return debit note charges shall be borne by the customer.

6. retention of title

The goods remain the property of the Herbert and Maria Welter Animal Welfare Foundation until the purchase price has been paid in full.

7. delivery and shipping

7.1 Delivery shall be made within the delivery period stated in the item description. The delivery period refers to the working days required for delivery after conclusion of the contract (for credit card payment) or after electronic confirmation of receipt of payment (prepayment) (Monday to Friday, excluding public holidays).

7.2 The Herbert und Maria Welter Tierschutzstiftung is entitled to make partial deliveries to an extent that is reasonable for the customer. The delivery shall be made with several packages if the weight and/or volume of the goods require this or by several individual deliveries if several suppliers are active due to different storage locations of the goods. This applies in particular to multiple orders. If the order contains more than one delivery address, shipping costs will be charged per delivery address.

7.3 Delivery shall be made to the address specified by the customer by post or carrier to the kerbside. The place of delivery is not the place of use planned by the buyer. No assembly or other service beyond delivery to the kerb shall be provided.

7.4 The delivery persons employed by the Herbert und Maria Welter Tierschutzstiftung are not authorised to provide services beyond the scope specified in 7.2. If such services are provided by delivery persons, no claims of the buyer against the Herbert und Maria Welter Tierschutzstiftung shall arise. Any costs incurred as a result shall be borne by the customer.

7.5 For the customer as a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to the customer upon handover of the goods, regardless of whether the shipment is insured or uninsured.

8 Transfer of risk and default of acceptance

8.1 The risk of accidental loss or accidental deterioration of the goods sold shall pass to the customer upon handover of the goods.

8.2 Delivery shall be deemed to have taken place if the goods cannot be delivered to the address specified by the customer at the time of delivery and the customer is responsible for this (default in acceptance).

8.3 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service.

9. information on liability for defects

9.1 The statutory liability for defects shall apply.

9.2 The limitation period for defect claims for originally packaged new goods is 24 months, calculated from the transfer of risk. The limitation period for claims for defects in used goods is 12 months, calculated from the transfer of risk. The one-year limitation period does not apply if the Herbert und Maria Welter Tierschutzstiftung can be accused of gross negligence or malice, nor in the event of physical injury or damage to the customer's health attributable to the Herbert und Maria Welter Tierschutzstiftung.

9.3 Should the packaging be visibly defective upon delivery of the goods, the customer as consumer is requested to open the package in the presence of the transport person in order to check the goods for completeness, obvious defects and transport damage and to note any complaints on the delivery note and to notify the Herbert und Maria Welter Tierschutzstiftung as soon as possible. If the customer does not comply with this request, this shall have no effect on the statutory claims for defects.

10. Liability

10.1 The Herbert und Maria Welter Tierschutzstiftung shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. Insofar as the Herbert und Maria Welter Tierschutzstiftung is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage. The Herbert und Maria Welter Tierschutzstiftung is liable in accordance with the statutory provisions if the Herbert und Maria Welter Tierschutzstiftung culpably breaches a material contractual obligation; in this case too, liability for damages is limited to the foreseeable, typically occurring damage. A material contractual obligation exists if the breach of duty relates to an obligation on the fulfilment of which the customer has relied or should have relied.

10.2 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

10.3 Unless otherwise stipulated above, liability is excluded.

11. reservation of right of modification

The reproduction of our goods on our homepage or in any other way may deviate from the original for technical reasons. We reserve the right to make minor, reasonable deviations in quantity, dimensions, weight and/or colour.

12. statutory right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy. Digital products, magazines, print on demand (books and construction plans), mystery boxes and individualised products are excluded from the right of withdrawal. CDs, DVDs or books from which the seal or packaging has been removed are also excluded from cancellation. The consumer shall bear the direct costs of returning the goods (in accordance with Article 246a § 1 paragraph 2 sentence 1 number 2 of the Introductory Act to the German Civil Code). Further information on revocation can be found here.

13. data protection

13.1 The customer's data required for this purpose shall be collected and stored for the purpose of processing the business. Data processing is carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Personal data will only be requested for the purpose of processing the order.

13.2 The customer consents to the collection, processing and use of his personal data by the Herbert und Maria Welter Tierschutzstiftung for the fulfilment of the business purpose. After the contract has been fully processed, the data will initially be stored, taking into account tax and commercial law retention obligations, and deleted after expiry of the deadline, unless the customer has consented to further processing.

13.3 The customer has the right to free information about his stored data at any time as well as the right to correction, deletion or blocking. The necessary contact details can be found in the imprint.

14 Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favourability principle). The place of jurisdiction is, as far as legally permissible, Baden-Baden.

15. information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the internet at the following link: ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

The Herbert and Maria Welter Animal Welfare Foundation is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. information on product evaluations

Product reviews can only be made by registered, verified users in order to prevent fake reviews. No further verification takes place.