General Terms and Conditions
1 Scope
These General Terms and Conditions apply to all purchase orders, which consumers submit via the online shop of
Ludwig Bertram GmbH Medvet Im Torfstich 7 30916 Isernhagen Germany(hereinafter referred to as “Medvet”).
Agreements to the contrary shall only apply if Medvet expressly confirms them in writing, however they shall have no effect in the future.
A consumer is any natural person, who concludes a legal transaction for a purpose which cannot be attributed either to their commercial or self-employed professional activities.
2 Conclusion of a Contract
The offers on the Internet are non-binding and subject to alteration and do not constitute any offer to conclude a purchase agreement. The purchase order for the goods takes place by means of electronic transmission of the completed order form. The confirmation of the receipt of the purchase order takes place by means of an automated email directly after the purchase order has been sent and does not constitute any acceptance of a contract. The contract comes about when the goods are sent or when an order confirmation is transmitted.
If a product cannot be delivered due to force majeure, production difficulties or production stoppage and cannot be obtained under reasonable conditions on the part of Medvet, then Medvet can rescind the contract so long as these circumstances occur after the conclusion of the contract and are not the fault of Medvet. Medvet shall inform the purchaser immediately in this case and refund any payments that may have been made by the purchaser. The purchaser shall not have any further claims.
3 Prices
The prices stated on the product pages include statutory VAT and shall be understood to be exclusive of postage and packing.
The minimum order value is 20 euros.
4 Postage and Packing
For deliveries within Germany we charge a flat rate of EUR 8.50 per order. The postage and packing flat rate shall only be charged once even if the delivery is made in several partial deliveries.
Postage and packing is free for orders with a value over €90.00 sent to destinations in Germany.
If paying cash on delivery there is an additional charge of EUR 5
In the case of delivery to countries other than Germany additional taxes, customs duty and other costs may arise, which are not taken into account in the prices stated. These must be paid by the purchaser.
5 Terms of Delivery
The delivery of the ordered goods usually takes place 2-4 working days after receipt of your order.
If not all products are on stock partial deliveries can be made at the request of the purchaser.
If the ordered product is not available because it has not been delivered to us by our suppliers through no fault of our own, Medvet can withdraw from the contract. In this case Medvet shall inform the purchaser immediately and suggest the delivery of a comparable product if appropriate. If no comparable product is available or the purchaser does not wish to have a comparable product delivered then Medvet shall refund the purchaser any payments already made, if applicable.
7 Terms of Payment
The purchase price shall be due immediately. Payment shall be made either by prepayment, invoice, or credit card. Medvet reserves the right to rule out methods of payment. If payment is being made in advance the ordered goods shall only be despatched after the full purchase price has been credited to Medvet. If payment is being made by credit card or direct debit your account will be debited 7 days after the despatch of the goods. If the purchaser selects the prepayment method the full amount of the order is to be transferred to the following bank account:
Bank: Postbank Hannover Account number: 10 55 308 Sort code: 250 100 30
Any costs arising as a result of a chargeback of a payment transaction due to the lack of funds in the account or on the grounds of incorrect bank details given by you shall only be borne by Medvet if Medvet is responsible for this. Otherwise they will be charged to the purchaser. If paying by card the purchaser’s bank account shall only be debited 7 days after the despatch of the ordered goods.
If the purchaser defaults then interest shall be charged on the purchase price during the default period at the rate of 5% above the respective base rate. Medvet reserves the right to prove and claim a larger amount of damage caused by delay.
The purchaser shall only have a right to offset if his counter-claims have been established by a court and are legally binding or uncontested or acknowledged by Medvet in writing.
8 Retention of Title
The ordered goods remain in the possession of Medvet until full payment.
9 Returns Policy
Right of return:You may return the received goods without stating the reasons within 14 days by sending the goods back. The deadline begins after receipt of this policy in text form (e.g. as a letter, fax or email), but not before the receipt of the goods by the recipient (in the event of recurring delivery of identical goods not before receipt of the first partial delivery) and also not before fulfilment of our duty of information in accordance with article 246 section 2 in conjunction with section 1 paragraphs 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) and our obligations under section 312e paragraph 1 clause 1 of the German Civil Code (BGB) in conjunction with article 246 section 3 of the EGBGB. You can only state your intention to return the goods by means of demanding in text form that the goods are collected in the case of goods that cannot be despatched as parcels (e.g. bulky goods). In order to meet the deadline the timely despatch of the goods or demand for goods to be taken back shall suffice. In each case the return shall be at our costs and risk. The return or demand for goods to be taken back shall be made to:
Ludwig Bertram GmbH
MEDVET
Im Torfstich 7
30916 Isernhagen
Germany
Directors: Dirk Moch, Thomas Ritter, Andreas Schaper, Birger Tegtmeier
Consequences of a return:
In the event of an effective return the goods and services received by both parties shall be given back and if applicable, any benefits derived (e.g. benefits of use) surrendered.
In the event of a deterioration of the goods compensation for the value can be demanded. This shall not apply if the deterioration of the goods can be traced exclusively back to their inspection – in the manner in which you would have been able to inspect them in a retail shop. You do not have to pay any compensation for deterioration that has occurred through the intended use of the item. Obligations to refund payments must be met within 30 days. For you this period before the deadline begins when the goods are despatched or at the time of the demand for the goods to be taken back and for us on receipt.
Financed transactions:
If you have financed this contract with a loan and are making use of your right of return you are also no longer bound by the loan agreement if both contracts form an economic unity. This is to be assumed in particular if we are simultaneously your lender or if your lender avails itself of our assistance with regard to the finance. If the loan has already accrued to us when the revocation or return has become effective then your lender enters into our rights and obligations in relation to you arising from the financed contract with regard to the legal consequences of the revocation or return. If you want to avoid being bound by a contract as far as possible, make use of your right of return and revoke your declaration of intention regarding the conclusion of the loan agreement.
End of the returns policy.The right of return does not exist in the case of the delivery of goods, which were manufactured according to customer specifications or are clearly tailored to personal requirements.
10 Recommendation for returns
In order to make the return within Germany of packaged goods as simple as possible we have enclosed a returns note with the delivery. You can then hand the package over to any GLS package shop branch. We would be happy to let you know where your nearest GLS branch is.
11 Liability
Medvet’s liability in cases of intent or gross negligence by Medvet or a representative or vicarious agent shall be in accordance with statutory provisions. Apart from this Medvet shall only be liable in accordance with the German product liability law, on the grounds of injury to life, body or health, or on the grounds of a culpable breach of essential contractual obligations. Compensation for a breach of essential contractual obligations is however limited to foreseeable damages typical of the contract.
12 Data Protection
The purchaser is aware and consents to the fact that his personal data that are needed exclusively for the processing of the contract and purchase order will be stored on data carriers. The purchaser expressly agrees to the collection, processing and use of the personal data within the scope of the business activities of Medvet. Medvet shall not forward such data to third parties without the consent of the purchaser. This shall not apply to delivery companies involved in the processing of the contract and the bank instructed for the payment.
The purchaser can revoke this consent at any time with effect for the future. Medvet shall undertake in such a case to delete the personal data immediately, unless the purchase order has not yet been fully processed.
12. Information regarding batteries / rechargeable batteries / electrical appliances
Batteries/rechargeable batteries must not be disposed of in household rubbish. Every consumer is legally obliged to take batteries and rechargeable batteries to a municipal collection point or to a retail shop so that they can be disposed of without damaging the environment. We do of course also accept your batteries/rechargeable batteries back free of charge. Please send them back with sufficient postage to:
Ludwig Bertram GmbH
- Battery Returns -
Im Torfstich 7
30916 Isernhagen
Germany
Batteries containing harmful substances are marked with a dustbin that has been crossed through. Below this are the chemical signs for the harmful substance (Cd = cadmium; HG = mercury; Pb = lead).
Electrical appliances may not be placed in household rubbish either. Every consumer is legally obliged to dispose of old appliances separately from household rubbish and to take them to a municipal collection point, for example. They are taken free of charge and passed on for environmentally friendly disposal. Electrical appliances are marked with the corresponding symbol.
13 Place of Jurisdiction, Applicable Law
The place of jurisdiction for all disputes arising from this contractual relationship for fully qualified merchants is Hannover.