General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Granting of Usage Rights for Digital Content
- Contract Duration and Termination for Subscription Contracts
- Retention of Title
- Liability for Defects (Warranty) & Satisfaction Guarantee
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Vetain GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods displayed by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these Terms and Conditions means data created and provided in digital form.
1.4 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional.
1.5 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.6 The subject of the contract can – depending on the seller's product description – be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer by e-mail or telephone to the seller.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal User Agreement, which can be viewed at https://www.paypal.com
2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is placed. No further access to the contract text is provided by the seller. If the customer has created a user account in the seller's online shop before placing the order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login data.
2.7 Before submitting a binding order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 Consumers can also exercise their right of withdrawal via the electronic withdrawal function provided on the seller's website. Further details can be found in the seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the customer's bank account is debited. More information about the payment method "SOFORT" can be found online at https://www.klarna.com
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. For payment processing, Stripe may use additional payment services, which may be subject to special payment conditions that the customer will be informed about separately if applicable. Further information about "Shopify Payments" can be found online at https://www.shopify.com
4.6 If a payment method offered via the payment service "mollie" is selected, the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. For payment processing, mollie may use additional payment services, which may be subject to special payment conditions that the customer will be informed about separately if applicable. Further information about "mollie" is available on the internet at https://www.mollie.com
4.7 If a payment method offered via the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:
https://vetains.shop
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller’s fault and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by download
- by email
- by post
5.7 Digital content is provided to the customer as follows:
- by download
- by email
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer a non-exclusive, unlimited in time and place right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has fully paid the owed remuneration. The seller may allow use of the contractual content provisionally even before this point. Such provisional permission does not transfer any rights.
7) Contract duration and termination of subscription contracts
7.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term specified in the respective product description in the seller’s online shop. The subscription contract can be terminated at any time during the minimum term effective at the end of the minimum term and after the minimum term with a notice period of 14 days.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the mutual interests, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Cancellations can be made in writing, in text form (e.g., by email), or electronically via the cancellation facility (cancellation button) provided by the seller on their website.
8) Retention of Title
If the seller advances performance, they reserve ownership of the delivered goods until full payment of the owed purchase price.
9) Warranty (Guarantee) & Satisfaction Guarantee
Unless otherwise specified in the following provisions, the regulations of statutory warranty apply. Deviating from this, in contracts for the delivery of goods:
9.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of warranty claims.
9.2 The above-regulated limitations of liability and shortening of periods do not apply
- for claims of the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any possible obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
9.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
9.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to fulfill these notification obligations, the goods are deemed approved.
9.5 If the customer acts as a consumer, they are requested to report any obvious transport damages on delivered goods to the carrier and inform the seller accordingly. Failure to do so will have no impact on their statutory or contractual warranty claims.
Satisfaction Guarantee
The following satisfaction guarantee is a voluntary service provided by the seller and exists independently of and in addition to the statutory right of withdrawal according to clause 3 of these Terms and Conditions as well as the seller's withdrawal instructions.
The seller offers the customer a 30-day satisfaction guarantee. If the product does not meet their expectations, they can claim it within 30 days of delivery. The seller will refund the money after the product(s) have been returned.
The satisfaction guarantee can always be claimed if:
a. the product is still original sealed/unopened
b. a maximum of 2 products of one category have been opened and a maximum of 2 portions have been taken
For example, if 3 protein powders have been opened, the satisfaction guarantee can only be claimed for 2 of the protein powders, as it should already be clear after testing the 2nd product of the same category that the product is not liked.
Free products included in the order must also be returned for a refund to be issued.
10) Special conditions for processing goods according to specific customer instructions
10.1 If the seller owes not only the delivery of goods but also the processing of the goods according to specific customer instructions under the contract, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller and grant the necessary usage rights. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility that they have the right to use the content provided to the seller. In particular, they ensure that no third-party rights are violated, especially copyrights, trademarks, and personal rights.
10.2 The customer indemnifies the seller against claims from third parties that may arise in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the legal violation. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary to examine the claims and mount a defense in the event of a third-party claim.
10.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or good morals. This applies especially to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
11) Redemption of Promotional Vouchers
11.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if such a restriction is stated in the content of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
11.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
11.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within their statutory right of withdrawal.
11.10 The promotional voucher is transferable. The seller can fulfill the obligation by paying the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligently unaware of the holder's lack of authorization, legal incapacity, or lack of representation authority.
12) Redemption of Gift Vouchers
12.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiration date.
12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
12.4 Multiple gift vouchers can be redeemed in one order.
12.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
12.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.
12.8 The gift voucher is transferable. The seller can fulfill its obligation by paying the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of representation authority of the respective holder.
13) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
14) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to bring an action before the court at the customer's place of business.
15) Code of Conduct
- The seller has agreed to the terms of participation for the eCommerce initiative "Fairness in Trade," which can be found online at https://www.fairness-im-handel.de
16) Alternative Dispute Resolution
16.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu
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.
16.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.