GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
This translation is for information purposes only. The German version is authoritative.
1. Scope of APPLICABILITY
The following terms and conditions apply to all orders placed via our online store.
2. COntractual partner, conclusion of contract
The purchase contract is concluded with the company EQUOVIS GmbH. Upon receipt of the order, we will send an email confirming that we have received the order. The purchase contract is concluded after delivery of the goods. The goods offered are only sold in normal household quantities and only to persons of legal age. EQUOVIS GmbH reserves the right to reject incoming order inquiries for economic reasons - even without giving reasons.
3. Condition of the goods
We reserve the right to make changes to the design and shape of the delivery item, provided that the delivery item is not significantly changed and the changes are reasonable for the buyer.
- Samples, specimens, analysis data and other quality specifications of the seller are, within the scope of customary commercial practice, only indications within the actual range of the corresponding values for dimensions, color, quality, chemical composition and mode of action of the goods delivered by the seller.
- We only assume a guarantee for the quality, durability or yield of the delivery item by express declaration, but not on the basis of the content of product descriptions, technical data and other printed matter and information. The seller shall only be liable for public statements, in particular in advertising, if he has caused these statements to be made. Furthermore, the seller is only liable if the advertising has actually influenced the customer's decision to buy.
- Payment The following payment methods are available in our store: Payment in advance Payment is made in advance by bank transfer. After receipt of payment, the goods will be shipped by the seller. PayPal Plus - PayPal, purchase on account, direct debit or credit card PayPal PLUS combines the four most popular payment methods for fast checkout - PayPal, direct debit, credit card and purchase on account.
5. delivery times and delay
- The delivery period shall commence on the day on which a written purchase contract is signed or the order confirmation is sent, but not before the documents, approvals and releases to be provided by the Buyer have been provided and the agreed down payment has been received.
- The delivery period shall be extended appropriately - even within a delay - in the event of measures within the framework of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond the control of the seller, insofar as such obstacles demonstrably have a considerable influence on the delivery of the sold item and the seller is not at fault.
- Compliance with the delivery period presupposes the fulfillment of the buyer's contractual obligation existing up to the time of delivery.
- The Seller shall be entitled to withdraw from the contract in the event that its supplier does not fulfill its delivery obligation or does not fulfill it properly, provided that the delivery contract concluded between the Seller and the supplier promised to provide security for timely and proper delivery to the Seller to the same extent as agreed between the Seller and the Buyer under this contract (congruent hedging transaction).
6. Self pick-up
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
7. warranty and notice of defects
- The Seller shall provide a warranty for the delivery item in accordance with the statutory provisions, unless the Buyer commits a breach of duty or unauthorized handling and unless otherwise specified below:
- The following applies to consumers:
2.1. The Buyer's claims and rights in the event of defects in a used, movable delivery item shall become time-barred one year after the transfer of risk, subject to the provisions in Section 7, No. 4.
2.2. Consumers must report obvious defects within a period of one month from receipt of the goods. Timely dispatch shall suffice to meet the deadline. If no notification is made within this period, the warranty rights for obvious defects shall lapse. This shall not apply in the event of fraudulent intent on the part of the seller. - The following applies to business owners:
3.1. The sale of used, movable delivery items is subject to the exclusion of any warranty.
3.2. Claims and rights of the Buyer in the event of defects in movable, newly manufactured delivery items shall become time-barred one year after the transfer of risk, subject to the provisions in Section 7, No. 4.
3.3. For defects that significantly reduce the value of the goods or their suitability for the contractually stipulated use, the seller shall, at his discretion, initially provide subsequent delivery or rectification. In the case of insignificant defects, the seller may grant a reduction in price instead of subsequent performance.
3.4. If the subsequent performance has failed, the buyer shall only be entitled to the rights of reduction, withdrawal and/or compensation instead of performance if he has set the seller a grace period of at least 14 calendar days for subsequent performance in writing before exercising these rights. These rights also presuppose that the Buyer clearly threatens the Seller that it will no longer accept subsequent performance after this period has expired. The above provision (Clause 7, 3.4.) shall not apply if the setting of a deadline is not required by law.
3.5. The buyer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect is discovered, notify the seller immediately. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved even in view of this defect. - The above provisions on the exclusion of the Buyer's claims for defects and the limitation periods shall not apply to claims for damages in cases of intent or gross negligence or in cases of injury to life, limb or health. They also do not apply to defects in items that are used for a building in accordance with their normal use (§ 438 Para. 2 No. 1 BGB).
8. SPECIAL AGREEMENTS
For buyers who are registered traders, the Hamburger Futtermittel-Schlußschein No. I a shall apply in addition. Minor deviations or changes in the mixing ratio shall not constitute grounds for complaint.9. RETENTION OF TITLE
The goods remain our property until full payment has been made.10. CONTRACT LANGUAGE
The language available for the conclusion of the contract is German.11. DISCLAIMER
On its website, EQUOVIS GmbH provides links to other websites that are maintained by third parties. The content offered on these websites does not originate from EQUOVIS GmbH and does not reflect its opinion. EQUOVIS GmbH expressly emphasizes that it has no influence whatsoever on the design and content of the websites to which it provides links. Therefore, it hereby expressly distances itself from all content of all sites linked to from its homepage and does not adopt their content as its own. This applies in particular in the event that the user, through the use of the EQUOVIS GmbH website offer, could come across the content of external providers which the user could find offensive or inappropriate. Accordingly, EQUOVIS GmbH accepts no liability whatsoever for the content of the pages to which reference is made from EQUOVIS GmbH's own Internet pages.
12. COPYRIGHT AND TRADEMARK LAW
The offer on this website is provided and monitored by EQUOVIS GmbH, Industrieweg 110, 48155 Münster, e-mail: info@equovis.de. All data, information and material on this site, icons/images, illustrations, audio and video clips, brochures are protected by copyrights, trademarks and other intellectual property rights held/controlled by EQUOVIS GmbH or other parties and for which EQUOVIS GmbH has been granted licenses. This material/data may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail and other electronic means. Without the prior consent of EQUOVIS GmbH, the modification of the data, information and material, their use on other websites or networked computer environments and their use for other than personal, non-commercial purposes is a violation of copyright, trademark and other proprietary rights and is therefore prohibited. We reserve the right to civil and criminal prosecution in the event of copyright infringements.
13. CONTENT OF THE ONLINE OFFER
As an Internet provider, EQUOVIS GmbH (hereinafter referred to as EQUOVIS GmbH) is responsible under general law for its own content that it makes available for use. However, EQUOVIS GmbH assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against EQUOVIS GmbH relating to damage of a material or non-material nature caused by the use or non-use of the information provided are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of EQUOVIS GmbH. EQUOVIS GmbH reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to temporarily or permanently cease publication.
14. LEGAL VALIDITY OF THIS DISCLAIMER
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
15. Severability clause
Should any provision of these General Terms and Conditions for the sale of goods be invalid, this shall not affect the validity of the remaining provisions. The ineffective part shall be replaced by a provision that comes closest to the content of the ineffective provision.