1. Scope of application
1.1 The Following General Terms and Conditions of Business shall apply exclusively to the business relationship between reseller MagX Pets (hereinafter referred to as MP), manufacturer Pet Interiors (hereinafter referred to as Pi) and the ordering party.
2. Offer and conclusion of a contract
2.1 Your order and the sending thereof constitute an offer made to MP to conclude a purchase contract.
2.2 Following receipt of your order, MP shall provide you, via e-mail, with confirmation of receipt of your order. This order confirmation does not constitute an acceptance by MP of your offer to conclude a purchase contract. It solely confirms the receipt of your order.
2.3 The purchase contract between you and MP shall come into force only when the ordered goods have been made available by MP in a form ready for dispatch and a second notification has been sent to you via e-mail (confirmation of dispatch).
3.1 Unless agreed otherwise, delivery shall be made by Pi to the delivery address which you specified.
3.2 Deliveries are made in the fastest possible way to the delivery address which you specified. Details relating to a delivery deadline shall in each case be non-binding, provided that no delivery deadline was agreed separately and in writing.
3.3 In the event of non-availability, Pi shall be entitled to carry out the order in part deliveries within a reasonable period of time. In this case, a flat-rate charge for postage and packing shall apply only once.
3.4 The purchase contract is concluded under reservation of the right to deliver correctly and on time ourselves. If the supplier of Pi fails to supply us with the ordered goods contrary to a contractual obligation, MP shall be entitled to rescind the contract. In this case, you will be informed immediately in writing of the non-availability of the goods and any purchase price which has already been paid will be refunded immediately.
3.5 If the order is carried out in part deliveries, the right of rescission pursuant to section 3.4 shall be restricted to the articles not yet delivered, provided that these cannot be subsequently delivered within a reasonable period of time.
In this case too, you will be informed immediately in writing about the non-availability of the goods and any part purchase price which has already been paid will be refunded immediately.
4. Instructions of withdrawal
4.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform Magx Pets:
MagX Pets I Zaanweg 19 Wormerveer 1521DJ I The Netherlands I Tel.: 0031 642566733, email: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. We will collect the goods. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the instructions of withdrawal.
5.1 The prices given are in EUR currency and include the statutory value added tax applicable in each case in The Netherlands. This also applies to orders received from other EU countries.
5.2 In the case of foreign deliveries made to non-EU countries, we shall show the value added tax included for The Netherlands separately in the invoice.
6. Postage and packaging costs
6.1 Postage and packaging is free of charge for orders for delivery in the E.U.
6.2 We shall levy a flat-rate charge for postage and packaging plus any customs charges incurred for orders for delivery to non EU countries.
Flat-rate postage and packing charges as well as customs charges will be shown separately when ordering in the shopping basket. Special Delivery is required for express, Courier services and will be communicated to the buyer as soon as purchase is made.
7. Payment and dispatch from Germany.
7.1 Goods ordered are dispatched against advance payment.
7.2 You will receive an invoice for goods ordered together with a dispatch confirmation once these goods have been made available for dispatch.
7.3 Goods ordered are dispatched immediately from Germany, at the latest five (5) working days following receipt in full at MP of the invoice amount.
7.4 In the event that the invoice amount is not paid, MP shall be entitled to rescind the contract. Additional legal claims shall remain unaffected.
8. Reservation of title
The goods delivered shall remain the property of Pi until payment has been received in full by MP.
9. Guarantee and liability
9.1 Any description whatsoever of our products constitutes purely a description of performance and does not contain any guarantee for the composition of the object of the contract, its suitability for a particular purpose or its durability. Corresponding guarantee undertakings must be agreed separately and in writing in each case.
9.2 In the event of a defect, you may request subsequent performance (elimination of defects or replacement delivery).
If subsequent performance is unsuccessful, you may rescind the contract or reduce the purchase price in the event of a considerable defect. Claims for compensation may only be asserted within the scope of sections 9.3 to 9.6 of these General Terms and Conditions of Business below.
9.3 In the event of intent, claims in accordance with the German Product Liability Law or injury to life, body or health, Pi shall be liable in accordance with legal regulations.
9.4 In the event that an animal is killed or injured, Pi shall be liable in deviation from 9.3 exclusively in the case of intent or gross negligence as well as in accordance with the regulations of the German Product Liability Law.
9.5 In the case of gross negligence, Pi ’s liability shall be restricted to reparation of the typically foreseeable damage; this restriction shall not apply if the damage was caused by managerial staff of Pi.
9.6 Pi shall not be liable for damages resulting from simple negligence.
9.7 In the case of subsequent performance by means of a replacement delivery, Pi can make the replacement delivery dependent on the prior return of the defective goods.
10. Set-off and right of retention
10.1 A set-off in respect of pi is permissible only with claims set-out in a legally binding manner or not disputed by pi.
10.2 The exercising of a right of retention is in respect of pi permitted only insofar as the counterclaim put forward is based on the same contractual relationship.
11. Data protection
The passing of personal information to third parties: MP uses your personal information for processing product orders and only within the online-shop. MP does not pass on your data to third parties without your express permission. Should we be obliged by law or as a result of a decision of a court to do so, we shall pass on your data to institutions entitled to receive this information.