Terms of service
For orders in the online shop of bitop Animal Health & Care GmbH
The provider in the sense of the Telemedia Act (TMG) for the goods available on the website www.bitopequi.de is:
bitop Animal Health & Care GmbH
Phone: +49 (0) 231 98 77 44 0
Fax: +49 (0) 231 98 77 44 0
VAT ID no: DE 324401439
2. Processing of orders via the online shop
2.1 We will carry out all orders made through our online shop - conditional on clause 2.2 - exclusively based on our GTC in the version valid at the time the order is made.
2.2 Amendments and supplements to these GTC and ancillary agreements shall require the written form to be valid. This also applies to revocations of this formal requirement.
3. Offer and conclusion of contract, corrections, printing/ saving of contract text
3.1 The goods listed in our online shop represent only non-binding offers from us to conclude a purchasing agreement with you.
3.2 You can select your desired goods from the online shop and press the button “Add to shopping cart” to collect them in a virtual shopping cart. When you click the order button, you submit a binding offer to conclude a purchasing agreement for the goods you have selected.
3.3 After we receive your order, you will receive an order confirmation with your order details. This order confirmation is not an acceptance of the offer; instead, it simply informs you that we have received your order. Your order will be accepted by a separate e-mail (such as a shipping confirmation) or by sending you the ordered goods.
3.4 You can correct your order information at any time up until you press the order button.
3.5 We save and process order data and the text of the contract electronically in accordance with data privacy laws, in particular with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). You can print out the contract text using the print function of your browser, or save the content by taking a screenshot.
4. Prices, payment options and billing
4.1 All of the prices listed in our online shop are gross prices, and include VAT at the current statutory rate.
4.2 A flat shipping charge will apply to send your ordered goods. An overview of shipping costs is available in the “Shipping conditions” section. The specific shipping charge for your order will be listed in the order overview.
4.3 You can make payments via advance payment, immediate transfer or PayPal. If we need to return your payment, we will use the same payment method you used when submitting it.
4.4 Of course, you will always receive a properly issued invoice for every delivery.
5.1 If we send your order in a package, then it will be shipped by a transportation company of our choice. The shipping costs are listed in the “Shipping conditions” section of our website.
5.2 We have calculated our indicated delivery times to the best of our knowledge and in consideration of the information provided to us by our service providers. If delivery times are not indicated, your order will be ready for delivery at the latest within 1-4 business days after the contract is concluded. For orders to be processed properly, our suppliers must send their own deliveries (promptly). Events for which we are not responsible (such as force majeure, strikes) may result in extended delivery times.
5.3 If one of the items you have ordered is no longer available for delivery, then at our discretion we may deliver and invoice part of your order or reject your entire order. We will inform you promptly via e-mail of which version we select, and will reimburse any amounts paid for undeliverable goods promptly.
5.4 We bear the risk of shipping (for instance damaged or destroyed goods) for all orders by consumers. For orders placed by companies, the risk of destruction or deterioration shall be transferred to the ordering party once we have handed over the goods to the commissioned transportation company. For consumers, risk shall be transferred when goods are handed over to the ordering party or a third recipient authorised by them (such as a neighbour). If the ordering party is in default of acceptance, then our liability will be restricted to intentional actions and gross negligence.
6. Inspection goods, complaints for defects and defect liability
6.1 We take the greatest possible care to ensure goods ordered from us are free from defects, and complete a thorough inspection of outgoing goods for this purpose. However, it is possible that you may be unsatisfied with your goods for some reason. Please note that if you submit your order as a business owner in the sense of Sec. 14 BGB, then you are obligated in accordance with Sections 377, 378 HGB to inspect the goods immediately upon receipt and submit any complaints or notify us of any defects promptly. If you place an order as a consumer in the sense of Sec. 13 BGB, then we request that you also inspect the goods in your own interest, and that you contact us promptly if you discover any defects or if we deliver the wrong goods or the wrong quantity of goods. However, failure to observe this request will not affect your statutory claims for defects.
6.2 After we receive your defect complaint, we will contact you promptly. If there is a defect, we will work to the best of our ability to correct it as quickly as possible. Please note that all information provided in our online shop should be considered descriptive, and does not represent any guarantee.
The statutory regulations on material defects and defects of title apply, and we will initially only offer supplementary performance in the form of correcting the defect (rework) or delivering goods that are free from defects (re-delivery). If the type of supplementary performance you select would result in unreasonable costs for us, however, we are entitled by law to reject this selection and provide supplementary performance using the other method.
6.3 If supplementary performance is not successful, then by law you can choose to either request a reduction in the purchase price (reduction) or withdraw from the agreement. Further statutory claims shall remain unaffected.
6.4 With respect to claims for damages asserted, we will be liable by law only for our own culpability and for the culpability of our agents, if the resulting damages were caused by intentional or grossly negligent actions. Our liability shall be limited to typical, foreseeable damages at the time the contract was concluded. We will also be liable for simple negligence in cases of injury to body, health or life, and in case of violations of significant contractual obligations. Significant contractual obligations are obligations which make it possible to carry out the agreement, and which the ordering party should regularly expect will be fulfilled, or obligations that we must fulfil under the agreement. If we have not engaged in any intentional action, then our liability for violations of significant contractual obligations shall be limited to the typical, foreseeable damages at the time the contract was concluded. Our liability under the Product Liability Act shall remain unaffected.
6.5 You must ensure that goods are stored properly, in consideration of any information labelled on the goods or enclosed with the delivery. Goods must be protected against the effects of weather, such as moisture, heat, excessive light exposure and pests. We will not recognise any defects caused by improper storage.
6.6 The defect liability term is generally 12 months with respect to companies (new and used goods), 24 months with respect to consumers for new goods, and 12 months for used goods.
7.Retention of ownership, resale, further processing, and actions by third parties
7.1 Goods shall remain our property until all claims resulting from the agreement in question are fulfilled in full.
7.2 If the agreement is considered a commercial transaction for you in accordance with Sec. 343 HGB (German Commercial Code), then the retention of ownership shall also apply to processing carried out by you, and to resale or installation of the delivered goods (“extended retention of ownership”).
7.2.1 You are entitled to resell goods received from us in the normal course of business. In doing so, you hereby assign your claims resulting from the resale against your contractual partners in the value of the delivery (final invoiced amount including VAT) to us, up until full payment is received for our claims under the agreement. We hereby accept this assignment.
7.2.2 The assignment shall initially be a tacit assignment, and you will remain entitled to collect receivables. However, upon request by us you are obligated to disclose the assignment. We expressly reserve the right to collect receivables following the disclosure. However, we will not assert this right as long as you fulfil your obligations towards us in full.
7.2.3 If you process the goods purchased from us yourself, or have processing carried out by third parties, then we will be considered the manufacturer of goods manufactured in this manner, and will own said goods. If goods are processed using other goods that are owned by third parties, then we will be considered the co-owner in relation to the value of our goods compared to those owned by third parties.
7.2.4 You are obligated to keep the goods free from third party rights until all of our claims have been paid, and to notify us promptly of any actions by third parties (such as seizures).
8. Contract language, choice of law, place of jurisdiction
8.1 German law applies, excluding the UN Convention on the International Sale of Goods (CISG).
8.2 The exclusive place of jurisdiction is Dortmund, if you are a company in the sense of Sec. 14 BGB, a corporation under public law, or a public law special fund. Otherwise, the statutory place of jurisdiction applies.
9. Legal notices for consumers in the sense ofSec.13 BGB:
Notification in accordance with the Consumer Dispute Resolution Act (VSBG) for consumer contracts:
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board according to § 36 VSBG.
Notification of EU platform for online dispute resolution in accordance with Art. 14 para. 1 ODR-VO
The European Commission has provided a platform for online dispute resolution, which is accessible at http://ec.europa.eu/consumers/odr/.
10. Data protection notice
11. Right of cancellation
See "Right of return" on our website.