General Terms and Conditions

Conditions of Sale, Delivery and Payment.

 1. Provider and Contractual Partner

Your contractual partner for all orders on our website is
Zoobio GmbH
Josef-Orlopp-Straße 55
10365 Berlin
E-Mail: [email protected]
Web: www.petsexpert.co.uk
General Manager: Vitalij Kungel
USt-IdNr.: DE 305780777
VAT ID No.: HRB 175197 B, Berlin Local Court (Charlottenburg)

 2. Scope and Purpose of these Conditions

2.1 The following General Terms and Conditions of Business (T&Cs) apply to account registration and all purchases of goods by the end customer ("you") via the online shop www.petsexpert.co.uk.

2.2 These T&Cs regulate the contractual relationship between you and us exclusively. Nei-ther will your T&Cs become part of these conditions if we do not explicitly object to their being included.

2.3 These General Terms and Conditions of Business can be called up at any time at https://www.petsexpert.co.uk/customer_service/agb and can be printed out and downloaded.

 3. Registration

3.1 Registration is necessary for purchases via the online shop. These may be made dur-ing the purchasing process and independently from an order. After registration is completed, we will create an account for you through which you can manage your cus-tomer data, such as the delivery address.

3.2 Only individual natural persons who are of age and fully legally competent may regis-ter (as opposed to families or married couples), as may legal entities and partner-ships. This prerequisite also applies to fulfilling orders. If a registration is carried out for a company as a customer, the registering party guarantees that it is entitled to rep-resent the company.

3.3 When registering your account you are required to give your name, invoicing and de-livery address, your telephone number and your email address and select a password (hereinafter: "access data").

3.4 To conclude the contract, you make a binding offer via account registration by send-ing off the filled-in registration form. Before finally sending off the registration form, you will be shown a summary of your details. You can correct entry errors by navi-gating back in the browser and changing the respective data entries.

3.5 After you complete registration, we will send you a greeting email. Account registration will be completed by your accessing this email at home.

3.6 You guarantee that the details given to us by your in registration are true and com-plete. If you give incorrect or incomplete details, we will be entitled to terminate and delete your account without notice. You undertake to inform us immediately and with-out being asked of all future alterations to the data you gave when registering.

3.7 The account may be terminated in accordance with No. 12. Your personal data will then be deleted unless they may or must still be stored further to statutory provisions. Further details can be seen in our data protection declaration.

3.8 You are under no circumstances entitled to pass your entry data and your entry pass-word in particular to third parties. Should third parties nevertheless gain access to your account or should you have other indications that your account has been misused, you must inform us immediately and alter your access data.

3.9 There is no right to register on or participate in the online shop. You are not entitled zu register more than once on petsexpert.co.uk.

 4. Concluding a Purchase Contract

4.1 Contracts for purchasing products are concluded as follows:
4.1.1 To commence the ordering process, you are required to firstly put the article you want in the shopping basket by clicking on the relevant button.
4.1.2 Before the order for the contents of the shopping basket is finally sent, all the con-tents of the order are displayed once again. You can then still change it once again. After the contract is concluded, your orders are then stored with us but you can no longer call them up. So please check your order carefully before clicking on the "Jetzt-Kaufen" ("Buy now" button).
4.1.3 In the case of payment methods not connected with immediate payment by you, you make a binding offer to conclude a purchase contract by clicking the "Jetzt kaufen" ("Buy Now") button in shopping basket window screen. Placing products in the online shop is not a binding offer to conclude a contract. We will confirm receipt of the order by email. The confirmation email does not yet mean that we have accepted your offer. The purchase contract is concluded only when confirmation of shipping is sent. Should you pay for the order placed by making an (electronic) SEPA credit transfer of the purchase price to our bank account (payment option "Vorkasse" "Prepayment"), confirmation of shipment is not deemed to be our declaration of acceptance, only the email confirmation of the order declared by us.
4.1.4 For payment methods connected with immediate payment by you, such as PayPal, sofortueberweisung.de etc., our offer is available as soon as the products are placed on petsexpert.co.uk. You accept this offer to conclude a purchase contract by clicking the "Jetzt kaufen" ("Buy Now") button in shopping basket window screen.

4.2 You can print out your ordering data immediately after you send your order. Should you wish to inspect the documents concerning your order again, please contact us by email or telephone. We will be happy to send you a copy of these data.

4.3 Orders can be changed before they leave our warehouse or given to a freight forward-er, i.e. before we issue a shipment number and send confirmation of the order by email. This does not affect your statutory guarantee rights or your cancellation rights.

4.4 We also reserve the right to cancel the contract if the goods are not available from a reliable, carefully-selected supplier for reasons for which we are not culpably respon-sible (reservation of self-delivery). In such cases, we undertake to inform you immedi-ately that the goods are not available and will reimburse your payment where appropri-ate.

  5. Shipment and Delivery

5.1 You pay the shipping costs. The binding shipping costs are displayed in the summary of the order before the order is placed. The delivery period is based on the descrip-tion for each product and applies once payment is received. The delivery period may be subject to the usual fluctuations in postal delivery and may also be delayed by Acts of God and other events outside our sphere of influence and/or that of our vicar-ious agents.

In stock
delivery period: 1-2 working days.

Ready for shipping in 2-3 days
delivery period: 3-4 working days.

Ready for shipping in in 3-5 days
delivery period: 4-6 working days

 6. Transfer of Risk, Transport Risk

The risk of coincidental destruction and coincidental deterioration of the goods trans-fers to you when the goods are given to the person transporting them or when they leave our warehouse for shipping purposes. The earlier event is the deciding factor.

7. Accepting the Goods/Transport Damage

7.1 Among other things, we use parcel services to ship your order. Should the goods you receive be damaged, please proceed as follows: If possible, complain about the damaged goods directly to the parcel service employee and document the degree and scope of the damage. This will neither restrict nor affect your guarantee rights.

7.2 You can also refuse to accept damaged goods. If your goods are damaged, please contact us by telephone, email or personally at the aforementioned addresses. You will thus help us to enforce our claims against the parcel service and simultaneously improve our service to you.

8. Prices and Payment Methods

8.1 We offer you various methods for paying for the goods purchased. You can find the actual payment methods on the site for each product.

8.2 All prices in our online shop are given in euros and include the statutory value added price. All prices sent ex-stock include packaging costs plus all shipping and – if ap-propriate – COD costs incurred.

8.3 The price of the goods applies when the order is placed and is shown in the confirma-tion of the order that you receive by email after you place the order. If articles are stored in the shopping basket, their total price is updated during the order process to the latest daily price.

8.4 In the case of purchase contracts between you and us, the payable total price - includ-ing shipping costs – is due immediately.

8.5 The following applies to payment by invoice:
In cooperation with Klarna we offer you the option of paying on invoice. If you pay on invoice, you never have to give us your bank account data and you do not pay until you have received the goods. Please understand that delivery to an address that dif-fers from the invoice address is not possible.
If buying on invoice with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find more information and Klarnas full T&Cs on making purchases on invoice here.

Klarna Data Protection Notes

Klarna examines and evaluates the data given by the consumer and exchanges data with other companies and credit agencies (credit checks) if this is warranted. Should the creditworthiness of a consumer not be guaranteed, Klarna AB may as a result de-cline the customer the opportunity of using Klarna's payment methods and must refer the consumer to alternative payment options. Your personal data are treated in ac-cordance with the German Data Protection Act and will not be passed to third parties for advertising purposes. You can find out more about Klarna's data protection provi-sions here.

8.6 Please note that in the interests of secure payment, we may request the necessary identity documents, information on your account/credit card and a comparison of the delivery address. This is done solely for your security. The data are sent via a secure connection and are not passed to third parties. In such cases, the processing time of an order may take longer. If the information sought is not disclosed, the order will be cancelled and the costs for the order will be reimbursed in the same currency you have selected. In such a case, the goods will not be shipped and the offer made by you will be deemed to have been declined.

9. Arrears/Right of Retention

9.1 If you are in arrears with a payment, we reserve the right to invoice you for any neces-sary reminder charges for any reminders we need to send unless you can prove to us that we have not incurred any costs for the reminders whatsoever or if these costs are considerably lower than the reminder costs we have claimed. Each reminder costs EUR 2.50. If the reminder is not required in accordance with Section 286, Subsec-tion 2, of the German Civil Code, you will incur no costs for the first reminder.

9.2 In cases where consumers are in arrears, we will also be entitled to claim interest of five (5) percentage points – and by companies nine (9) percentage points – over the applicable base interest rate.

9.3 Claiming further damages due to default will not be ruled out by our claiming reminder fees and/or interest receivable.

9.4 You may only offset claims pending against us or claim right of retention if your coun-terclaim is undisputed, if legally-recognised title exists or if the counterclaim is in syn-allagmatic proportion to the claim in question.

10. Retention of Title

10.1 To secure our purchase price claims against you, we reserve the right of ownership of all goods delivered to you until the purchase price has been paid in full.

10.2 You are obliged to treat the goods subject to retention of title with care.

10.3 Before full payment of the secured claims, the goods subject to retention of title may be neither pledged to third parties nor assigned for purposes of security. You are re-quired to inform us in writing immediately if and when third parties again access to goods belonging to us.

10.4 If you are a merchant, the following will also apply:
10.4.1 We retain ownership of all goods until full payment of all our current and future claims arising from the purchase contract and ongoing business relationships with you ("se-cured claims").
10.4.2 If the realisable value of our securities exceeds the secured claims by more than 10%, we will be obliged to release the securities at your request. The choice of securities to be released will be made by us.
10.4.3 Processing or alteration of the goods supplied by you is always carried out for us. If the goods supplied are processed with other items not belonging to us, we will ac-quire joint ownership of the new item based on the value of the goods delivered (final invoice amount including VAT.) as a proportion of the value of the processed items at the time of processing. The new item that comes into being as a result of processing will also be subject to the same conditions as for goods supplied under reservation.
10.4.4 If the goods supplied are inseparably mixed or combined with other goods not be-longing to us, we will acquire ownership of the new item based on the value of the goods supplied (final invoice amount including VAT.) as a proportion of the value of the other mixed or combined items at the time of mixing/combination. If mix-ing/combining is carried out in such a way that your item is to be regarded as the main item, it is deemed to be agreed that you will transfer proportional ownership to us. You will store the goods resulting from sole or joint ownership for us.

11. Term, Blocking and Termination of the Account

11.1 The contract on account registration is concluded for an unlimited period.

11.2 You may terminate the contract on account registration at any time without notice.

11.3 We may duly terminate the contract on account registration with two weeks' notice.

11.4 The right to terminate the account for good cause remains unaffected. In particular, we may terminate the contract on account registration without notice if:
- you provide incorrect or incomplete details at registration,
- you repeatedly breach other contractual obligations and continue to breach these obligations in spite of being called upon by us to refrain from doing so.

11.5 If we have terminated the contract, you will not be entitled to have a new account set up again, including under another name or designation.

11.6 All notice of termination must be given in writing. Terminations by email will comply with this written form requirement.

12. Warranties

12.1 Unless otherwise stipulated, your rights in cases of property and legal defects are covered by the provisions of the law.

12.2 Warranty rights for new items expire for consumers within two years; in the case of used items, they will expire within one year following the transfer of risk.

12.3 If a guarantee claim is submitted, you will at your option be entitled to assert your right to have the defect remedied or to have defect-free good delivered (subsequent per-formance). If the manner of subsequent performance selected is associated with dis-proportionately high costs, the claim will be restricted to the remaining type of subse-quent performance. We will inform you of this as appropriate.

12.4 In the case of purchasers which are companies, liability for defects to used items is ruled out. This will not apply to gross negligence or intent. In the case of new items, warranty rights will expire within half a year following transfer of risk.

12.5 For the purposes of clarity only, we wish to point out that the following circumstances do not justify or constitute material defects if they are the cause of the defect:
- natural wear and tear,
- improper use,
- absence of or incorrect care of the goods,
- unsuitable or improper use,
- absence of installation, in particular if the part ordered is clearly not the right one,
- failure to observe instructions for use,
- incorrect treatment/handling.

13. Manufacturer's Guaranties

If there is a separate manufacturer's guarantee to which you may have recourse as well as the warranty, this will be shown in each product description. This guarantee applies only to each product and your claims will be based on the guarantee conditions of the manufacturer and addressed to this manufacturer only.

14. Liability of the Vendor for Damages

14.1 We will be liable without restriction for intent, gross negligence and in cases of harm to life, limb and health.

14.2 In cases of minor negligence, we will be liable in cases where an essential contractual obligation has been breached. An essential contractual obligation within the meaning of this Number is an obligation whose fulfilment enables the performance of this con-tract at all and on whose fulfilment the contractual partner may therefore regularly rely.

14.3 In the event of No. 14.2 above, we will not be liable for any lack of commercial suc-cess, loss of profits or indirect damage.

14.4 Liability in accordance with No. 16.2 above is limited to typical damage foreseeable at the time the contract was concluded.

14.5 The liability restrictions apply in the favour of our employees, representatives and vicarious agents correspondingly.

14.6 Any liability for guarantees given by us and for claims pursuant to the German Product Liability Act remains unaffected.

14.7 Otherwise, any other liability on our part is ruled out.

15. Online Dispute-Resolution: Information further to Section 14, Subsection 1, Regu-lation 2013/524/EU Mediation for Consumers

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/ Our company is basically neither prepared nor obliged to participate in dispute resolu-tion proceedings before a consumer arbitration body.

16. Consumer Arbitration: Information further to Section 36 of the German Consumer Disputes Resolution Act

16.1 We do not take part in dispute resolution proceedings before consumer conciliation bodies. At the same time, the legal situation requires us to inform you of a consumer conciliation body that is responsible for you:

16.2 Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., (Consu-mer Conciliation Association of the Conciliation Centre Inc.), Strassburger Strasse 8, 77694 Kehl am Rhein, telephone: 07851 / 795 79 40, fax: 07851 / 795 79 41, email: [email protected], Internet: www.verbraucher-schlichter.de .

17. Final Provisions

17.1 This agreement is governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on the International Sale of Goods. This does not apply to consumers with regard to those provisions compulsorily appli-cable in law which would be applicable without this clause, i.e. usually of the country in which consumers have their principal residence, and from which no deviations may be made by agreement.

17.2 The sole place of jurisdiction for all disputes arising from or associated with this agreement is Berlin, provided the parties to this agreement are merchants or are com-panies which have no general place of jurisdiction in Germany, another EU member state or which have transferred their permanent abode abroad after these conditions of use came into force or whose domicile or usual place of residence is unknown when legal action is brought.

17.3 We are entitled to amend or adapt these Conditions during the term of this agreement with effect for the future if this becomes necessary for compulsory reasons such as court decisions or legislative amendments. We will send you the amended Conditions in text form before the date the planned date of their entry into force and will refer in particular to the new provisions and the date they enter into force. We will simultane-ously give you an appropriate deadline period of at least four (4) weeks to declare whether you accept the amended conditions of use for your continued use of our ser-vices. If no declaration is made within this deadline period, which will commence as from your receipt of the message in text form, the amended Conditions will be deemed to have been agreed. We will inform you separately of this legal consequence when the deadline period begins, i.e. of the deadline period for objections and the significance of your silence. This amendment mechanism does not apply to amend-ments to the parties' contractual main service obligations.

17.4 The legal ineffectiveness of individual provisions does not affect the binding nature of the remaining clauses.

17.5 The language of this agreement is German.

Berlin, 25 May 2018

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