Terms and Conditions
Terra Canis GmbH General Terms and Conditions of Business (Online – as of 02/2015)
The following General Terms and Conditions of Business (hereinafter: "GTC") apply to all contracts for supplies and services, which a consumer or enterprise (hereinafter: "Customer") concludes with Terra Canis GmbH (hereinafter: "Terra Canis") through this online shop. Terra Canis hereby repudiates the inclusion of the Customer's terms of contract, unless it has otherwise been agreed.
2 Conclusion of the Contract
2.1 The Internet offer from Terra Canis is solely a sales brochure. By displaying the products Terra Canis invites the Customer to issue an offer for the order.
2.2 The Customer may issue the offer by means of the online order form on the Terra Canis shop site. Thus, once they have placed the selected goods and/or services in the virtual shopping cart and have performed the electronic ordering process, by clicking on the various buttons in the ordering procedure the Customer issues a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart. Furthermore, the Customer may also issue their offer, addressed to Terra Canis, by telephone, fax, and e-mail or by post.
2.3 At its discretion Terra Canis may refuse to conclude the Contract. Should Terra Canis refuse to conclude the Contract, the Customer shall be notified as rapidly as possible.
2.4 On receipt of the order by Terra Canis the Customer shall receive notification that their order has been received and is being processed. For this purpose the Customer shall receive a confirmation e-mail to the e-mail address supplied by them. The confirmation of receipt of order does not constitute acceptance of the offer or conclusion of a purchase. The confirmation of receipt of order shall notify the Customer that their order has been received by Terra Canis. A sales contract comes into being only when Terra Canis confirms the sale to the Customer. For this purpose the Customer shall receive a separate order confirmation.
2.5 When an offer is issued by means of the Terra Canis online order form, the contractual text is saved by Terra Canis and on dispatch of the order is sent to the Customer together with this GTC in textual form (e.g. e-mail, fax or letter). Thereafter the contractual text is not stored by Terra Canis and cannot be accessed again subsequent to conclusion of the ordering process. The Customer may, however, print out the e-mail containing the order confirmation; this clearly states the order data.
2.6 Terra Canis sells goods under German law only to adult Customers of full age.
2.7 We draw your attention to the fact that we sell our products only in common household quantities.
3 Right of revocation
As a matter of principle consumers have a right of revocation. More detailed information on the right of revocation can be found in the Terra Canis Guidance on Revocation. This can be viewed here.
4 Prices and payment conditions
4.1 Unless otherwise stated by the Terra Canis online shop, the prices quoted are end prices, which include statutory Value Added Tax. Where applicable, additional delivery and shipment costs are stated separately in the respective product specifications.
4.2 Deliveries to countries outside the European Union may in individual cases incur additional costs, over which Terra Canis has no control and which must be borne by the Customer. In addition, costs may arise, for example, for remittances by credit institutes (e.g. transfer charges, foreign exchange rate fees) or duty under import regulations and/or taxes (e.g. Customs duties).
4.3 In all cases the invoice includes Value Added Tax and is based as a matter of principle on the value of the goods you have ordered, plus, where applicable, shipment costs, which have been shown on the order form.
4.4 The payment of the purchase price in advance is due immediately on conclusion of the Contract. There are various options available to the Customer for making payment in advance; these are detailed in the Terra Canis online shop.
4.5 Payment must be made to the account detailed below.
Account holder: Terra Canis GmbH
IBAN: DE85 7002 0270 0654 4946 65
Alternatively, payment may be made by direct debit. If the Customer selects this option, they undertake to grant Terra Canis a SEPA direct debit mandate / SEPA Business to Business direct debit mandate. The debited amount is collected within 6 days in the case of new customers and in the case of existing customers within 3 days of date of invoice. The Customer must ensure that there are sufficient funds in their account to cover the direct debit. Costs, which are incurred by virtue of the non-redemption or re-transfer of the direct debit, shall be borne by the Customer, unless the non-redemption or re-transfer is beyond the control of Terra Canis.
5 Delivery and shipment conditions
5.1 The goods are delivered by the delivery route to the address specified by the Customer, unless otherwise agreed.
5.2 It is the Customer's responsibility to ensure that the delivery address details are accurate and up to date. If the forwarding agent returns the goods to Terra Canis, because it was impossible to deliver to the Customer, the Customer shall bear the costs of the failed dispatch. This shall not apply, if the circumstances causing it to be impossible to deliver were beyond the control of the Customer or if they were temporarily prevented from accepting the service offered, unless Terra Canis or the forwarding agent commissioned by Terra Canis had notified them of the service a reasonable time in advance.
5.3 As a matter of principle, the risk of accidental destruction and accidental deterioration of the goods sold passes on handover of the goods to the Customer or to a person authorised to accept the goods. If the Customer is a merchant, in the case of sale by delivery to a place other than the place of performance, the risk of accidental destruction and accidental deterioration of the goods passes on delivery of the goods to a suitable forwarding agent at the registered office of Terra Canis.
5.4 Terra Canis reserves the right to withdraw from the Contract in the event that it does not receive correct and proper delivery of the goods from its supplier. This shall apply only to the circumstance where failure to deliver cannot be attributed to the fault of Terra Canis and Terra Canis has concluded a specific covering transaction with the sub-contracting supplier. Terra Canis shall employ its best endeavours to procure the goods. In the case of non-availability or only partial availability of the goods the Customer shall be notified without delay and the consideration shall be promptly reimbursed.
6 Retention of title
6.1 In the case of contracts with consumers the goods shall remain the property of Terra Canis until payment in full by the Customer of the invoiced amount.
6.2 In the case of contracts with merchants the goods shall remain the property of Terra Canis until the settlement in full of all accounts receivable from any current business relationship.
6.3 If the Customer is a merchant, they are entitled to re-sell the goods subject to retention of title in the ordinary course of business. The Customer assigns to Terra Canis in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including Value Added Tax). Terra Canis accepts this assignment. This assignment shall apply irrespective of whether the goods subject to the retention of title have been sold on without or subsequent to further processing. The Customer remains entitled to collect the debt owed even after the claims have been assigned. The authority of Terra Canis itself to collect the debt owed remains unaffected thereby. Terra Canis, however, shall not collect the debt owed, if the Customer complies with their payment obligations as regards Terra Canis and does not fall into arrears of payment and no petition to open insolvency proceedings against the Customer has been lodged.
7.1 The Customer has warranty rights under the applicable statutory provisions, in particular §§ 434 et seq. German Civil Code.
7.2 Any additional guarantee on goods supplied by Terra Canis exists solely where this has been expressly specified in the confirmation of order of the respective item.
It is hereby made clear that the specification of minimum shelf-life is not an additional guarantee within the meaning of the law, but is a statutory duty.
7.3 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code, they are subject to the commercial obligation to inspect and notify defects in accordance with § 377 of the German Commercial Code. If the (commercial) Customer fails in his duty of disclosure regulated in the statute, the goods shall be deemed to have been approved.
7.4 If the Customer is acting as a merchant, the statute of limitations for defects in new goods is one year with effect from the passing of the risk.
7.5 If the remedy takes the form of replacement of the goods, the Customer shall be obliged to return the goods delivered in the first instance within 30 days to Terra Canis. The goods must be returned in accordance with the statutory provisions.
8.1 In the case of slight negligence Terra Canis is liable solely for breach of material contractual duties (cardinal duties), such as those which Terra Canis relies on in accordance with the contents and purpose of the Contract or the compliance with which is essential for the proper performance of the Contract and on compliance with which the Customer routinely relies and may rely. This liability is restricted to typical damages foreseeable at the time of concluding the Contract.
8.2 The personal liability of the legal representatives, vicarious agents and employees of Terra Canis for damage caused by their slight negligence is similarly restricted to the extent provided in the previous paragraph.
8.3 The liability of Terra Canis in the case of fraudulent concealment of a defect, arising from the acceptance of a guarantee or a procurement risk shall remain unaffected. Restrictions on liability shall not apply in cases of intent, gross negligence or injury to life, limb or health.
8.4 Liability under the Product Liability Act remains unaffected.
9 Data protection
Your attention is drawn to Terra Canis’ Data Privacy Statement
10 Final clauses
10.1 The applicable law is German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 Unless the Customer is a merchant, a company, a corporate body under public law or a special fund under public law, the place of jurisdiction for all disputes between the Customer and Terra Canis arising from the contractual relationships shall be the registered office of Terra Canis.
10.3 The invalidity of individual provisions of this contract shall not affect the validity of the contract as a whole. The statutory provisions, insofar as they exist, shall replace the invalid points. However, if this would represent unreasonable hardship for one of the parties to the contract, the contract in its entirety shall become invalid.