Terms and Conditions
General Terms and Conditions of Terra Canis GmbH
The following General Terms and Conditions (hereinafter referred to as “GTC”) applies to all contracts for deliveries and services, which a consumer (hereinafter referred to as “Customer”) concludes with Terra Canis GmbH (hereinafter referred to as “Terra Canis”) via this online shop or by phone, fax or email. Terra Canis hereby repudiates the inclusion of the Customer's contractual terms and conditions unless it has otherwise been agreed upon.
2 Conclusion of the contract and storage of the contract text
2.1 The internet offer of Terra Canis is solely a sales brochure. By presenting the products, Terra Canis invites the Customer to submit an offer for the order.
2.2 The Customer may submit the offer via the online order form integrated into the online shop of Terra Canis. After placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the Customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process. For this purpose, the Customer will be shown a confirmation window with the details of their order before completing the ordering process. Here, the Customer can check and correct their entries again. The Customer may also submit the offer to Terra Canis by phone, fax, email or mail.
2.3 Upon receipt of the order by Terra Canis, the Customer will receive a notification that their order has been received and is being processed. For this purpose, the Customer will receive a confirmation email to the email address they have provided. The order confirmation does not denote acceptance of the offer to conclude a purchase. The order confirmation informs the Customer that their order has been received by Terra Canis. A sales contract is only concluded when Terra Canis confirms the purchase to the Customer. To this end, the Customer will receive a separate order confirmation. Terra Canis is entitled to accept or reject the order within two days of receipt of the order.
2.4 In deviation from clause 2.4, the contract shall be concluded prior to this in the following cases:
If the Customer has chosen credit card payment as the method of payment, the contract shall be concluded at the time the credit card is debited upon completion of the order.
If the Customer has chosen PayPal as the payment method, the contract shall be concluded at the time of confirmation of the payment instruction to PayPal.
If the Customer has chosen immediate bank transfer as the method of payment, the contract shall be concluded at the time of confirmation of the payment instruction to the customer’s bank. In case of payment in advance, the contract shall be concluded at the time Terra Canis receives the payment.
2.5 When submitting an offer via the Terra Canis online order form, the text of the contract will be stored by Terra Canis and sent to the Customer in text form (e.g. email, fax or letter) together with these GTC after they submit their order. Furthermore, the text of the contract will not be stored by Terra Canis and cannot be retrieved after the order process is completed. However, the Customer may print the email containing the order confirmation; all the order data can be viewed in this.
2.6 Terra Canis only sells goods to adult customers.
2.7 Terra Canis products are only sold in normal household quantities.
3 Right of withdrawal
Consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity, section 13 of the German Civil Code) are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in Terra Canis right of withdrawal policy. This can be viewed here.
4 Prices and conditions of payment
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 as shown on the order form.
4.4 There are various options available to the Customer for making payment as indicated in the online shop. Direct debit is also an option. If the client wishes to pay this way, they are obliged to grant Terra Canis a SEPA direct debit mandate/SEPA business-to-business mandate. The direct debit is collected within 6 days following the invoice date for new customers and within 3 days for existing customers. The Customer must ensure that there are sufficient funds in their account to cover the direct debit. Any costs incurred due to non-redemption or chargeback of the direct debit shall be borne by the Customer as long as Terra Canis is not responsible for the non-redemption or chargeback.
5 Delivery and shipment conditions, reservation regarding own supply
5.1 The goods shall be 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 not possible 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 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 circumstances 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
The goods shall remain the property of Terra Canis until payment in full by the Customer of the invoiced amount.
The Customer has warranty rights under the applicable statutory provisions, in particular section 434 et seq. of the German Civil Code.
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.
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.
9 Alternative dispute resolution pursuant to Art. 14, para. 1 of the Regulation on Consumer ODR and section 36 of the Act on Alternative Dispute Resolution in Consumer Matters
The European Commission provides an Online Dispute Resolution (ODR) platform which consumers can find at http://ec.europa.eu/consumers/odr/. Terra Canis is not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Terra Canis does not participate in dispute resolution procedures.
10 Contract language
The language of the contract is English.
11 Final clauses
The applicable law is German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless opposed by any obligatory international consumer protection law.
Correct as at: February 2020