General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a supplier. (Wioletta Kruczkiewicz) via the website https://www.barfzeit.com/ conclude. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form) .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping terms, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License for use of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license to use it from the respective licensor. The type and scope of the license of use result from the license terms stated in the respective offer.
§ 4 Conclusion of the contract for courses
(1) The subject of the contract is the implementation of courses.
Already by placing the respective course offer on our website, we submit a binding offer to conclude a contract via the online shopping cart system according to the conditions stated in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data and the terms of payment, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(3) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 5 Service provision for courses
(1) The implementation of the courses in the form described in the respective offers takes place on the agreed dates.
(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.
(3) In case of cancellation of an individual event due to short-term absence of the course instructor due to illness or other important reason, the services already rendered will be refunded immediately.
In the case of events consisting of several event dates, if a date is cancelled due to short-term absence of the course instructor due to illness or other important reason, the cancelled date will be made up on a replacement date.
(4) In connection with the use of course rooms and objects, you must comply with the locally displayed house rules. You must comply with our instructions or the instructions of the course instructor.
§ 6 Substitute participant
You can name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.
§ 7 Term of Contract / Termination for Subscription Contracts
(3) The right to terminate without notice for good cause shall remain unaffected.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our Internet presence ("Terminate contracts here" or similar designation).
§ 8 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" under https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, "Stripe" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" under https://stripe.com/de.
§ 9 Right of retention, Retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 10 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 11 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ Section 12 Data protection and disclosure of data
By accepting these General Terms and Conditions, the buyer expressly agrees that his personal data, which are necessary for the execution of the contract, will be passed on to the responsible shipping service provider. This forwarding takes place exclusively for the purpose of parcel delivery and in compliance with the applicable data protection regulations. The buyer has the right to request information about the stored data at any time and to request its correction or deletion, provided that there are no statutory retention obligations to the contrary.
Further information on the handling of personal data and the rights of the buyer with regard to data protection can be found in our Privacy policy to find.
§ 13 Exclusion of liability
The individually commissioned feeding plans are based on current information of nutritional scientific knowledge, taking into account the BARF principles. It should be noted that the currently valid scientific requirement values for dogs and cats according to the National Research Council (NRC) are not achieved with the created feed plans for some nutrients. This applies in particular to zinc and manganese requirements for adult animals, and to calcium and phosphorus requirements for growing animals. Other requirements may also be affected, depending on the specific feeding plan. An actual deficiency in these nutrients may result in health consequences in the animal. It should be noted, however, that the above requirement values take into account a nutrient bioavailability of only 10-50 %, i.e., it is assumed that 50-90 % of the ingested nutrient is not absorbed by the body. According to scientific evidence, bioavailability is inhibited by, among other things, so-called dietary antagonists such as phytate, which is found in cereals and soy. These feedstuffs are used in high amounts in commercial finished feeds, which is taken into account by the NRC requirement values. Due to the fact that these foods are only used in small amounts in BARF, increased nutrient bioavailability can be assumed when the animal is fed a meat-based diet. A higher bioavailability would lead to a reduction of the relevant requirement values. To date, no scientifically supported adjusted requirement values for barfed animals have been published by the NRC. Pet owners who practice BARF therefore usually assume that a feed plan based on the structure of a prey animal will not cause deficiency symptoms despite not meeting some NRC requirement values. For this reason, feed plans are used at the customer's risk. The information does not constitute medical advice and does not replace medical diagnosis, advice and treatment in this regard by a veterinarian. Despite the greatest care, no guarantee can be given for the correctness and completeness of the information. The success of the nutritional advice depends essentially on the cooperation and implementation of the instructions by the customer and can not be guaranteed.
§ 14 Copyright
The information provided as part of the consultation (e.g. feed plans or information texts) is protected by copyright. The customer undertakes to recognize and comply with the copyrights. No copyrights, rights of use or other protective rights to the content are transferred to the customer. The customer is only entitled to use the content for his own purposes. He is not entitled to make the content available on the Internet or otherwise to third parties for exploitation. This applies in particular to the publication of the content in social networks such as Facebook. Public reproduction or other republication and commercial duplication of the content is expressly excluded. The customer may not remove copyright notices, trademarks and other legal reservations in the retrieved content. Copyright infringements will be legally prosecuted in any case.
§ 15 Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
II. customer information
1. identity of the seller
Wioletta Kruczkiewicz
Aussie Falko
c/o Postflex #3634 Emsdettener Str. 10
48268 Greven
Germany
Phone: Upon request
Email: info@www.barfzeit.com
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment methods
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
5.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7 Unless otherwise agreed, when booking courses, payment must be made on the course date on site before the start of the course at the latest, otherwise there is no right to participate.
6. Delivery conditions, provision
6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions as well as the terms and conditions of the provision of digital content can be found under an appropriately designated button on our Internet presence or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. contract term / termination
For information on the term of the contract and the terms of termination, please refer to the "Contract Term / Termination for Subscription Contracts" provision in our General Terms and Conditions (Part I) and in the respective offer.
