The website  www.premiumpetproducts.de (hereinafter referred to as the "Website") is owned and operated by or on behalf of Premium Pet Products GmbH, Landsberger Str. 234, 80687 Munich, Germany (hereinafter referred to as "Premium Pet Products" or "we") and is operated by it, or on its behalf.

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all our business relations with our customers (hereinafter referred to as: "Buyer") who are entrepreneurs (§ 14 CC) or a legal entity under public law or a special fund under public law.

1.2. The GTC shall apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter "goods"), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 German Civil Code). The GTC shall apply in the version valid at the time of the Customer's order - in any case in the version last notified to the Customer in text form - as a framework agreement also for similar future contracts, without us having to refer to the validity of these GTC again in each individual case.

1.3. Our General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly consented to their application in writing, i.e. in written or text form (e.g. letter, e-mail, fax). This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer's GTC.

1.4. Individual agreements made with the "buyer" in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these GTC. For the content of such agreements - subject to proof to the contrary - a contract or our confirmation in written or text form (e.g. letter, e-mail, fax) shall be authoritative.

2.1. Our offers are - unless otherwise specified - always subject to change and non-binding. This applies both to our offers on our website and if we have provided the buyer with catalogues, product descriptions or other documents - also in electronic form.

2.2. The order of the goods by the Buyer shall be deemed to be a binding offer of contract. Unless otherwise stated in the order, we shall be entitled to accept this offer of contract within five (5) working days after receipt by us.

2.3. Acceptance may be declared either in written form (e.g. by order confirmation) or by delivery of the goods to the buyer. Our order confirmation shall be deemed a binding acceptance unless we declare otherwise in the order confirmation.

2.4. The subject matter of the contract shall be the goods and other services listed in our order confirmation.

2.5. After our order confirmation, changes and additions to the order requested by the buyer are only possible after a separate agreement between us and the buyer.

2.6. The communication with the buyer in the course of the conclusion of the contract is regularly by e-mail. The buyer must therefore ensure that the e-mail address provided by him is correct and that he also receives our e-mails. In particular, it is incumbent upon him to configure any spam filters used for the receipt of our e-mails accordingly.

3.1. Orders can also be placed via our store on the website (hereinafter "Online Shop"). This requires a one-time registration of the buyer. The registration takes place on the website (under the following link:  https://www.premiumpetproducts.de/web/signupstating: (i) company name, (ii) e-mail address, (iii) telephone number, (iv) billing address, (v) VAT identification number, and (vi) type of business. Registration also requires uploading the Customer's business license.

3.2. The presentation of the goods in our online store does not constitute a legally binding offer. It is merely an invitation to the buyer to submit a binding offer to purchase goods on his part.

3.3. The Buyer can select products from the assortment for purchase in our online store by placing the products in his virtual shopping cart by clicking on the corresponding button. In the shopping cart, the Buyer can, in particular, adjust the quantities of the goods and delete goods from the shopping cart. The Buyer can complete the order by clicking on the "Checkout" button in the shopping cart. Subsequently, the buyer can choose the delivery and payment methods.

3.4. The Buyer makes a binding offer to purchase the products selected by him (hereinafter "Order") by clicking the "Buy Now" button (or similar binding request) in the last step of the ordering process. Subject to deviating individual system settings by the Buyer, the Buyer may change and view the data at any time and at any place before submitting such a binding order, in individual cases also by clicking the "Back" button contained in the Internet browser used by him. In addition, before sending the binding order, there is a permanent possibility to cancel the order by closing the browser.

3.5. The buyer receives a confirmation of receipt after sending the binding order. This confirmation of receipt does not yet constitute acceptance of the buyer's order. A contract between the buyer and us is only concluded when we explicitly accept the buyer's order, e.g. by an order confirmation or shipping confirmation in text form or by shipping the goods to the buyer.

3.6. Unless otherwise stated in the order, we shall be entitled to accept the Buyer's order within five (5) working days after receipt by us.

3.7. The buyer has the option to save these GTC using the save function of his internet browser. 

3.8. The contract is concluded in German or English.

3.9. The communication with the buyer in the course of the conclusion of the contract is regularly by e-mail. The buyer must therefore ensure that the e-mail address provided by him during registration is correct and that he also receives our e-mails. In particular, it is incumbent on him to configure any spam filters used for the receipt of our e-mails accordingly.

4.1. Contact options:
via Email: bestellung@premiumpetproducts.de
via Telephone: +49 (0)89 809 11 56 49 (Mon-Thu: 9 a.m. - 5 p.m.; Fri: 9 a.m. - 3 p.m.)
via Fax: +49 (0)89 809 11 56 87
Orders are accepted exclusively via the online store, by e-mail or fax.

4.2 Personal contact and individual advice are an important part of our high-quality products. Therefore, we ask new customers to contact our sales team before placing their first order. We will then be happy to record the buyer's data and provide him with all relevant information on our product portfolio and conditions.

5.1. Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract or the prices as shown in our online store shall apply. The statutory value-added tax is not included in our prices; it is shown separately in the shopping cart and in the invoice at the statutory rate.

5.2 Our prices apply ex warehouse. The shipping costs have to be paid by the buyer. The shipping costs are shown in our online store or will be communicated to the buyer on request. Any customs duties, fees, taxes and other public charges are also borne by the buyer. In the online store, the buyer is also shown any minimum order values.

5.3. The purchase price shall be paid without deduction within ten (10) days from the date of invoice and delivery or acceptance of the goods (hereinafter "payment period"). However, we shall be entitled at any time - also within the scope of an ongoing business relationship - to make a delivery in whole or in part only against advance payment or adequate security, e.g. in the form of a guarantee. We shall declare a corresponding reservation at the latest with the order confirmation. First orders cannot be executed against open invoice. In these cases we deliver against prepayment. In case of prepayment we will send the invoice to the buyer by e-mail. The goods will be released for shipment only after receipt of money on our account.

5.4. The following payment options are available to the buyer:

• on invoice (incl. SEPA direct debit mandate)
• against prepayment.

5.5. For payment, the bank details indicated on the current invoice are to be used in each case. The buyer has to indicate his name, the customer number and the invoice number as purpose of transfer, so that we can assign the receipt of payment of the order to the buyer.

5.6. The deduction of a discount requires a special written agreement (in written or text form, e.g. letter, e-mail, fax).

5.7. The purchaser shall be in default without reminder if he does not make payment within the payment period. The relevant time of performance is the time of receipt of the money on our account. If, after conclusion of the contract, it becomes apparent that the fulfillment of our payment claims is seriously endangered due to the buyer's lack of ability to pay, we shall be entitled to refusal of service in accordance with the statutory provisions and - if necessary, after setting a deadline - to withdraw from the contract. (§ 321 German Civil Code).

5.8. During the period of default, the purchase price shall bear interest at the statutory default interest rate of 9 percentage points above the base interest rate. We shall charge a reminder fee of EUR 2.50 for each reminder sent to the Buyer after the occurrence of default. In addition, we shall be entitled to payment of a lump sum of EUR 40.00 in the event of default within the meaning of Section 288 (5) of the German Civil Code. This shall also apply if the claim for payment is a payment on account or other payment by installments. The lump sum shall be credited against any claim for damages exceeding this amount.

6.1. The delivery period shall be agreed individually or stated by us upon acceptance of the order. If this is not the case, the delivery period is two (2) weeks from the conclusion of the contract.

6.2. The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of fulfillment, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the Buyer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Insurance for the transport of the goods has to be covered by the buyer himself.

6.3. We shall be entitled to make partial deliveries to an extent reasonable for the Buyer, which shall be deemed partial fulfillment. We shall bear any additional shipping costs caused by partial deliveries.

6.4. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the Buyer of this without delay and at the same time notify the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid by the Buyer. A case of non-availability of the service in this sense shall be deemed to be, in particular, the failure of our supplier to deliver on time, if neither we nor our supplier are at fault or if we are not obliged to procure in the individual case. Legal claims and rights of the buyer remain unaffected.

6.5. We shall not be liable for impossibility of delivery or delays in delivery to the extent caused by force majeure. "Force majeure" shall mean any unforeseeable event beyond our control which prevents us in whole or in part from fulfilling our obligations, including fire damage, epidemics and pandemics, changes in the law and official decrees, floods, strikes and lawful lockouts, and operational disruptions for which we are not responsible. Supply difficulties and other performance disruptions on the part of our upstream suppliers shall only be deemed to be a case of force majeure if our upstream supplier is in turn prevented by force majeure from providing the service for which it is responsible. The events described in this clause shall extend the delivery period to a reasonable extent.

6.6. The rights of the Buyer pursuant to Sections 9 and 13 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

7.1. Delivery shall be made ex warehouse, which is also the place of fulfillment (Section 269 1 German Civil Code) for the delivery and any subsequent fulfillment. Upon request and - unless otherwise agreed - at the Buyer's expense, the goods shall be shipped to another destination (sale by delivery to a place other than the place of fulfillment). Unless otherwise agreed, we shall be entitled to choose the type of shipment (in particular the transport company, shipping route, packaging) ourselves.

7.2. Shelf displays provided by us free of charge, in particular but not exclusively so-called displays, grids, snack trees, remain our property. We are entitled to reclaim the shelf displays at any time with a notice period of 2 weeks. If shelf displays have been damaged or disposed of by the purchaser in the meantime, we shall be entitled to invoice the shelf displays retrospectively in accordance with the currently valid price list.

7.3. From a net order value of more than EUR 800.00 we deliver the goods on a EUR exchange pallet by freight forwarding, below this order value by DHL package.

7.4. The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon handover. In the case of sale by delivery to a place other than the place of fulfillment, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall, however, already pass upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.

7.5. If the Buyer is in default of acceptance, culpably violates other duties to cooperate or if our delivery is delayed for other reasons for which the Buyer is responsible, we shall be entitled to compensation for the damage incurred by us in this respect, including any additional expenses (e.g. storage costs). Further claims or rights remain reserved. If the Buyer is in default of acceptance, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the Buyer at the point in time at which the Buyer is in default of acceptance or debtor's delay. If deliveries or partial deliveries without a specific time of performance have been agreed on a call-off basis and the Buyer does not call off the agreed deliveries or partial deliveries within reasonable call-off dates customary in the trade, we may request the Buyer to call off the goods. If the purchaser does not comply with this request even within a reasonable period of time set by us, we shall be entitled to withdraw from the contract and to claim damages.

7.6. From the time of delivery, the Buyer shall be responsible for compliance with all relevant statutory, official and official medical regulations, guidelines and recommendations concerning the treatment of the goods during loading and unloading, transport, storage, sorting and packaging as well as export and import. The Buyer may make public statements about our products and their properties, in particular in the context of advertising or labelling the products, only in accordance with the product information provided by us and only in an appropriate form. The correct designation when reselling the goods is the responsibility of the buyer in the event of deviating local and commercial customs.

7.7. Reusable load carriers such as, among others, exchangeable pallets (e.g. EURO/EPAL pallets ), Pool pallets (e.g. CHEP ¼ display pallet) or lattice boxes do not become the property of the buyer. Rather, the Buyer undertakes to exchange the delivered exchange pallets directly upon delivery, to register pool pallets with the corresponding pool provider and to keep lattice boxes and return them to the logistics provider upon the current delivery. Regarding exchange pallets, the Cologne and Bonn exchange procedures are accepted. The regulations regarding pool pallets are based on the specifications of the respective pool providers. If the exchange pallets are not exchanged or are exchanged in an unacceptable condition (according to GS1 Germany quality classification for the open pallet exchange pool), we will charge a flat rate of EUR 9.50 for each pallet.

8.1. Until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship with the buyer (secured claims), we retain title to the goods sold.

8.2. The goods subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The purchaser must notify us immediately in writing if an application is made to open insolvency proceedings or if third parties (e.g. seizures) seize goods belonging to us.

8.3. In case of breach of contract by the buyer, in particular in case of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title. The demand for return does not at the same time include the declaration of withdrawal; we are rather entitled to demand only the return of the goods and to reserve the right of withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions. The costs of surrender shall be borne by the purchaser.

8.4. Until revocation by us, the Buyer shall be authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.

8.4.1. The retention of title shall extend to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same shall apply to the resulting product as to the goods delivered under reservation of title.

8.4.2. The Buyer hereby assigns to us by way of security the claims against third parties arising from the resale of the goods or the product in total or in the amount of any co-ownership share of ours pursuant to the above paragraph 8.4.1. We hereby accept the assignment. The obligations of the Buyer set out in clause 8.2 shall also apply in respect of the assigned claims.

8.4.3. The purchaser shall remain authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the purchaser meets his payment obligations towards us, there is no deficiency in his ability to pay and we do not assert the retention of title by exercising a right pursuant to clause 8.3. If this is the case, however, we may demand that the Buyer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment. In addition, in this case we shall be entitled to revoke the purchaser's authorisation to further sell and process the goods subject to retention of title.

8.4.4. If the realisable value of the securities exceeds our claims against the Buyer by more than 10%, we shall release securities of our choice at the Buyer's request.

9.1. The statutory provisions shall apply to the Buyer's rights in the event of material defects and defects of title (including wrong delivery and short delivery), unless otherwise stipulated in the following. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the unprocessed goods to a consumer, even if the consumer has processed them further. (Supplier recourse according to §§ 478 German Civil Code). Claims from supplier recourse are excluded if the defective goods have been further processed by the purchaser or another entrepreneur (e.g. by installation in another product).

9.2. The basis of our liability for defects is above all the agreement reached on the quality of the goods. The product descriptions designated as such (including those of the manufacturer), which were provided to the purchaser prior to his order or were included in the contract in the same way as these GTC, shall be deemed to be an agreement on the quality of the goods.

9.3. The Buyer's claims for defects shall be subject to the condition that he has complied with his statutory duties of inspection and notification of defects (§§ 377, 381 German Civil Code). If a defect becomes apparent upon delivery, inspection or later, we must be notified of this immediately in writing (written or text form, e.g. letter, e-mail, fax) (incl. evidence), whereby the timely dispatch of the notification is sufficient to meet the deadline. In any case, obvious defects shall be notified in writing within three (3) working days from delivery and defects not detectable upon inspection within the same period from discovery. For the purposes of this clause, working days are all days from Monday to Friday with the exception of public holidays at the Buyer's place of business. If the purchaser fails to duly inspect the goods and/or give notice of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statutory provisions.

9.4. If the delivered item is defective, we may choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery). Our right to refuse subsequent fulfillment under the statutory conditions shall remain unaffected.

9.5. We shall be entitled to make the subsequent fulfillment owed dependent on the Buyer paying the purchase price due. However, the purchaser shall be entitled to retain a reasonable part of the purchase price in relation to the defect.

9.6. The purchaser shall give us the time and opportunity required for the subsequent fulfillment owed, in particular to hand over the goods complained about for inspection purposes. In this respect, the purchaser undertakes to cooperate in the event of a complaint. In the event of a replacement delivery, the Buyer shall return the defective item to us in accordance with the statutory provisions.

9.7. We shall bear the expenses necessary for the purpose of inspection and subsequent fulfillment, in particular transport, travel, labour and material costs, if a defect is actually present. However, if a request by the purchaser to remedy a defect turns out to be unjustified, we may demand reimbursement from the purchaser for the resulting costs, unless the lack of defectiveness was not apparent to the purchaser.

9.8. If the subsequent fulfillment has failed or a reasonable deadline to be set by the purchaser for the subsequent fulfillment has expired unsuccessfully or is dispensable according to the statutory provisions, the purchaser may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

9.9. Claims of the Purchaser for damages or reimbursement of futile expenses shall also exist in the case of defects only in accordance with Clause 13 and shall otherwise be excluded.

Before returning deliveries, the buyer should always contact us with the customer number, invoice number and reason for the return at
via E-Mail: 
reklamation@premiumpetproducts.de

11.1. During the existence of the business relationship, the Buyer shall be entitled to use the images, texts and videos (hereinafter referred to as "Materials") made available to him by us free of charge in accordance with the following terms and conditions. For this purpose, we grant the Buyer a non-exclusive, revocable right to make the Materials publicly available on Internet pages on which we have agreed to the advertising of our products in writing, i.e. in written or text form (e.g. letter, e-mail, fax). The purchaser shall also be entitled to carry out all acts of reproduction necessary for the internet publication.

11.2. The purchaser is prohibited from making any further use of the materials; in particular, the purchaser is not entitled to grant sub-licenses or to edit the materials made available to him. Furthermore, the license does not entitle the Buyer to use the materials without our written consent (i.e. in writing or text form, e.g. letter, e-mail, fax) for advertising our products on other Internet sites, in particular on third-party sales portals, such as eBay or Amazon.

11.3. We reserve the right to revoke the granting of the simple right of use at any time without giving reasons. This applies in particular if the right of use is used in a manner contrary to our corporate interests or if the aforementioned conditions are not complied with. In the event of revocation, the purchaser shall immediately cease use and immediately delete all files containing the materials. Should third parties be entitled to further claims in the event that they assert an infringement of rights by the materials and we therefore revoke the rights of use, because the purchaser has not deleted the materials in a timely and comprehensive manner despite our revocation, the purchaser shall indemnify us against these claims and reimburse us for the costs of a reasonable legal defense.

11.4. The buyer is not authorised to remove or change our product labels or to market our products under another brand name. The additional attachment of your own label or that of a third party is also not permitted. In addition, he is not entitled to repack our goods in other packaging and/or to circulate them. Any modification of our products will void any warranty from our side. If the buyer removes the label, changes and/or repackages products and/or puts them into circulation, this gives rise to a reason for us to terminate the business relationship immediately. In this case, the buyer also undertakes to pay us a contractual penalty of EUR 50.00 per packaging sold. We reserve the right to further claims for damages, to which the contractual penalty will be offset.

12.1. Buyer shall keep Confidential Information confidential in accordance with the following provisions. “Confidential Information” means information from us or a company that has an affiliation with us in the meaning of. §§ 15 ff. Akt (hereinafter “Affiliate”) which Buyer becomes aware of in connection with dealing with us and which (i) has commercial value and (ii) is marked as confidential either by us or our Affiliate in our reasonable discretion or at who have a legitimate interest in confidentiality either from the nature of the information or from the disclosure. This includes in particular business strategies, economic planning, marketing strategies, price calculations and designs, customer data, turnover and sales figures and personnel data. Confidential Information does not include information that Buyer demonstrates is (i) generally known or readily available to those in the circles usually dealing with this type of information, (ii) us or our Affiliate have/has waived their protection in writing, (iii) they have received the information by means other than through the business relationship, without being subject to any duty of confidentiality. 

12.2. If the buyer is legally, judicially or officially obliged to disclose confidential information, he may only disclose the confidential information to which the obligation relates. In this case, we must be informed immediately of the disclosure as soon as and to the extent permitted by law.

12.3. The buyer must keep the confidential information (i) secret and protect it from access by third parties, in particular keep all documents and materials containing confidential information separately from all other documents, materials and records and store them in such a way that they are considered our Confidential Information are recognizable and protected against theft and unauthorized access,  (ii) only to those employees who need the confidential information for their job and who are subject to confidentiality obligations that are at least equivalent to those regulated in this Section 12, (iii) of the confidential information not to make copies, unless this is necessary for the performance of the contract,  (iv) to notify us immediately upon becoming aware of any actual or threatened unauthorized use or disclosure of Confidential Information and to take all reasonable measures to - if necessary with our support - to prevent or stop such use or disclosure.

12.4. The obligation of secrecy applies indefinitely. In any case, it ends with regard to Confidential Information when this Confidential Information is no longer confidential without a violation of this contract or any other violation of law.

12.5. We observe the applicable data protection regulations. We are allowed to process and store the buyer's data relating to the respective orders, insofar as this is necessary for the conclusion and execution of the contractual relationships and as long as we are obliged to store this data due to legal regulations. Otherwise, the provisions of our data protection declaration apply, which can be accessed at  premiumpetproducts.de/datenschutzerklaerung .

13.1. Unless otherwise stated in these General Terms and Conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

13.2. We are liable for damages - for whatever legal reason - within the framework of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, we are only liable, subject to legal limitations of liability (e.g. diligence in our own affairs; insignificant breach of duty):

• for damage resulting from injury to life, limb or health (of a person),
• for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

13.3. The limitations of liability resulting from 13.2 do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.

13.4. The above limitations and exclusions of liability apply to the same extent in favor of our legal representatives, employees and other vicarious agents.

13.5. Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. Otherwise, the statutory requirements and legal consequences apply.

14.1. The law of the Federal Republic of Germany applies to these GTC and all legal relationships between us and the buyer, excluding uniform international law, in particular the UN Sales Convention, and excluding international private law.

14.2. Exclusive place of jurisdiction for all disputes arising directly or indirectly from contractual relationships on which these General Terms and Conditions are based, is our registered office, i. H. Munich.

14.3. The buyer is not entitled to transfer and/or assign rights and obligations from the contractual relationship with us to third parties without our prior written consent. This prohibition of assignment does not apply to monetary claims.

Premium Pet Products GmbH; Landsberger Straße 234, 80687 München; HRB 227578 (District Court of Munich); Managing Directors: Marco Hierling, Jochen Missel, Christian Maerzke; USt.-ID-Nr. DE308345513