Nobby Pet Shop GmbH
General terms and conditions of sale and delivery
All deliveries and services are carried out according to the conditions below, as far as no deviating agreements have been made in writing. Deviating conditions on the part of the customer do not change our sales conditions. Should any of our terms and conditions be amended in writing, all unamended terms and conditions shall nevertheless remain binding for both parties. All agreements made by our representatives shall be valid only upon written confirmation of acceptance.
Our offers are subject to change with regard to price, quantity, delivery time and delivery possibility.
Unless otherwise agreed, the Seller shall choose the means of transport and the route to be taken. The goods shall be shipped for the account and at the risk of the Buyer, even if the delivery is made carriage paid. In the case of delivery of goods to the specialized trade in Germany up to € 250.00 net value of goods, we deliver carriage forward. In case of delivery of goods to the specialized trade in Austria, we deliver up to € 500.00 net value of goods freight collect.
Delivery disruptions and delivery delays
In the event of a delay in delivery, the buyer must set a reasonable grace period of at least 4 weeks. After fruitless expiration of the deadline, the buyer can withdraw from the contract. Force majeure of any kind, official measures, unforeseen operational difficulties, shortages of raw materials and supplies or other obstacles to manufacture or delivery shall result in a reasonable extension of the delivery period. If in these cases the agreed delivery period is exceeded by more than 4 weeks, both parties are entitled to withdraw from the sale, provided that the goods have not yet been dispatched. Claims for damages are excluded.
The prices include packaging. Prices shall be quoted on the basis of the prices in euros (price of materials, wages, salaries) applicable on the date of submission of the offer or conclusion of the contract. The supplier reserves the right to adjust the price if the cost basis changes by the date of delivery. Our invoices are payable within 8 days of the invoice date with a 2% discount, or within 30 days of the invoice date without discount. In the event of late payment, the supplier reserves the right to charge interest on arrears at a rate of 2% above the Bundesbank discount rate.
Liability for defects exists only if our products are used properly in accordance with the instructions for use or recommendations. Transport damages must generally be reported to the carrier upon delivery and acknowledged. Complaints can only be considered if they are made in writing no later than 8 days after receipt of the goods. Only goods returned free of charge are entitled to a replacement delivery or credit note. In the case of justified claims, the postage costs will be reimbursed.
All other claims, e.g. for damages, rescission, reduction or withdrawal, etc. are excluded. For goods ordered by the customer in error, the return is reserved. Goods may only be taken back with the prior consent of the supplier and must be returned free of charge. The goods must be unused, in their original packaging and in a marketable condition. Returned goods will be credited minus 10% of the costs. The payment term of the invoice remains unaffected despite justified notice of defects. Deductions from the invoice amount are not permitted.
Retenton of title
All goods delivered shall remain the property of the supplier until full payment of all claims to which the supplier is entitled from business relations with the purchaser (in the case of payment by check until it is cashed). Before payment in full, the goods may only be sold in the ordinary course of business. The goods may neither be pledged to third parties nor assigned as security before full payment has been made. The place of performance for delivery and payment as well as the place of jurisdiction for both parties shall be Bocholt. The law of the German Federal Republic shall apply exclusively to all legal relationships established by the delivery.