General terms and conditions for trade partners
Table of contents
- Scope, contracting parties
- Registration, verification and activation
- Conclusion of contract
- Prices
- Minimum order quantity and discounts in kind
- Payment, default
- Delivery and passing of risk
- Retention of title
- Duty to inspect and give notice of defects
- Warranty
- Liability
- No right of withdrawal
- Trademarks, images and distribution rules
- Applicable law and place of jurisdiction
- Final provisions
This shop is aimed exclusively at entrepreneurs. We do not sell to consumers.
§ 1 Scope, contracting parties
(1) These general terms and conditions apply to all contracts for the supply of goods that you conclude with us through the online shop at prethis.com. We are PURIDAL S.L.U., Av. De la Font de Canyar 007 2 1, Ed. els Esquiadors, Bloc D, 2o 1a, AD300 Ordino, El Serrat, Andorra.
(2) This shop is aimed exclusively at entrepreneurs. Under section 14 of the German Civil Code, an entrepreneur is a person acting in the course of their commercial or independent professional activity when concluding the contract. Contracts with consumers under section 13 of the German Civil Code are excluded. By placing an order you confirm that you are acting as an entrepreneur.
(3) We do not accept differing terms from you unless we have expressly agreed to them in text form.
§ 2 Registration, verification and activation
(1) Orders are only possible after registration and activation of your dealer account. There is no guest access.
(2) During registration you provide proof of your commercial activity. We accept a trade licence, a commercial register extract or a tax assessment showing your tax number. Breeders please add the kennel registration as well; on its own it is not sufficient.
(3) We check your proof and then activate your account. There is no entitlement to activation. We may refuse or revoke activation.
(4) You keep your access data confidential and notify us immediately of any suspected misuse.
§ 3 Conclusion of contract
(1) The presentation of goods in the shop is not a binding offer but an invitation for you to submit an offer.
(2) By submitting your order you make a binding offer. The contract is concluded when we confirm the order in text form or dispatch the goods. An automatic acknowledgement of receipt is not yet an acceptance.
§ 4 Prices
(1) All prices are net prices plus statutory value added tax and plus shipping costs.
(2) For deliveries within Germany the reduced tax rate of currently 7 % applies.
(3) For deliveries to entrepreneurs in other EU member states, the applicable VAT rules apply. Where the conditions for an intra-Community supply are met, we invoice without VAT. You are obliged to provide us with a valid VAT identification number and to notify us of any change without delay.
(4) The prices stated in the shop at the time of the order apply.
§ 5 Minimum order quantity and discounts in kind
(1) The minimum order quantity is 10 products for small companies and 30 products for larger companies. Details are set out in the B2B notes in your customer account.
(2) From certain order quantities we grant discounts in kind according to the tiers published in the B2B notes. If a chosen free item is unavailable, we offer you an equivalent replacement.
§ 6 Payment, default
(1) Your first order is only possible against advance payment.
(2) From your second order you may order on account as a dealer with a billing address in Germany. Invoice amounts are due within 7 days of the invoice date without deduction. We reserve the right to deviate from this rule in individual cases.
(3) If you are in default, we are entitled to charge default interest at the statutory rate. The assertion of further damages remains unaffected.
(4) You may only set off against undisputed or legally established claims. You have a right of retention only for counterclaims arising from the same contractual relationship.
§ 7 Delivery and passing of risk
(1) We currently deliver to Germany and Austria only. Shipping is insured and with tracking.
(2) The delivery time for stock items within Germany is 4 to 8 working days. Delivery times are guidance values unless a fixed date has been expressly agreed.
(3) The risk of accidental loss passes to you as soon as we hand the goods over to the carrier. This also applies to partial deliveries.
(4) We are entitled to make partial deliveries where this is reasonable for you.
§ 8 Retention of title
(1) The delivered goods remain our property until all claims arising from the business relationship have been paid in full.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business, provided the distribution rules under section 13 are observed. You hereby assign to us the claims arising from any resale in the amount of our invoice value. We accept the assignment.
(3) You inform us immediately of any access by third parties to the goods subject to retention of title.
§ 9 Duty to inspect and give notice of defects
If you are a merchant, section 377 of the German Commercial Code applies. You must inspect the goods immediately upon receipt and report obvious defects immediately, at the latest within 7 days, in text form. Hidden defects must be reported immediately after discovery. If notice is not given, the goods are deemed approved.
§ 10 Warranty
(1) The warranty period is 12 months from delivery of the goods.
(2) The reduction under paragraph 1 does not apply to claims for damages arising from injury to life, body or health, in cases of intent or gross negligence, or for fraudulently concealed defects.
(3) In the event of defects we provide subsequent performance at our discretion, either by repair or by replacement delivery.
§ 11 Liability
(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
(2) In the event of slightly negligent breach of a material contractual obligation, our liability is limited in amount to the damage typical for the contract and foreseeable. A material obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.
(3) Otherwise our liability is excluded.
§ 12 No right of withdrawal
There is no right of withdrawal. The statutory right of withdrawal under section 312g of the German Civil Code applies only to consumers. As this shop sells exclusively to entrepreneurs, it does not apply. We do not grant a contractual right of withdrawal or return.
§ 13 Trademarks, images and distribution rules
(1) Our trademarks, product names, product descriptions and images are protected. You may use them only with our consent and in their original form. Consent is granted upon activation of your dealer account and does not require any further confirmation.
(2) The B2B notes in your customer account apply in addition to any resale. They govern in particular permitted sales channels, price information and advertising. They form part of this contract.
§ 14 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office. We are also entitled to bring an action at your registered office.
§ 15 Final provisions
(1) Amendments and additions to this contract must be made in text form. This also applies to the waiver of this formal requirement.
(2) Should any provision be invalid, the remainder of the contract remains valid.