General Terms and Conditions of Business and Delivery
K & K Petfood GmbH
Business Executive Thomas Telaar
Ackerstraße 4, 19348 Perleberg, Germany
The following general terms of business in the current version shall be valid for all contracts between the K & K Petfood GmbH *Frostfutter-perleberg.de* and the particular customer. These apply for the first and for each following retrieval of www.frostfutter-perleberg.de, although the purchaser does not explicitly confirm these terms and conditions in further orders on www.frostfutter-perleberg.de again. Regulations that may differ from these conditions are not accepted by K & K Petfood GmbH via www.frostfutter-perleberg.de, unless it concerns an individual agreement.
The GTC can be printed.
Formation of Contract
All offers of the K & K Petfood GmbH are subject to change and non-binding until the final acceptance of the order and legally binding confirmation by us, unless the offered goods have already been delivered by us. By submitting the order, the customer confirms to have taken notice and acceptance of the GTC.
The contract between the customer and the K & K Petfood GmbH is not formed until the customer’s order and its acceptance by the K & K Petfood GmbH. The order is made via e-mail to K & K Petfood GmbH or via a provided form.
The K & K Petfood GmbH accepts the order by sending an e-mail confirmation to the customer, or ultimately by the delivery of the ordered goods as fast as possible.
Orders made via the internet address mentioned above can be delivered to all countries. If not otherwise agreed, the order will be delivered from stock. All delivery dates which are stated by K & K Petfood GmbH are not binding. K & K Petfood GmbH strives to deliver the goods as soon as possible to the customer.
Shipments abroad may only be made on advance payment.
We are not liable for transportation problems. Transport damage must be claimed at the respective parcel service.
All our prices include the value added tax in Germany. K & K Petfood explicitly reserves errors and price changes.
Cancellation and Return Policy
We are committed to ensure that you are satisfied with your order. However, you can revoke your order within two weeks with the K & K Petfood GmbH in accordance with §§ 312 d, 355, 357 BGB. In that case, the following applies:
The revocation can be done without stating the reasons. You can cancel the order by writing, e-mail or returning the goods. The deadline is observed by sending the cancellation on time. After exercising the cancellation, you are obligated to return the complete order to our cost and risk. For orders with a purchase value up to € 40.00 the customer is responsible for the return cost, unless the delivered goods do not correspond to the ordered goods. The purchased price will be refunded to the customer after receiving the returned goods.
If the customer cannot refund the received goods to us totally or partly or only in worsened condition, he must carry the cost to the extent of reduced value. Similarly, in case of using the goods the purchaser has to pay the full value of goods. Thereby, damage caused by conventional usage is left out of consideration.
In case of return an invoice copy has to be attached. Unstamped returns are possible via standard mail shipping, however have to be clarified with the K & K Petfood GmbH in advance. In case of return the K & K Petfood GmbH is not liable for damage or any loss of goods. The returned goods should be packaged with the original packaging and should not show any signs of usage!
Excluded from the right of withdrawal and return are perishable goods, especially frozen food (Frostfutter) and not permanently packaged pet food.
Guarantee / Defects / Obligation to give notice of Defects / Liability
K & K Petfood ensures to transport the goods carefully according to their property. Weights and delivery times have to be seen as approximate values. Exceeding or lower deviation of the specified amount up to 5 % are considered as agreed and approved. Also the delivery time is not binding. Upon delivery of the goods to the shipping address, the risk of damage is handed over to the customer or recipient. Any defects or complaints can only be made in case of visible defects immediately after the delivery of the goods with the transport company, especially when it comes to perishable goods. Herein minor irregularities are to be accepted, because these are natural products. Otherwise, defects in perishable goods are excluded. Any claim of recovery of damages of the customer –regardless of the legal ground- against K & K Petfood GmbH are excluded, unless K & K Petfood and / or performance and / or agents have caused the damage by willful or negligent conduct.
In the event of unauthorized non-acceptance of ordered, perishable goods, K & K Petfood is entitled to charge compensation for the actual damage or 15 per cent of the purchase price as a fixed rate. The compensation is to be set higher or lower if the seller proves a higher or the customer a lower damage. Proof of the contrary is expressly permitted for the customer.
Reservation of Ownership
K & K Petfood GmbH reserves the right to the property by § 456 BGB to the sold goods until the customer has paid the full purchase price for the goods and all other goods from the same or previous orders.
Payment and Delivery Charges
The customer can make the payment by prepayment or PayPal. Steady customers can order per direct debit. We calculate the shipping costs for deliveries as outlined in our terms of delivery. Bank charges resulting by providing false bank account details are charged to the customer.
Event of Default
If a customer defaults his payment after the invoice, standard bank rates will be charged according to the remaining amount. We reserve the right to customers who fail to make their payment obligations to initiate legal dunning and optionally display for (attempted) fraud. In addition, we charge applicable chargeback fees or default charges. These customers will be automatically reported to Schufa.
Place of Juristiction
Place of performance and juristication for both parties is the registered office of the K & K Petfood GmbH. The laws of the Federal Republic of Germany shall apply exclusively.
Personal data will only be retrieved to the regulations of the German Federal Data Protection Act (BDSG) and the German Telecommunication Data Protection Act (TDDSG).
If one or several of the regulations of these GTC be ineffective, this shall not result in the invalidity of the entire contract. The ineffective provision will be replaced by the appropriate legal provision.
General information according the German Tele service law (TDG).
K & K Petfood GmbH, Ackerstraße 4, 19348 Perleberg, Germany
Phone: +49 (0)38 76 - 30 73 80 / Fax: +49(0) 38 76 - 307 38 29
Volks- u. Raiffeisenbank
Swift-Code: GENO DEF1 PER
Chief Executive Thomas Telaar
Amtsgerichts Neuruppin HRB 6104,
Ust.-Ident-Nummer: DE 2196 12131
Industrie- und Handelskammer Potsdam Ident-Nr. 01178264,
Veterinär-Zulassungsnummer DE 12070002613