Terms of service
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 conclude with us as the provider (JJ´s Food & Feed Trade GmbH) via the website www.eurital.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there at any time.
After clicking the "checkout" button or "proceed to order" (or similar designation) and entering your personal data as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order details will be displayed to you 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 shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order.
(4) Your enquiries 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 period is stated in the respective offer).
(5) Order processing and transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special Agreements Regarding Offered Payment Methods
(1) SEPA Direct Debit
When paying by SEPA direct debit, you authorise us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit is collected within 3 days after the conclusion of the contract.
The period for sending the advance notice (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank fee incurred.
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Prior to transfer of title to the goods subject to retention, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall decide which securities are to be released.
§ 5 Warranty
(1) The statutory liability for defects applies.
(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 fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall be deemed agreed only if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply with regard to the above warranty provisions:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not any other advertising, public promotions and statements made by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the goods or the defect or the other circumstances. In the case of rectification, we are not required to bear the increased costs arising from moving the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the period shall not apply:
- to damages caused by us due to injury to life, body or health and in the event of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights relating to defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The authority to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
JJ´s Food & Feed Trade GmbH
Siemensstr. 18
49770 Herzlake
Germany
Telephone: +49 5962 8729210
E-mail: Brieftaubenshop@t-online.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract itself and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. 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. For offer enquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are shown separately during the order process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
6.4. Any incurred money transfer costs (bank transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, delivery date and any delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers of Händlerbund specialising in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal compliance of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.