General Standard Terms and Conditions of ANUBIS-Tierbestattungen, Lauf a. d. Pegnitz
§ 1 Scope of Application, Conflict of Laws Clause
1.1 The following General Standard Terms and Conditions shall apply to any agreements, deliveries and services between the company ANUBIS-Tierbestattungen and its sales partners (hereinafter referred to as the Seller or we) and its customers (hereinafter also referred to as the Buyer or you) in the respective current version.
1.2 They shall also apply to all future services, even if the respective General Standard Terms and Conditions are not the subject of renewed express agreement.
1.3 Any deviating terms and conditions on the part of the customer shall be expressly rejected. This shall also be true in the event of the provision of services in the knowledge of any conflicting General Standard Terms and Conditions.
§ 2 Offers and Cost Estimates
2.1 Offers on the part of the Seller shall always be subject to change given corresponding capacities. The order shall be deemed accepted once it is confirmed in writing by the Seller.
2.2 Agreements made with the sales representatives of the Seller or ANUBIS partners, and which are intended to bind the Seller, shall require written confirmation by the Seller in order to become valid.
2.3 As a rule, cost estimates shall only be valid for the services listed therein, both in terms of their type and scope.
§ 3 Internet Purchase Orders
3.1 The representations of online store products shall not constitute legally binding offers on the part of the Seller. By clicking the button “Buy” you provide a binding declaration of intent to order the goods listed in the shopping cart. The confirmation of receipt of the purchase order is effected by means of automated e-mail. It does not represent acceptance of the Agreement.
3.2 Acceptance of the Agreement on our part is carried out by way of an order confirmation that we also send by e-mail. Order confirmation is dispatched within a period of 14 days.
In this declaration of acceptance the Seller shall notify the customer of the provisions of the agreement in text form (in particular the Seller’s address for service, designation of the item, price, delivery and shipping costs, details of delivery and payment) as well as the General Terms and Conditions of Business – including the cancellation policy contained therein.
3.3 The representations of the products in our product catalog only serve to illustrate the basic products and the finishing options. They serve as a basis for a customer inquiry with regard to the price of the selected product and its finishing. In response to such request, we shall discuss and/or prepare and provide an offer. In this case the agreement is concluded upon confirmation of the offer by the customer.
§ 4 Right of Revocation
Consumers shall have a right of revocation:
You shall have the right to revoke this agreement within a period of fourteen days without the need to state any reason(s).
The period of revocation shall amount to fourteen days as of the day
a) in the case of a contract of sale: “on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the item(s).”;
b) in the case of an agreement for several items ordered by the consumer as part of a single purchase order and separately delivered: “on which you or a third party specified by you, who is not the carrier, have or has taken possession of the last item(s).”;
c) in the case of an agreement for the delivery of item(s) in several partial consignments or pieces: “of which you or a third party specified by you, who is not the carrier, have or has taken possession of the last partial consignment or the last piece.”;
d) in the case of an agreement for the regular delivery of items over a fixed period of time: “in which you or a third party specified by you, who is not the carrier, have or has taken possession of the first item(s).”
In order to exercise your right of revocation you shall be obliged to inform us
91207 Lauf / Pegnitz
Tel.: +49 (0) 9123/183500
Fax.: +49 (0) 9123/1835050
about your decision to revoke this agreement by means of an explicit declaration (e.g. a letter sent by mail, fax or e-mail). To this end you may use the attached sample cancellation form which, however, is not mandatory.
You may also download the sample cancellation form or other explicit statement on our website: link to download. If you make use of this option, then we shall send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the period of revocation it suffices for you to send notification that you intend to exercise of your right of revocation prior to expiration of the revocation period.__________________________________________________________________________ Consequences of revocation
In the event that you revoke this agreement, then we shall reimburse you for any and all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most inexpensive standard delivery offered by us), without undue delay and no later than within fourteen days as of the day on which we received notification of your revocation of this agreement. For such repayment we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for repayment.
We may refuse repayment until we have received the item(s) back or you have provided proof that you have returned the item(s); whichever the earlier.
You must return or hand over the item(s) to us without undue delay and in any case no later than within fourteen days as of the day on which you notify us of revocation of this agreement. The deadline shall be met if you send the item(s) prior to expiration of the fourteen-day period.
You shall be responsible for the direct costs of returning the item(s). The costs are estimated at a maximum of approximately EUR 14.00.
You shall only have to pay for any loss in value of the item(s) if the loss in value is due to any handling of the goods that is not required for testing the condition, properties and functioning of the item(s).
A right of revocation shall not obtain for agreements for the supply of item(s) that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal requirements of the consumer.
§ 5 Prices and Terms of Payment
5.1 The prices specified by the Seller shall be in Euro, including the statutory value added tax and excluding packaging and shipping costs.
5.2 Initial delivery to a customer shall only be made in the case of prepayment.
5.3 In the event of default the Seller shall be entitled to charge interest at a rate of five percentage points (or eight percentage points in the case of entrepreneurs) above the current base interest rate (Section 247 of the German Civil Code [BGB]); or if the Seller is able to prove that the debit interest rate payable by the Seller to the Seller’s bank is higher, to charge the latter interest rate.
5.4 All claims on the part of the Seller shall become due immediately if a payment deadline is not met or if the Buyer violates other contractual agreements or if the Seller becomes aware of circumstances that are likely to undermine the creditworthiness of the Buyer.
5.5 Furthermore, in such a case the Seller shall be entitled to provide outstanding deliveries only in return for advance payment or provision of security and – after stipulating a reasonable grace period – to withdraw from the agreement or to claim damages for non-performance. The Seller may also prohibit resale of the items delivered under retention of title and demand their return or the transfer of indirect possession at the Buyer’s expense and revoke a collection authorization.
§ 6 Delivery and Period of Performance
6.1 The delivery period shall commence on the date of confirmation of the order by the Seller, but not prior to complete clarification of all details of execution.
6.2 The delivery period agreed shall be extended, without prejudice to the Seller’s rights arising out of the customer’s default, by the period with which the customer is in default with the latter’s obligations under this or any other agreement.
6.3 In the event of a delay on the part of the Seller, the Buyer shall be obliged to grant the Seller a reasonable period of grace. Following elapse of this period of grace the Buyer may withdraw from the agreement if the items have not been reported to the Buyer as ready for shipment by that time.
6.4 Claims for damages arising out of non-compliance with delivery periods or delivery dates shall be excluded. Such exclusion shall not apply if the Seller or one of the Seller’s employees has deliberately caused the delay or by way of gross negligence.
6.5 Events of force majeure shall entitle the Seller to postpone the delivery for the duration of the impediment as well as a reasonable start-up period or to withdraw from the agreement due to the part of the agreement that has not yet been fulfilled. Force majeure shall be deemed to include strikes, lockouts and other circumstances which make it significantly more difficult or otherwise impossible for the Seller to deliver, regardless of whether they occur at the Seller’s or a subcontractor’s premises.
6.6 The Buyer may request that the Seller declare whether the Seller intends to withdraw from the agreement or deliver within a reasonable period of time. If no declaration is made by the Seller, then the customer may withdraw from the agreement.
§ 7 Forwarding the Items
7.1 The Seller may select the means of transport and the shipping route for shipment of the items to the exclusion of any liability. Exclusion of liability shall not apply insofar as the Seller or one of the Seller’s employees has caused the damage or loss of the items at least through gross negligence.
7.2 Unless otherwise stated in the order confirmation, the place of performance shall be the Seller’s principal place of business. The risk of loss of the items shall pass to the customer when the items are handed over to the forwarding agent or carrier.
7.3 The Seller shall only be obliged to take out transport insurance if expressly requested to do so by the customer. The customer shall then be responsible for any costs incurred.
§ 8 Defect of Delivery or Performance, Notification of Defects and Warranty
8.1 The Seller shall warrant that the Seller’s deliveries and performance are free from defects, i.e. that they are suitable for the use assumed under the Agreement or for normal use and that they have a quality that is customary for deliveries and services of the same kind and which the customer may expect in view of the nature of what has been ordered.
8.2 A defect within this meaning shall not be understood to be a reasonable deviation or modification of an item with respect to a catalog or Internet description. All indications of quantities, dimensions, colors and weights as well as stain tones, veneer structure, varnishing, grains and the like are understood to be within the tolerances customary in the trade as well as the tolerances customary in handicrafts (e.g. hand painting) and natural products. Variations within the tolerances shall be accepted by the customer.
8.3 We request that the Buyer notify the Seller in writing of any obvious defects within a period of ten working days following receipt of the items at the place of destination.
8.4 In the event of defective items, the Seller shall have the option – depending on the Buyer’s choice – of providing for replacement delivery or of remedying the defect as subsequent performance.
8.5 If subsequent performance fails, then the customer shall have the option of reducing the price in appropriate manner or withdrawing from the agreement.
8.6 Return of the rejected items shall only be permitted with the Seller’s consent. The freight costs shall be submitted by the Buyer. A refund shall only be made in the event of a justified complaint. The right of withdrawal shall remain unaffected.
8.7 If the use of trained personnel and separate workshop equipment is required for subsequent performance, then the place of subsequent performance shall be the Seller’s principal place of business.
§ 9 Retention of Title
9.1 Any items delivered shall remain the property of the Seller until any and all claims have been satisfied. The items may neither be pledged nor transferred as security.
9.2 The customer shall be obliged to sell the items subject to retention of title only in the ordinary course of business, on the customer’s normal terms and conditions and as long as the customer is not in default. The customer shall only be entitled to resell the conditional commodities provided the customer already assigns the customer’s claims from any resale of conditional commodities to the Seller, regardless of whether the conditional commodities are sold to one or more buyers.
9.3 The Buyer shall be entitled to collect the assigned claims from such resale until revocation by the Seller, which shall be possible at any time. If claims on the part of the Seller are due, then the Buyer shall be obliged to pay the collected amounts to the Seller without delay. The Buyer shall not in any case be entitled to assign the claim.
9.4 The Buyer shall be obliged to immediately notify the Seller of any seizure or other impairment by third parties. If the Buyer has missed a payment deadline or violates other contractual agreements, or if the Seller becomes aware of circumstances that are likely to undermine the creditworthiness of the Buyer, then the Seller shall be entitled to prohibit the resale of goods subject to retention of title, withdraw from the agreement and demand their return or the granting of indirect possession to the Seller at the Buyer’s expense, revoke the authorization to collect and/or demand payment of amounts collected by the Buyer or, if the items have already been resold but not yet paid for in whole or in part, demand payment directly from the Buyer’s customer.
9.5 The Seller shall be entitled to withdraw from the agreement and to demand surrender of the items owned by the Seller if the Seller becomes aware of circumstances which make the fulfillment of the Seller’s claim by the Buyer appear to be at risk. A right of retention may only be asserted against this claim for surrender if the claim is expressly declared to be undisputed or has become res judicata. The customer hereby agrees that the persons authorized by the Seller to collect the items may enter and drive on the premises where the items are located for this purpose.
§ 10 Liability
10.1 The Seller shall not be liable for damages caused by the Seller, a legal representative or a vicarious agent due to simple negligence.
10.2 The limitation of liability shall not apply to damages resulting from injury to life, limb or health and to damages resulting from the breach of material contractual obligations.
§ 11 Burial Regulations
11.1 By signing or placing the order the customer confirms that he/she has been informed by the Seller about the statutory provisions regarding a burial on his/her own property and that the burial place determined by the customer complies with statutory and local regulations and is not located in or near a water protection area.
11.2 The customer further confirms that, according to the information of the customer’s veterinarian and to the customer’s own knowledge, the animal was not ill due to any epidemic in accordance with the German Federal Contagious Diseases Act or has not died from such an epidemic.
§ 12 Place of Performance, Place of Jurisdiction
12.1 Unless otherwise stated in the order confirmation, the Seller’s principal place of business shall be the place of performance for payment and delivery.
12.2 The place of jurisdiction in business with merchants shall be Nuremberg.
§ 13 Final Provisions
13.1 Only German law shall apply to all contractual relationships, to the exclusion of foreign law and the UN Convention on Contracts for the International Sale of Goods.
13.2 Should individual General Standard Terms and Conditions be partially invalid or incomplete, then this shall not affect the validity of the remaining provisions.
13.3 Unless otherwise stipulated in these General Standard Terms and Conditions of Business, amendments to the agreement, supplements and ancillary agreements shall be made in writing in order to become effective. The written form requirement shall also apply to any waiver of this formal requirement.
ANUBIS-Tierbestattungen, Roland Merker