General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to all contracts concluded with us as the supplier (horizont Rolos) via the website https://animalcare.horizont.com/. Unless otherwise agreed, the inclusion of any customer’s own terms and conditions, if any, is excluded.

(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 attributable to their commercial activity nor to their independent professional activity. A business operator is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.

§ 2 Accessibility

(1) In accordance with § 14(1)(2) in conjunction with Annex 3 No. 1 of the BFSG, we provide information on how our website or our e-commerce services meet the accessibility requirements set forth in the relevant regulation. This information is accessible via a separate, appropriately labeled button (e.g., “Accessibility Statement” or similar designation) on our website and includes, in particular, the following points:

- a description of the applicable accessibility requirements;

- a general description of the service in an accessible format;

- descriptions and explanations necessary to understand how the service is provided;

- a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

MLBF (in establishment)

c/o Ministry of Labor, Social Affairs, Health, and Equality of Saxony-Anhalt

P.O. Box 39 11 55

39135 Magdeburg

Phone: 0391 567-4530

Email: MLBF@ms.sachsen-anhalt.de

(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to accommodate various possible disabilities, including visual, hearing, physical, linguistic, cognitive, and neurological disabilities. Further details can be found under a separate, appropriately labeled button on our website, as referred to in paragraph 1.

(4) Our online presence or our services in electronic business transactions are barrier-free if they can be found, accessed, and used by people with disabilities in a generally accepted manner, without particular difficulty and generally without external assistance.

(5) Measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, the ability to navigate using a mouse and keyboard, alternative text for images, captions, and audio descriptions in videos (if videos are integrated into the website), easy-to-read and understandable language, compatibility with all popular screen readers (screen reading assistance), and display options adapted to various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing a product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the terms specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are stored in the “shopping cart.” The user can access the “shopping cart” using the corresponding button on the navigation bar and make changes to it at any time.

After clicking the “Checkout” or “Continue Order” button (or similar) and entering personal information as well as payment and shipping details, the order details will be displayed as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will be taken to the order summary page in our online store or redirected to the website of the instant payment provider.

If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order summary on the instant payment provider’s website or after being redirected back to our online store.

Before placing the order, you have the opportunity to review the details in the order summary, make changes (including using your browser’s “back” button), or cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with obligation to pay,” “pay” / “pay now,” or a similar designation), you declare your legally binding acceptance of the offer, as a result of which the contract is concluded.

(4) Your inquiries regarding the preparation of an offer are not binding on you. We will present a binding offer to you in text form (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you provide is correct, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.

§ 4 Term of the Contract / Cancellation for Subscription Contracts

(1) The term of the subscription contract concluded between the user and us is specified in the relevant offer. A term longer than 2 years may not be agreed upon.

(2) The contract expires automatically at the end of the term; cancellation is not required.

(3) The right to terminate the contract without notice for good cause remains unaffected.

(4) Any cancellation must be submitted and communicated in writing (e.g., via email) or via the cancellation button integrated on our website (“Cancel contracts here” or similar designation).

§ 5 Special Terms Regarding Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”

If the user selects a payment method offered via “PayPal” / “PayPal Checkout,” the payment will be processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The specific payment methods available via ‘PayPal’ are displayed under the corresponding button on our website and during the online ordering process. “PayPal” may use other payment service providers to process payments; if special payment terms apply, you will be informed of them separately. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

(2) Payment via “Stripe”

If you select a payment method offered by “Stripe,” the payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The specific payment methods available via “Stripe” are displayed to the user under the appropriately labeled button on our website and during the online ordering process. “Stripe” may use other payment service providers to process payments; if special payment terms apply, the user will be informed of them separately. More information about “Stripe” can be found at https://stripe.com/de (https://stripe.com/de).

§ 6 Right of Retention, Retention of Title

(1) The user may exercise a right of retention only to the extent that it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business, the following provisions also apply:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transferring ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims in the amount of the invoice to which you are entitled from the resale; we accept the assignment. The user is further authorized to pursue claims. However, if the user fails to properly fulfill their payment obligations, we reserve the right to collect the debt ourselves.

c) If goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release securities to which we are entitled, at the user’s request, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of securities to be released is at our discretion.

§ 7 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, you are requested to inspect 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. Failure to do so shall not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from objective requirements, the deviation is deemed agreed upon only if you were informed of this by us prior to making a contractual declaration, and the deviation was expressly and separately agreed upon between the contracting parties.

(4) If the user is a business, the following provisions apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon as the quality of the goods, but not other advertisements, public promotions, or statements by the manufacturer.

b) In the event of defects, we provide a warranty at our discretion by remedying the defect or making a subsequent delivery. If the remedy fails, the user may, at their discretion, demand a price reduction or withdraw from the contract. The remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of remedying defects, we are not obligated to bear any additional costs resulting from the transport of the goods to a location other than the place of performance, provided that such transport is not in accordance with the intended use of the goods.

c) The warranty period is one year from the date of delivery of the goods. A reduction of this period does not apply:

- for damages caused by us resulting from injury to life, body, or health, and for other damages caused intentionally or as a result of gross negligence;

- to the extent that we fraudulently concealed a defect or assumed a guarantee of quality for the item;

- for items that were used in a building in accordance with their normal purpose and caused its defectiveness;

- in the case of statutory recourse claims to which the user is entitled against us in connection with warranty rights.

§ 8 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that the protection afforded by the mandatory provisions of the law of the consumer’s habitual residence is not thereby withdrawn (principle of preference).

(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office if the user is not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if the user has no general place of jurisdiction in Germany or the EU, or if their place of residence or habitual residence is unknown at the time the action is filed. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

II. Customer Information

1. Seller’s Identity

horizont Rolos

2 Henryka Sienkiewicza St.

PL 07-200 Wyszków

Business Hours:

Mon. – Fri.: 8:00 AM – 4:00 PM

Tax ID: 762-000-30-48

KRS 0000137873

Phone: +48 29 741 00 50 to 52

Email: biuro@rolos.com.pl

We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration committees.

2. Information on the Conclusion of the Contract

Technical procedures related to the conclusion of the contract, the conclusion of the contract itself, and amendment options are carried out in accordance with the provisions of “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is Polish.

3.2. We do not store the full text of the contract. Before submitting an order via the online shopping cart system, you may print the contract details using your browser’s print function or save them in electronic form. Once we have received your order, the order details, the legally required information regarding distance sales contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries made outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g., via email, which can be printed or saved electronically.

4. Codes of Conduct

4.1. We have committed to the quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf. (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. Essential characteristics of goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment methods

6.1. The prices stated in the individual offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be calculated using the appropriately labeled button on our website or in the relevant offer; they are displayed separately during the ordering process and are additionally borne by the user, unless delivery without shipping costs has been promised.

6.3. Any costs incurred in connection with the transfer of funds (transfer fees or currency exchange fees charged by financial institutions) are borne by the user in cases where delivery is made to an EU member state but the payment was initiated outside the European Union.

6.4. The available payment methods are displayed under the appropriately labeled button on our website or in the relevant offer.

6.5. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery Terms

7.1. Delivery terms, delivery dates, and any applicable delivery restrictions can be found under the corresponding button on our website or in the relevant offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during transport passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a shipping company not designated by the merchant or another person designated to carry out the shipment.

If you are a business, delivery and shipping are at your own risk.

8. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

9. Contract Term / Cancellation

Information regarding the contract term and cancellation conditions can be found in the section “Contract Term / Cancellation of Subscription Agreements” in our General Terms and Conditions (Part I) and in the relevant offer.

These General Terms and Conditions and customer information have been drafted by Händlerbund’s lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of warnings. Further information on this topic can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last updated: 10/22/2024