General Terms and Conditions of Business
General Terms and Conditions of Business of CATSOMAT GmbH & Co.KG CATSOMAT General Terms and Conditions of Business
Section 1 – General / Scope of application
These General Terms and Conditions of Business constitute the exclusive basis for all legal relations created between CATSOMAT GmbH & Co. Pet Products KG (hereinafter: “CATSOMAT”), Hauptstrasse 6, 85462 Eitting / Reisen, represented by the Directors of the personally liable shareholder CATSOMAT GmbH, Gisela Pilz and Heike Pilz, and its customers via the Online Shop www.catsomat.com.
(2) For the purpose of these terms and conditions of business, customers are exclusively consumers as defined in Section 13 BGB (German Civil Code), i. e. natural persons who conclude the respective legal transaction for purposes that cannot be classified as part of their commercial or self-employed professional activities.
(3) The General Terms and Conditions of Business shall apply in the version valid at the time of conclusion of the contract. These are available free of charge in electronic and printable form (PDF) at www.catsomat.com.
Section 2 – Object of the company
The object of the company is the manufacture and sale of products for the pet market via various distribution channels – in particular, however, via an own webshop with the IP address www.catsomat.com – both nationally and internationally. Orders placed and accepted will be fulfilled by CATSOMAT in its own name and for its own account on behalf of the customer.
Section 3 – Conclusion of contract, storage of the text of the contract
(1) The presentation of the goods in the Online Shop does not constitute a binding offer by the provider of conclusion of a contract of purchase. This is an invitation to the customer to submit a binding offer to the provider.
(2) If a pre-ordering function is activated, this shall indicate non-binding interest of the customer in purchasing. The customer will be informed by e-mail as soon as the goods are available for delivery. This e-mail will request him to execute the order as described under point (3). Following receipt of the e-mail, the CATSOMAT will be reserved for the customer for a period of 14 days.
(3) Each order by the customer constitutes a binding offer of conclusion of a contract of purchase for the goods ordered. By clicking on the “Submit” button in the Online Shop, the customer shall issue a corresponding offer to purchase the goods included in the shopping basket. By so doing, the customer shall also accept these terms and conditions of business, including the instructions on the right of cancellation, as exclusively authoritative for the legal relation with the provider.
(4) We shall store the contract text for your order. Our corresponding data-protection provisions can be found in Section 9 of these General Terms and Conditions of Business.
(5) CATSOMAT will acknowledge receipt of the customer’s order by e-mail. This acknowledgement of receipt shall not constitute binding acceptance of the order.
(6) The contract of purchase for the article(s) ordered shall not take effect until CATSOMAT confirms the order to the customer by e-mail through an explicit order confirmation with the invoice attached as PDF file (order confirmation).
(7) The goods offered will be sold exclusively in normal commercial quantities and only to persons having legal capacity. CATSOMAT reserves the right to reject order enquiries received for economic reasons and is not required to justify its decision. Outside of Germany, CATSOMAT shall deliver exclusively to private persons. Conclusion of contract shall be exclusively in the German language.
Section 4 –Prices and payment terms / forms of payment
(1)Payment of the selling price is due immediately upon conclusion of the contract. Excepted from this are the payment forms “Payment against invoice” and “Payment by instalments” (so-called part-payment transactions). All prices shown in the provider’s Online Shop are gross prices, i.e. they include statutory value added tax. In deviation from this ruling, all prices in the Shop are net prices for our customers in Switzerland; they include neither German nor Swiss statutory value added tax. Any value added tax applicable under Swiss law will be levied by the Swiss tax authorities at the border and is payable by the customer upon delivery or collection.
(2) Delivery within Germany is included in our prices. Additional dispatch costs apply for deliveries outside of Germany irrespective of the value of the goods. These are shown clearly on the ordering or shopping site. Please click here for information on our Terms and Conditions of Delivery and Dispatch.
(3) The prices valid at the time of the order shall apply. The provider reserves the right to alter the prices shown in the Online Shop prior to conclusion of the contract. In such cases, the invoice shall constitute an amended offer of conclusion of a contract, with the result that the contract shall not be concluded until such time as the customer makes payment.
(4) The customer can choose between payment of the selling price by bank transfer (payment in advance), via Giropay, via PayPal, against invoice (only available to customers resident in Germany and Austria), by direct debit (only available to customers resident in Germany), in instalments (only available to customers resident in Germany) or by credit card (Visa, American Express, Mastercard). We regret that payment by sending cash or cheques is not possible. We shall not be liable in the event of loss. We reserve the right to exclude individual forms of payment.
(5)If you choose to make payment in advance, we shall advise our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. You are only entitled to exercise a right of withholding if the claims result from the same contractual relation.
(6) In the case of payment against invoice (currently only available to customers resident in Germany and Austria), the invoice amount must be paid to our external partner Billpay GmbH on the date shown in the invoice (30 calendar days from the date of the invoice). The option of payment against invoice is not available for all offers and, amongst other things, presupposes successful verification of identity and creditworthiness by Billpay GmbH. If, following verification of creditworthiness, the customer is allowed to pay against invoice for specific offers, payment processing will be in cooperation with Billpay GmbH to whom we assign our payment claim. In this case, the customer can only make payment with debt-releasing effect to Billpay GmbH. Even in cases of payment against invoice via Billpay, we remain responsible for general customer enquiries (e.g. questions concerning the goods, delivery times, dispatch etc.), returns, complaints, cancellations or credit notes. The General Terms and Conditions of Business of Billpay GmbH shall apply.
(7) Payment by direct debit (currently only available to customers resident in Germany), direct debit authorisation, administration fee for direct debits not honoured.
a) If you pay by direct debit, payment is due immediately via direct debit by our external partner Billpay GmbH from the giro account stated in the ordering process (the giro account). We hereby revocably authorise Billpay GmbH to collect the payments owed by you for purchases through debit to the giro account. If the giro account does not have sufficient funds to cover the debit, the bank at which the account is held is under no obligation to honour the direct debit. Part redemptions will not be made in the direct debit procedure.
b) The option of payment by direct debit is not available for all offers and, amongst other things, presupposes successful verification of identity and creditworthiness by Billpay GmbH as well as a German giro account. If, following verification of creditworthiness, the customer is allowed to pay by direct debit for specific offers, payment processing will be in cooperation with Billpay GmbH to whom we assign our payment claim. In this case, the customer can only make payment with debt-releasing effect to Billpay GmbH. Even in cases of payment by direct debit via Billpay, we remain responsible for general customer enquiries (e.g. questions concerning the goods, delivery times, dispatch etc.), returns, complaints, cancellations or credit notes. The General Terms and Conditions of Business of Billpay GmbH shall apply.
c) By providing details of the giro account, you confirm that you are authorised to arrange direct debit via the corresponding giro account, and that you will ensure the availability of sufficient funds. The non-honouring of direct debits causes a high administrative workload and high costs for us and Billpay GmbH. In the event of a non-honoured direct debit (due to insufficient funds in the giro account, closure of the giro account or unjustified objection by the account holder), you hereby authorise Billpay to re-submit the direct debit for the respectively due payment obligation. In such cases, you are obliged to pay an administrative fee of EUR 12.00 per direct debit returned. The right is reserved to assert farther-reaching claims. You will be granted the opportunity of providing evidence that the return of the direct debit has resulted in lower or no costs. In view of the administrative workload and the costs for direct debits returned and in order to avoid the administrative fee, we ask you not to object to the direct debit in the event of cancellation or of withdrawal from the contract of purchase, return of the goods or a complaint. In such cases and following consultation with us, the payment will be refunded through return transfer of the corresponding amount or via a credit note.
(8) With so-called online purchase by instalments (currently only available to customers resident in Germany), the invoice amount – plus the charges and interest shown in the instalment plan during the ordering process and to be confirmed by you - will be debited from your stated bank account in monthly instalments (the number of which you are also required to confirm by selecting the term during the ordering process) at respective intervals of one month after the date of dispatch. The option of payment by instalments is not available for all offers and, amongst other things, presupposes successful verification of identity and creditworthiness by Billpay GmbH as well as a German giro account. Part-payment transactions (online purchase by instalments) are subject to our Special Terms and Conditions of Contract for Part-Payment Transactions. If and in so far as the Special Terms and Conditions of Contract for Part-Payment Transactions contradict these General Terms and Conditions of Business, the Special Terms and Conditions of Contract for Part-Payment Transactions shall have priority. The Special Terms and Conditions of Contract for Part-Payment Transactions can be seen here. Even in cases of payment by instalments via Billpay, we remain responsible for general customer enquiries (e.g. questions concerning the goods, delivery times, dispatch etc.), returns, complaints, cancellations or credit notes.
Section 5 – Delivery, passing of risk, retention of title, offsetting, right of withholding
(1) The goods will be delivered to the delivery address stated by the customer. As a rule, goods that CATSOMAT has in stock will be dispatched within 2 working days from the date on which the payment is credited to our account. If goods are not in stock, the foreseeable delivery date will be shown in the Online Shop. Dispatch by parcel will be via parcel service or freight forwarder behind the first closed door. Consignments will be delivered to the consignee or other persons if, in the circumstances, it can be assumed that they are authorised to accept the consignment. These include in particular persons present on the consignee’s premises and direct neighbours. If you cannot be contacted at the time of the attempted delivery, you will receive notification. Up to 2 attempts will be made to deliver your consignment; thereafter, the consignment will be returned to our logistics centre. Further attempts at delivery are subject to a charge and require a separate agreement. No deliveries will be made on Saturdays. Generally speaking, delivery to packing stations is not possible.
(2) Delivery of the goods will be at the risk of CATSOMAT. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the latter.
(3) If, despite the prior conclusion of a corresponding contract of purchase with the provider, the goods ordered cannot be delivered on time or can no longer be delivered at all, CATSOMAT shall inform the customer immediately. In such cases, if there is a delay in delivery, the customer shall be entitled to wait for the goods ordered or to withdraw from the contract; in the event of impossibility of delivery, both parties shall be entitled to withdraw from the contract. In the event of withdrawal, the customer will be reimbursed immediately for any counter performances already provided.
(4) The provider is entitled to make partial deliveries if this is reasonable for the customer. The provision of partial services on the initiative of the provider shall not result in additional delivery costs. Additional delivery costs will only be charged in accordance with Section 4 sub-section 1 if partial delivery is made at the explicit request of the customer.
(5) In the case of consumers, we shall reserve title to the item purchased until such time as full payment of the invoice amount has been received. If you are an entrepreneur performing your commercial or self-employed professional activity, a juridical person under public law or a public-law special fund, we shall retain title to the item purchased until such time as all outstanding claims from the business relation with the ordering party have been settled. The corresponding security interests can be transferred to third parties.
(6) You are only entitled to a right of offsetting if your counterclaims have been legally established, are not disputed by us or have been recognised by us. Additionally, you are only entitled to a right of withholding if and in so far as your counterclaim is based on the same contractual relation.
(7) If the customer is in default with any payment obligations with respect to us, all existing claims shall become due immediately.
Section 6 - Rights of the customer in the event of defects
(1) Exclusively the information stated in the order confirmation shall be authoritative as regards the nature, scope and quality of the goods. Other public comments by the provider, the manufacturer or their employees/agents are of no relevance for the agreed quality of the goods. We reserve the right to make product alterations in terms of design, colour or in technical areas without prior notification if these are explicitly for the purpose of improving the quality and design of the product. Pictures published in the Shop need not correspond to the actual colour or can be similar.
(2) The customer is obliged to report obvious material and legal defects to CATSOMAT within 2 weeks of receipt of the goods. On-time sending of the notification is sufficient for adherence to the deadline.
The customer’s warranty rights are based on the statutory regulations unless otherwise provided for below. Section 7 of these General Terms and Conditions of Business shall apply for claims of the customer against CATSOMAT for damages.
Section 7 – Exclusion of liability
(1) Claims of the customer for damages are excluded unless otherwise provided for below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider in so far as the customer asserts claims against these.
(2) Excepted from the exclusion of liability set out under point 1 are claims for damages based on injury to life, limb or health and claims for damages based on violation of fundamental contractual obligations. Fundamental contractual obligations are those whose fulfilment is necessary in order to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free from material and legal defects, and must obtain ownership thereof for the customer. Likewise excepted from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent violation of obligations by the provider, his legal representatives or vicarious agents.
(3) Regulations of the Product Liability Act (ProdHaftG) shall remain unaffected.
Section 8 - Offsetting
The customer is only entitled to offset or withhold if his counterclaims have been legally established or are undisputed.
Section 9 – Data protection
(1)Personal data provided voluntarily by the customer within the framework of his order will be used exclusively in accordance with the requirements of the German Federal Data Protection Act (BDSG) and of the Telemedia Act (TMG).
(2) Personal data of the customer will only be collected if and in so far as the customer communicates such data to the provider voluntarily when using the Online Shop. This data will only be processed and forwarded to third parties in so far as this is necessary for execution of the contractual relation between the provider and the customer. Consequently, the data will be forwarded to the dispatch company entrusted with delivery as well as - depending on the form of payment chosen by the customer - to the bank or the respective payment provider entrusted with processing of the payment. There will be no forwarding of the data to third parties over and beyond this.
(3) If you opt for the payment forms “Payment against invoice”, “Payment by instalments” or “Payment by direct debit” via our partner Billpay GmbH, you will be requested, as part of the ordering process, to consent to the forwarding to Billpay of the data necessary for processing of payment and for verification of identity and creditworthiness. If you issue your consent, your data (first name and surname, street, house number, postal code, town, date of birth, telephone number and, in the case of “Payment by direct debit”, the bank details provided) as well as the data related to the order will be forwarded to Billpay.
As part of its own verification of identity and creditworthiness, Billpay or its authorised partner companies forward(s) data to credit reference agencies and receive(s) references and possibly credit-rating information from these based on mathematical-statistical procedures. More detailed information on this and on the credit reference agencies used can be found in the data protection provisions of Billpay GmbH.
(4) The customer has a right to free information at any time on his personal data stored as well as to correction, blocking and deletion of this data if applicable.
(5) The provider reserves the right to use the customer data collected to create use profiles using pseudonyms for the purpose of advertising, market research or for requirements-oriented design of his offers. The customer is entitled to object to this application of his use data at any time.
(6) Questions concerning the collection, processing or use of personal customer data, concerning information, authorisations, blocking or deletion of data as well as the revocation of consent granted can be addressed to the provider at the address stated in Section 1 sub-section 1 of these General Terms and Conditions of Business.
Section 10 – Instructions concerning the right of cancellation and return
You can cancel your declaration of contract in writing (e.g. by e-mail) within 30 days without stating reasons or – if the item is handed over to you before expiry of the deadline – by returning the item. The period shall begin upon receipt of these instructions in written form; these will be sent to you in printable form as part of our order confirmation together with these terms and conditions of business. Nevertheless, the period shall not begin before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery). On-time sending of the cancellation or item shall suffice for adherence to the deadline for cancellation.
The cancellation of the goods must be addressed to
CATSOMAT GmbH & Co. Pet Products KG Hauptstrasse 6 85462 Eitting / Reisen
Tel.: +49 (0) 221 280 7402
Fax: +49 (0) 221 280 7401
The physical return of the goods must be to our service:
Please inform us by e-mail before the return of the device. Enclose your CATSOMAT invoice with it into copy. Our e-mail address is: email@example.com
After we have checked your enquiry, you receive the address of our service center from us.
Consequences of cancellation or return
In the event of effective cancellation, the services received by the respective parties must be returned together with any benefits derived (e.g. interest). If you are unable to return the service received to us, either in part or in full or only in a deteriorated condition (e.g. dirty feeding trays, scratched housing/display etc.), you must provide us with corresponding compensation for any loss of value. With regard to the handing over of items, this does not apply if the deterioration of the item is attributable exclusively to their checking – as would be possible, for example, in a store outlet. In other respects, you can avoid the obligation to provide compensation for loss of value caused by deterioration through intended use of the item by not using the item as your property and refraining from everything that impairs its value. Within Germany, items suitable for dispatch by parcel must be returned in the original packing at our expense and risk (return label and form will be enclosed with the delivery and must be used for return). Items not suitable for dispatch by parcel will be collected from you. With items sent abroad, you must bear the costs of return delivery if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period shall begin for you upon sending of your declaration of cancellation or of the item, for us upon receipt thereof.
End of the instructions concerning the right of cancellation or return
Section 11 - Copyright
(1) The CATSOMAT, as thermo-electric cooled automatic feeding device, is covered by various copyright protection both nationally and internationally. Any imitation and/or attempt at such will be pursued through legal action.
(2) Copyright to the design and to the content of this website, with all its pages, shall remain with us in all cases, in particular all photographs, texts, descriptions and all content. The copying and downloading of the website or parts thereof (pictures, texts etc.) is not permitted with the exception of the General Terms and Conditions of Business. Reproduction or other use for commercial purposes, in particular forwarding in return for payment, is not permitted.
(3) If we refer to other websites or webpages through links or hyperlinks, we assume no liability or responsibility for the content of the sites or pages.
Section 12 – Applicable law and place of jurisdiction
Exclusively German law shall apply subject to the exclusion of the UN Sales Convention. This choice of law shall apply with respect to a consumer only in so far as this does not restrict any mandatory statutory provisions of the country in which the consumer has his place of residence or place of habitual abode. If the customer is not a consumer, Cologne is hereby agreed as place of jurisdiction.
Section 13 – Concluding provisions
Should one or more provisions of these General Terms and Conditions of Business be or become invalid or inoperable, this shall not affect the validity of the General Terms and Conditions of Business as a whole. The invalid or inoperable provision must be replaced by a provision that corresponds as closely as possible economically and legally to that which the parties intended with the original ruling. The same shall apply for any loopholes in the contract.
CATSOMAT GmbH & Co Pet Products KG., Hauptstrasse 6, 85462 Eitting / Reisen
Last amended: 7 May 2012