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General Terms and Conditions of N. Ludwig GmbH

1. General remarks
1.1. These General Terms and Conditions of N. Ludwig GmbH shall apply to all offers, sales, deliveries of goods and provision of services.

2. Formation of a contract
2.1. All offers made by N. Ludwig GmbH are non-binding and subject to confirmation. The customer’s orders constitute an offer in a legal sense by which the customer is bound. N. Ludwig GmbH has the right to decline orders, in part or in full, without giving reasons. The contract is formed only when the customer has the legal capacity to enter into a binding contract and when we send you a written acknowledgement of your order or deliver your goods or services.

2.2. Formation of contracts in the online shop:
2.2.1. By clicking the “Submit order” button you submit a binding offer to purchase the goods in the shopping cart and accept our General Terms and Conditions. However, the contract is formed only when we accept your order by way of a written acknowledgement of order, which we will send you by separate e-mail, or by delivery of the goods.

3. Availability of goods:
3.1. If the goods ordered by you are shortly out of stock at the time of your order, we will tell you so. If the goods are permanently unavailable, no contract will be concluded and we will inform you of this being the case.

3.2. If delivery is delayed by more than two weeks, you are entitled to cancel the contract. On the other hand, we shall likewise have the right to cancel the contract if delivery is delayed by more than 14 days, if we are not able to deliver the ordered goods within an additional period of 7 days.

4. Place of performance and passing of risk
4.1. The place of performance is the head office of N. Ludwig GmbH

4.2. Our delivery commitment shall be deemed to have been met and hence the risk in the goods to have passed to our customer when

4.2.1. delivery by our parcel carrier has been agreed and the goods have been handed over to the customer.

4.2.2. collection by the customer has been agreed and we have notified the customer of our readiness for delivery.

4.2.3. transport by a contracted freight forwarder or parcel carrier has been agreed and the forwarder/parcel carrier has left the site of N. Ludwig GmbH with the goods.

5. Delivery of the goods:
5.1. N. Ludwig GmbH reserves the right to choose the exact date of delivery of the goods agreed in the contract within the deadlines stated above.

5.2. Access and exit routes and unloading space in case of delivery by our parcel carrier.

6. Payment terms
6.1. The purchase price and shipping costs must be paid not later than 30 days after receipt of the goods and the invoice. In case of late payment, we will charge interest for default at a rate of 12% p.a.

6.2. Until payment in full N. Ludwig GmbH shall retain title to the goods.

6.3. The processing/feeding or resale of our goods by our customer or a third party creates a co-ownership in the product/animal in proportion to our share in the value of the goods. If the product/animal, for/to which our goods have been processed/fed, is disposed of, particularly by way of sale, our reservation of title shall also apply to our customer’s or a third party’s claims resulting therefrom (extended reservation of title).

6.4. If a customer has to meet outstanding debts, any incoming payment of the customer, irrespective of its dedication, will be accepted and applied to the oldest debts. If there are several payments outstanding, the customer shall not be entitled to a cash discount.

7. Payment terms – online shop:
7.1. All prices on this website are indicated in (EURO) and include VAT at the applicable statutory rate. Packaging and shipping costs are calculated and shown separately.

7.2. The customer may use one of the payment options shown when completing the ordering process, e.g. payment by credit card or Paypal. We reserve the right to restrict the payment options, if necessary.

7.3. The purchase price must always be paid in advance.

Payment by invoice
In co-operation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you payment by invoice as another payment option. If you use the payment by invoice option with Klarna, you will always receive the goods first and will always be granted a payment period of 14 days. Payment is made to Klarna. Please note that payment by invoice is only available to consumers. The complete Terms and Conditions regarding payment by invoice for deliveries to Germany are available here and the complete Terms and Conditions regarding payment by invoice for deliveries to Austria are available here. If you pay by invoice with Klarna, the online shop will charge a fee of 0,00 euros per order.

Klarna will check and evaluate the details provided by you and, in case of legitimate interest and reason, will exchange data with other companies and credit reference agencies. Your personal details will be treated in accordance with the applicable data protection regulations and according to Klarna’s privacy policy for Germany / Austria.

8. Warranty:
8.1. Our customer has the duty to inspect the goods for apparent defects immediately upon acceptance of delivery and to give notice of any existing defects immediately and of hidden defects not later than within the minimum shelf life of the goods once the defect has become known. Otherwise the customer will forfeit his or her warranty rights.

8.2. The customer has to prove that the defect already existed at the time the goods were delivered.

8.3. The statutory warranty period applies to our products. With regard to feedstuff, however, this warranty period shall be limited to the best-before date indicated on the feedstuff bag or, in case of loose items, on the accompanying documents.

8.4. In the event of complaints, the customer shall, upon our request, provide information about the keeping conditions and health of the animals and provide access to veterinary examination records records.

8.5. For purposes of clarification we state that we are not liable and do not indemnify the customer for defects or damages resulting from instructions which were not given by us (e.g. formula, dosage), improper storage and/or transport and from non-compliance with the Feed Hygiene Regulations; this shall also apply to defects or damages which can be attributed to material provided by the customer.

9. Revocation
9.1. In the event that our customer’s assets have been subjected to bankruptcy or composition proceedings, we are entitled to cancel the contract without granting a grace period. You have the right to cancel the contract, without giving reasons, within 14 days of delivery of the goods, either by sending a written notice of cancellation (e.g. by letter, fax, e-mail) or by returning the goods. For this purpose, it shall be sufficient for the notice of cancellation or the goods to be posted within this period of time (the date of the registered mail receipt is decisive). Saturdays, Sundays and public holidays are included in the counting. If you cancel the contract by sending a written notice, you are liable to return the goods immediately, whereby the return of the goods has to be proven by a document (e.g. mail receipt). If you wish to return goods, we will provide you with a return address where you may send the goods.

9.2. In the event of an effective cancellation, the goods and payments received by both parties must be returned. Compensation for lost value in the amount of the prorated purchase price has to be paid for unreturned goods or goods returned in a deteriorated state. This does not apply if the deterioration of goods that were delivered to you results exclusively from inspecting them – as would have been possible in a shop. The customer does not have to pay compensation for lost value for any deterioration resulting from normal use of the goods. Goods suitable for shipping via parcel post are to be returned at our risk. Unless agreed otherwise in writing, the cost of returning the goods shall be borne by the customer

10. Data protection
10.1. The customer consents that his/her personal details provided in the context of our business relationship shall be stored and processed by us for the purpose of implementing the contract and providing the customer with information by way of brochures, catalogues, e-mails, etc. and shall be passed on to service providers which provide customer services on our behalf for the purpose of performing these services. The customer may revoke his/her consent in writing at any time.

11. Applicable law
11.1. The contract concluded with N. Ludwig GmbH as well as these Terms and Conditions shall be governed by Austrian law. Any disputes arising from or in connection with the contract, including disputes concerning its validity, shall be settled exclusively by the competent court in A-8280 Fürstenfeld.

12. Severability:
12.1. Should individual provisions of these terms of payment and sales conditions be ineffective or void, they shall be replaced by the relevant statutory regulation. The ineffectiveness of an individual provision shall not affect the effectiveness of the other provisions.
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