Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 General Provisions
(1) The following terms and conditions apply to contracts you enter into with us, the provider (Everstack GmbH), via the website www.animalbased.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions you may use.
(2) For the purposes of the provisions below, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A “business operator” is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Formation of the Contract
(1) The subject matter of this contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to enter into 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 items you intend to purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" by clicking the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar label) and entering your personal information as well as the payment and shipping details, the order details will be displayed to you as an order summary.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your information there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online store.
Before submitting your order, you have the option to review the information in the order summary, make changes (including by using your web browser's "Back" button), or cancel the order.
By submitting your order via the corresponding button (“Place Order with Obligation to Pay,” “Buy” / “Buy Now,” “Order with Obligation to Pay,” “Pay” / “Pay Now,” or a similar designation), you legally and bindingly accept the offer, thereby entering into the contract.
(4) Your requests for a quote are non-binding on your part. We will provide you with a binding offer in writing (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out in part automatically via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.
§ 3 Special Provisions Regarding Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered through "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available through “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. “PayPal” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified 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 through "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods available through “Stripe” are displayed under a corresponding button on our website and during the online ordering process. “Stripe” may use additional payment services to process payments; if special payment terms apply, you will be notified of them separately. For more information about “Stripe,” please visit https://stripe.com/de (https://stripe.com/de).
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery to ensure they are complete and free of obvious defects or shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If any characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed upon only if you were notified of it by us prior to our submission of the contractual declaration and the deviation was expressly and separately agreed upon by the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the venue for legal proceedings, is our registered office, provided that you are not a consumer but rather 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 venue for legal proceedings in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller's Identity
Everstack GmbH
Arsterdamm 94B
Gate 062-086
28277 Bremen
Germany
Phone: +491733973160
Email: info@everstack.de
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps involved in concluding the contract, the conclusion of the contract itself, and the options for corrections are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German.
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, you can print out the contract details using your browser’s print function or save them electronically. Once we receive your order, we will resend the order details, the information required by law for distance sales contracts, and the General Terms and Conditions to you via email.
3.3. For quote requests made outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer—for example, via email—which you can print out or save electronically.
4. Codes of Conduct
4.1. We have complied with the "Käufersiegel" quality criteria established by 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 the good or service
The key features of the product and/or service are listed in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, represent 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 viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
6.3. If the delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
6.4. You are responsible for any costs incurred in connection with the money transfer (bank transfer or exchange rate fees charged by financial institutions) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. The payment methods available to you are listed under a button with the corresponding label on our website or in the respective offer.
6.6. Unless otherwise specified for each payment method, payment obligations arising from the concluded contract are due immediately.
7. Terms of Delivery
7.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
7.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are delivered to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a carrier not designated by the seller or any other person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were drafted by lawyers at Händlerbund who specialize 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 cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: October 22, 2024