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Zooplus General Terms & Conditions 2023

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0% found this document useful (0 votes)
61 views7 pages

Zooplus General Terms & Conditions 2023

Uploaded by

evitakinsella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

2023-07-10

General Terms and Conditions

1. Scope
These General Terms and Conditions of Business apply to all orders and deliveries between zooplus SE,
Sonnenstrasse 15, 80331 Munich, Germany, (hereinafter: zooplus) and its customers via the online shop
[Link].

2. Order process, enter into a contract, quantity limitation, commercial resale

1. Order process

Zooplus offers its customers a comprehensive range for all matters concerning domestic pets. By
clicking on the products or product descriptions, the customer navigates to the product details, .e.g.
details regarding the product design, size or taste. The product is placed in the virtual shopping
basket by entering the requested quantity and clicking on the shopping basket icon.

By clicking on the "shopping basket" button, displayed in the top right-hand corner of the online
shop, the customer navigates to an overview page and at any time can check the goods in the virtual
shopping basket and, where necessary, make changes.

If a customer does not wish to purchase additional goods, they can continue via the "To
order/checkout" button. Registered customers can enter their user names and passwords here to
automatically use their saved information for the order. Alternatively, the customer can register as a
new customer and set up a customer account or continue the purchase without setting up a
customer account. In such a case, the customer must enter their address and invoice information on
the following page.

By further clicking on the "Continue" button, the customer reaches the penultimate order stage
"Overview". The customer has access to an overview of the order here with details of the price
(including the statutory VAT) and details of the delivery service and costs.

The order is entered into by clicking on the "Buy" button. This means a binding offer has been made.

2. Enter into a contract

The goods offered in the shop are sold exclusively to non-commercial individuals, i.e. only to consumers
who conclude the legal transaction for purposes that can be attributed neither to their commercial nor
to their independent professional activity. The offers appearing on our website [Link] are
therefore not aimed at Businesses. Businesses are natural or legal persons or partnerships with legal
capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-
employed professional activity

The images of the range in the online shop are intended as an illustration and do not constitute binding
offers for sale. By completing the order process by clicking on the "Buy" button the customer makes a
binding offer to enter into a purchase contract. The customer thereupon receives an automated
confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not
constitute acceptance of the offer. The contract with zooplus is only concluded when zooplus sends the
ordered product to the customer and the shipping to the customer is confirmed by email (shipping
confirmation).

3. Quantity limitation, Commercial Resale

The offered goods are sold in customary domestic quantities only and only to persons of full age. The
commercial resale of goods is not permitted. zooplus reserves the right not to accept contractual offers
that appear to be made for the purpose of the commercial resale of goods.

3. Prices and shipping charges

1. Prices

All prices include statutory VAT and exclude shipping costs. We do not sell to businesses, therefore we
do not issue VAT receipts, nor do we refund the VAT.

2. Shipping Charges

zooplus delivers from a minimum order value of €19 (excl. shipping charges). Free delivery applies to
standard orders of €49 or more to the majority of postcodes in the Republic of Ireland*. Orders below
€49 will incur a shipping fee which can be found here.

The maximum weight for any parcel we can dispatch is 31kg. Orders weighing over 31kg will be
dispatched in 2 or more parcels (depending on weight).

The fee will be visible before checkout and details can be found here.

4. Dispatch and delivery


Unless stated otherwise in the offer or product details, the delivery period is 3 to 6 working days.
Information about delivery and shipping conditions is available here.

In the event that some of the ordered products are not in stock, zooplus shall be entitled to provide
partial deliveries at its cost provided this is acceptable for the customer.

In the event that zooplus is unable to deliver the ordered product because zooplus itself is not supplied
by its own suppliers, without culpability on the part of zooplus, zooplus may withdraw from the contract.
In such a case, zooplus shall inform the customer without delay and propose a comparable product. If a
comparable product is not available, or if the customer does not wish to have that product delivered,
zooplus shall, without delay, reimburse payments made by the customer. Deliveries are free of customs
duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other
levies that may apply shall be borne by the customer.

In the event that supplied products are damaged en route, the zooplus customer service is to be
contacted, where possible, without delay. As a result, zooplus shall have the option of lodging a
complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide
notification of transport damage, this shall not have any effect whatsoever on the customer's statutory
guarantee rights.

We will always to to send your delivery with the delivery partner you have selected. However, due to
circumstances beyond our control, this is occasionally not possible. Please accept our apologies for any
inconvenience this may cause.
In order to fulfil customer orders zooplus needs to pass on the customer email address, and where
available contact phone number to the delivery company authorised to delivering the goods. This forms
part of the contract with zooplus. The customer does not have the right to object. For further information
please see our Data Protection page.

5. Retention of title
The goods shall remain the property of zooplus up until payment in full. Prior to the passing of
ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted
without approval by zooplus.

6. Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. A consumer is any natural person
who enters into a legal transaction for a purpose that is neither attributable to their commercial nor
self-employed professional activity. The following regulations apply to the cancellation right and the
excluding of the cancellation right. If customers have any further questions about cancellations, they can
contact the zooplus customer service.

Instructions on withdrawal

The exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other
than the carrier and indicated by you, acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (zooplus SE, Customer Services Sonnenstrasse
15, 80331 Munich, Germany, telephone: 0035 312 232 226, service@[Link]) of your decision to
withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may
use the attached model withdrawal form but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your
exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including
the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type
of delivery other than the least expensive type of standard delivery offered by us), without undue delay
and in any event not later than 14 days from the day on which we are informed about your decision to
withdraw from this contract. We will carry out such reimbursement using the same means of payment
as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have
received the goods back or you have supplied evidence of having sent back the goods, whichever is the
earliest.

You shall send back the goods to

zooplus SE
zooplus Returns Center
Marktal 3
99880 Hoerselgau
Germany

without undue delay and in any event not later than 14 days from the day on which you communicate
your withdrawal from this contract to us. The deadline is met if you send back the goods before the
period of 14 days has expired.

You are only liable for any diminished value of the goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning of the goods.

End of Information concerning the Right of withdrawal

Exclusion of the right of withdrawal

The right of withdrawal does not apply in the event of delivery of goods

that are not pre-produced and an individual selection or determination by the consumer is
authoritative for their manufacture or goods that are clearly geared towards the consumer's
personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run
out,

that are not suitable for returns for reasons involving health protection or hygiene if their seal has
been broken post-delivery,

that were post-delivery inseparably mixed with other goods.

Model withdrawal form

Sample of the model withdrawal form

(Should you wish to cancel your contract with zooplus please complete this form and return to)

— To zooplus SE, Customer Service, Sonnenstrasse 15, 80331 Munich, Germany, service@[Link]

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is notified on paper)

— Date

(*) Delete as appropriate.

7. Guarantee and liability


The statutory guarantee provisions apply.

Veterinary medicine diet feed should only be used where recommended and by way of regular
monitoring by the veterinarian. The veterinarian should be visited regularly (every 6 months) during the
feeding for check-up examinations and without delay in the event of deterioration in the domestic pet's
condition. zooplus is not liable for the consequences of inappropriate use of veterinary medical diet
feed or use that is unnecessary.

8. Payment methods, invoices and vouchers


Payment for goods is to be made by Visa, Mastercard, or American Express credit card & Visa Debit Card.
Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible
for loss.

Your credit or debit card will not be charged until your goods leave our warehouse. In the case of
possible returns the amount paid will be refunded. Should your credit card have insufficient credit we
reserve the right to invoice you for the costs incurred in making requests for payment.

zooplus reserves the right in individual cases or depending on the delivery method chosen by the
customer to accept only certain types of payment

If the customer defaults in payment, the purchase price shall incur interest during the default in the
sum of 5 percentage points above the ECB base lending rate. If the customer is not a consumer, the
default interest shall be 8 percentage points above the base lending rate. zooplus reserves the right to
assert a claim for greater damage caused by default subject to furnishing proof in that respect.

1. Payment via bank transfer

Please be sure to include your order invoice number in the payment reference field when you enter the
information for your bank transfer. Please transfer the balance to the following account:

zooplus SE
Commerzbank München
IBAN: DE64 7004 0041 0211 4411 01
SWIFT (BIC): COBADEFF700

2. Payment by credit card

In the case of payment by credit card, amounts are booked within one week after shipping the goods.

3. Apple Pay

Apple Pay is available as a payment method for iOS devices on our app and mobile website. You can
select this payment method in the checkout area. It is accessible through Safari and you can pay using a
linked payment card. The payment will be taken directly via your Apple account. Upon submitting your
order, you will be forwarded to Apple to authorise the payment. As soon as we have been informed
about your authorisation, shipping starts - depending on the shipping time indicated with the goods.

Depending on the payment method deposited with Apple Pay, it will be debited with the factual amount
invoiced deducting any discounts, vouchers, etc. immediately after shipping has been made.

4. PayPal

PayPal is an online account-based system that lets anyone with an email address send and receive
online payments using their credit card or bank account. You can use it at zooplus to pay safely, easily
and quickly. During the ordering process, you can also open up a PayPal account if you don't have one.
Please note that we cannot accept Paypal accounts from the USA.

5. Invoices
zooplus reserves the right to issue invoices to the customer electronically. Electronic invoices shall be
sent to the customer by e-mail in PDF format. The sales tax invoiced shall not entitle the customer to an
input tax deduction.

6. Discount Vouchers and Codes

When redeeming discount vouchers and codes, the Terms & Conditions of Use including minimum order
value, the expiry date of the voucher, etc. must be adhered to. Only one discount per order can be used
per purchase. Discount codes or vouchers cannot be traded or converted into cash, nor can they be
applied retrospectively once the order has been placed.

9. Data protection
zooplus takes the protection of its customers' data very seriously. The zooplus data protection
declaration can be viewed here.

10. Marketing & Customer communication


If the customer concludes a contract with zooplus and specifies the electronic mailing address (email),
zooplus has the right to use this electronic mailing address (email address) of the customer for direct
advertising of its own similar goods or services, if the customer didn’t object to this use at the point of
collection. The customer always has the right to object to the use of the electronic postal address (email
address) at any time by sending a communication to service@[Link], without any costs other than
the transmission costs according to the basic tariffs.

11. Identity of the contracting partner


zooplus SE
Sonnenstrasse 15, 80331 Munich, Germany
represented by the management board:
Geoffroy Lefebvre
Andreas Maueröder

Chairman of the Supervisory Board:


Stefan Goetz
Munich Local Court ("Amtsgericht"), HRB 273759
VAT ID No. DE 200 164 421

12. Loyalty Programme / Loyalty Points


When registering as a customer and opening a "my zooplus" account, as well as with the first order, the
customer will automatically be invited to participate in the free zooplus Loyalty Programme and collect
loyalty points. The zooplus Loyalty Programme Terms & Conditions can be found here.

zooplus will use the email address specified in the my zooplus account to inform the customer on the
status of their bonus points. The customer has the right to revoke the use of this email address at
anytime without incurring any other costs except the transmission cost at basic rates.

13. Online Dispute Resolution


The European Commission’s official website for Online Dispute Resolution is available under
//[Link]/consumers/odr. zooplus is neither obliged nor willing to participate in a dispute
resolution scheme.

14. Final provision


Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity
or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby.
German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of
Goods (CISG). This choice of the aforementioned applicable law only applies insofar as the protection
granted by mandatory provisions of the law of the state in which the consumer has his habitual
residence at the time of his order is not withdrawn.

15. Printed version of the General Terms and Conditions of Business


To view a printer-friendly version of these General Terms and Conditions of Business, click on the printer
icon at the top of the page, in the upper right corner. Alternatively, to save a copy to your device, you can
click on the PDF icon.

Status of these General Terms and Conditions of Business: 10.07.2023

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