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Terms and Conditions

AVIFOOD and AVIJAN Terms and Conditions for Sale,
version March 2017, hereinafter referred to as “T&C”

This online-shop is cooperative operated by AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K., hereinafter referred to as "AVIFOOD", and AVIJAN OHG, hereinafter referred to as “AVIJAN”.

For customers with a seat of residence or of business outside Germany the offers for sale are given by AVIJAN OHG and for customers with a place of residence or of business in Germany by AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K.
Therefore, the purchaser for customers from outside Germany is AVIJAN OHG, and for customers in Germany AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K.

Contact information
Orders to and sales contract with AVIFOOD is
AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K.
represented by Dip. Stat. (Univ.) Monika Janeczek
Hans-Cornelius-Str. 2 b
D-82166 Gräfelfing
Commercial Register No. HRA 84734
Amtsgericht München ( Munich )
VAT ID: DE 177 570 015

Tel.: +49 (0)89-854814-40 (Mon. – Fri. 10:00am to 12:00 noon and Mon., Tues., Thurs. 07:00pm to 08:00pm)
Fax: +49 (0)89- 854814 - 50
Email: info@avifood.com

Telecommunications costs - there are no telecommunications costs over and above those charged by your own provider.

Orders to and sales contracts with AVIJAN is
AVIJAN OHG
represented by Dr. med. vet. Friedrich Janeczek and by Dipl.-Stat. (Univ.) Monika Janeczek
Hans-Cornelius-Str. 2 c
D-82166 Gräfelfing
Commercial register HRA 84958
Amtsgericht München (Munich),
Germany
VAT-ID-No.: DE 814 163 117

Phone.: +49 89-854-9000 (Mo-Fr 10:00 to 12:00 and Mo,Tu,Th 19:00 to 20:00)
Fax: +49 89-854-4600
Email: info@avijan.com

1. Conclusion of contract

1.1 These AVIFOOD Terms and Conditions, in the version valid at the time of the customer's offer, and accessible/printable via or www.avijan.com (which leads to the cooperative homepage of AVIFOOD and AVIJAN) shall apply in respect of each and every AVIFOOD sale.

1.2 The presentation of products in our online shop is not a legally binding offer but a non-binding online catalog offer. An offer to enter into a purchase contract is not made until you click the order button, thereby submitting a binding order in respect of the goods in your cart. Confirmation of receipt of your order by AVIFOOD will be provided by email immediately after you submit the order. This does not yet constitute acceptance of a contract by either AVIFOOD or AVIJAN.

1.3 We can accept your order by sending you an order confirmation (declaration of acceptance) or decline your order by separate email or implicitly accepting your order by shipping the goods within 7 working days of our confirmation of receipt, the definitive response being receipt by the customer of our declaration of acceptance and/or the goods. Working days are all the days of the week except for Saturdays, Sundays and public holidays applicable at the location of our Head Office in Gräfelfing (Bavaria).

1.4 We reserve the right to ship to foreign locations via AVIJAN OHG. This does not alter the fact that your contractual partner is AVIFOOD.

2. Order Procedure

You can place the product you want to order in your shopping card-box by clicking the button “Shopping Card-Box”. You can always call and review your order in your shopping card-box just by clicking on it and there you can delete an order by clicking the button “Delete”. When you want to buy the product(s) in your shopping card-box you need to click on the button “CheckOut”. On the next website you need to fill in all information regarding your order(s). Mandatory fields are marked with a (*). You do not need to register in our online shop for online shopping. The transfer of your data is encrypted. When you have filled in your information and decide to buy your way to pay is to get to the button “Review and Transmission”. Here, you can review all your orders and modify or delete each of them. You finalize the order process when you click on the button “order for costs”. Until this moment you can always interrupt the order process when you close the browser window.

The contract information regarding your order will be recorded by us. These AVIFOOD and AVIJAN Terms and Conditions for Sale you can always call up and download on our homepage. Your order details as well as our Terms and Conditions and the information regarding your right to terminate your order will be mailed to you electronically by us. After your order your order details are not accessible anymore in the Internet due to safety reasons for your personal data.

Our online shop and the offers are accessible in English and German.

We are under control of eco control agency under eco certification no DE-Öko-037.

3. Product Information

3.1 Should you require concrete details of individual products, particularly detailed descriptions, intended uses, possible incompatibilities or other significant features, please see the product descriptions for the product concerned on our website www.avifood.com resp. www.avijan.com.

3.2 In the event of an error or incomplete information in the product or price details in our online shop, we will correct the error or incomplete information prior to issuing our declaration of acceptance, and will inform you about it by email and offer the article to you under the correct conditions. You may then accept this offer from us. If you do not respond to the offer, no contract shall have been entered into.

4. Prices and Delivery

4.1 For deliveries to addresses within Germany and the EU, the prices quoted in the online shop are end prices inclusive of the amount of Value Added Tax applicable on the day on which the invoice is issued. For shipments outside the EU VAT will be deducted from the sales price.

4.2 We will debit your bank account or your credit card 7 days after shipment. In case of a PayPal payment the payment terms of PayPal shall apply.

4.3 Shipping costs within Germany and the EU are a flat EUR 4.95. Shipping costs to Switzerland and Liechtenstein are a flat EUR 9.95. Shipping costs outside the EU are a flat EUR 29.95. You will be informed about the costs for delivery expressly in each product information website, in your shopping card-box and on the order website in our online shop.

4.4 The time for delivery in respect of goods in stock that are paid for in advance and shipped to addresses within Germany and the EU is 7 working days after the amount invoiced is received in our bank account. In the case of deliveries outside the EU, goods are shipped within 5 working days. Delivery periods can vary from one destination country to another. It is not possible, therefore, to indicate a general time for delivery. If it is essential for us to adhere to a particular time for delivery, this must be expressly indicated in the order.

4.5 If the goods that you order are currently not in stock, we will inform you of this immediately and indicate the anticipated delivery date. You will then have the opportunity to decide whether or not you wish to adhere to the order. Should you wish to adhere to the order, the time for delivery indicated above will apply subject to the modification that the start of the time for delivery will be the day on which the goods are once again held by us in stock.

5. Cancellation

If the customer qualifies as a "consumer", as defined by Art. 13 of the German Civil Code ( § 13 BGB ), he/she has a cancellation right in line with the text quoted below. If the customer qualifies as an "entrepreneur", as defined by Art. 14 of the German Civil Code ( § 14 BGB ), and if he/she is concluding a contract in his/her professional or freelance capacity, no cancellation right exists.

Cancellation instructions

Right to cancel

You have the right to cancel this contract within fourteen days without giving a reason for doing so.
The cancellation period is fourteen days from the date on which you or a third party nominated by you (who is not the carrier) take(s) possession of the goods. In the case of separate deliveries, the relevant date is the date on which you or a third party nominated by you (who is not the carrier) take(s) possession of the last of the goods.
If you wish to exercise your right to cancel you must inform us of your decision to cancel this contract by sending an unambiguous declaration (e.g. by letter sent in the regular mail, by fax or by email) to:

Purchaser is AVIFOOD: AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K.
represented by Dipl. Stat. ( Univ. ) Monika Janeczek
Hans-Cornelius-Str. 2b
D-82166 Gräfelfing
Tel.: +49 (0)89-854814-40 (Mon. – Fri. 10:00am to 12:00 noon and Mon., Tues., Thurs. 07:00pm to 08:00pm)
Fax: +49 (0)89- 854814 - 50
Email: info@avifood.com

Purchaser is AVIJAN:
AVIJAN OHG
represented by Dr. med. vet. Friedrich Janeczek and by Dipl.-Stat. (Univ.) Monika Janeczek
Hans-Cornelius-Str. 2 c
D-82166 Gräfelfing
Germany
Phone.: +49 89-854-9000 (Mo-Fr 10:00 to 12:00 and Mo,Tu,Th 19:00 to 20:00)
Fax: +49 89-854-4600
Email: info@avijan.com

You may use the provided cancellation form for this purpose (insert a link to the form here); however, use of the form is not mandatory. It is sufficient to maintain the right to cancel period if you inform your purchaser, therefore, either AVIFOOD or AVIJAN about your cancellation within this period.

Consequences of cancellation

If you this cancel this contract, we are obligated to return all payments that we have received from you, including costs for delivery (except for additional costs if you have opted for a different type of shipment from the low-cost regular shipping option that we offer), without delay and within no more than fourteen days from the day on which we receive your notification that you wish to cancel this contract. Funds are reimbursed by the same method as that used by you for the original transaction - unless we have expressly agreed something different with you; we will not charge you, under any circumstances, for reimbursing these funds to you. We are entitled to hold back reimbursement until such time as we have received the returned goods or until you have provided evidence of the fact that you have shipped the goods - whichever is the sooner.
You are obligated to return or hand over the goods without delay and, in any event, within no more than fourteen days from the day on which you notify us that you wish to cancel this contract. The deadline is considered to have been met if you send the goods back prior to the expiry of the fourteen-day period.
You are responsible for the direct costs of returning the goods.
You are not liable for any loss in the value of the returned goods, unless this loss in value is directly attributable to a nonessential handing of the goods during the examination of the condition, properties and functionality of these goods by you.
End of cancellation instructions

In accordance with Art. 312 g Para. 2 of the German Civil Code ( § 312 g Abs. 2 BGB), there is no right to cancel in respect of the following goods (amongst others):
• goods manufactured in accordance with your particular wishes or clearly tailored to meet your personal needs;
• goods whose properties make them unsuitable for return;
• perishable goods;
• goods sealed at the time of delivery which, for reasons of health protection or hygiene, are unsuitable for return if the seal is removed after delivery;
• goods which, because of their nature, have been inseparably mixed with other products after delivery.

6. Warranty Rights

We are liable for any deficiencies in our goods in accordance with the provisions of the BGB, subject to the proviso that any claims for damages are limited to those in respect of deliberate intent or gross negligence. This limitation does not apply in the case of injury to the life, limb or health of persons.

7. Liability

AVIFOOD and vicarious agents are liable to customers for breach of contractual obligation, delay, impossibility of performance, tort and any other legal reason, as follows: AVIFOOD is liable without limitation:

• in the event of intentional or grossly negligent breaches of contract, or malice;
• in the event that culpable damage has been caused to the life, limb or health of persons;
• for any quality or durability warranty, providing AVIFOOD has expressly and specifically given such a warranty in respect of the goods supplied;
• to the extent that the matter falls within the scope of the Product Liability Act.

In the case of a negligent breach of material contractual obligations (cardinal obligations) and/or warranties, AVIFOOD's liability shall be limited to the level of typical damages foreseeable on conclusion of the contract.

8. Retention of Title

The goods remain the property of AVIFOOD until such times as full and complete payment has been received by us.

9. Privacy Statement

We commit us to observe the legal regulations for the protection of personal data as described in our Privacy Statement.

10. Choice of Jurisdiction

For all legal transactions and legal relationships between AVIFOOD Dipl. Stat. (Univ.) Monika Janeczek e. K. resp. AVIJAN OHG and the customer, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of "consumers", however, this choice of jurisdiction shall apply only insofar as the consumer is not deprived of the protection afforded to him/her under mandatory legal consumer protection in his regular place of residence.