Pet42 General Terms and Conditions (AGB)

These General Terms and Conditions apply to all services provided by PET42 UG (haftungsbeschränkt) through this online shop. Any differing terms of the customer are expressly rejected. Such terms do not become part of the contract through the provision of the requested food recommendation or any other implied act.

For the purposes of these General Terms and Conditions, a consumer is a natural person entering into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. A business customer is any natural or legal person, or partnership with legal capacity, entering into a legal transaction in the course of their self-employed professional or commercial activity.

“Digital content” means all data created by Pet42 and transmitted electronically, in particular individual food recommendations for dogs.

Pet42 offers, for a fee, the preparation of food recommendations individually tailored to each dog.

Recommendations are prepared exclusively on the basis of information supplied by the customer about the animal concerned (age, weight, breed, health information and particular needs). Pet42 is not obliged to request additional information, for example about intolerances or allergies; the customer must provide such information on their own initiative when ordering.

The presentation of services on Pet42’s website does not constitute a binding offer, but an invitation to place an order without obligation.

The customer’s order constitutes a binding offer to Pet42 to enter into a contract. By ordering, the customer declares a binding intention to receive the food recommendation ordered. The customer receives a copy of the order details in the order receipt confirmation email, which can be saved. This receipt confirmation expressly does not constitute acceptance of the customer’s offer.

The contract is concluded exclusively in German.

Pet42 reserves the right to reject enquiries without giving reasons. This applies in particular where information about the animal is insufficient or contradictory, or a recommendation cannot be made for other reasons.

You can correct the contractual declaration made as part of your order at any time before submitting it by clicking the “Bearbeiten” (Edit) button. Once the order has been submitted, corrections are no longer possible.

We store your orders until the contract has been fully performed. If you lose your order records, please contact us by email. We will be happy to send you a copy of your order details while your order has not yet been fulfilled. Once the order has been fully fulfilled, we will delete the order details, subject to statutory retention periods, and can no longer provide them.

Prices stated on the website always include statutory VAT. There are no delivery charges or other provision costs.

Payment is currently available exclusively through PayPal. Please follow the payment instructions after completing your order. PayPal is an online payment service that lets you pay for your purchases quickly and easily. For information about opening a PayPal account, please visit www.paypal.de. Once payment has been recorded, we deliver the order within the delivery times stated in section 7.

After the contract is concluded, the individual food recommendation is provided to the customer electronically by email. There is no restriction on the countries to which it can be delivered. The food recommendation is written and sent exclusively in German. There is no entitlement to a translation into other languages.

Delivery takes place within a maximum of 24 hours, but may differ in the event of technical disruptions or force majeure, without giving rise to any claims by the customer. In such a case, the customer will be informed of the circumstances and their expected duration immediately after the occurrence of the force majeure has been identified.

Food recommendations created by Pet42 are protected by copyright.

Upon full payment, the customer receives a non-exclusive, non-transferable right of use solely for personal use.

Any sharing, publication or commercial exploitation of the recommendations without Pet42’s prior written consent is prohibited.

Pet42 is liable, irrespective of the legal basis, including contractual, quasi-contractual or statutory claims, exclusively in accordance with the following provisions.

In the event of slight negligence, Pet42 is liable only for a breach of essential contractual obligations (cardinal obligations), limited to the typical damage foreseeable at the time the contract is concluded. Essential contractual obligations are those that must be provided to the customer in accordance with the content and purpose of the relevant contract, whose fulfilment makes proper performance of the contract possible in the first place, and/or on whose observance the customer regularly relies and is entitled to rely.

The food recommendations provided by Pet42 do not replace a veterinary examination or treatment. The customer bears full responsibility for all decisions made on the basis of the recommendations.

Where Pet42’s liability is excluded or limited, this also applies to the personal liability of Pet42’s legal representatives, employees and persons engaged in performing its obligations.

Mandatory statutory liability provisions, in particular those under the German Product Liability Act, and liability for damage arising from injury to life, body or health, as well as from intentional misconduct or gross negligence by Pet42 or its representatives or persons engaged in performing its obligations, remain unaffected.

Pet42 is not liable for non-performance or delayed performance of obligations attributable to events of force majeure.

Force majeure includes, in particular, natural disasters, pandemics, war, official orders, power failures, telecommunications network failures, server disruptions and other unforeseeable events that prevent Pet42 from providing the service through no fault of its own.

In the event of force majeure, Pet42 will inform the customer of these circumstances without undue delay and provide information about the expected duration of the impediments to the best of its knowledge and belief.

The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not deprive a customer who is a consumer of the protection afforded by mandatory provisions of the law of the country in which they habitually reside.

For contracts with merchants, meaning customers operating a commercial business or classified as merchants for other legal reasons under the German Commercial Code (HGB), and with legal persons under public law, Brühl is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.