Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution
15. Affiliate Program

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of NANDOO Premium Hundefutter GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods entered into by a consumer or business (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the delivery of vouchers, unless otherwise specified in this regard.

1.3 Consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity.

1.4 Business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.5 Depending on the Seller's product description, the subject of the contract can be either the supply of goods by way of a one-time delivery or the supply of goods by way of a continuous delivery (hereinafter "Subscription Contract"). Under a Subscription Contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 When selecting the payment method "Amazon Payments", payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases, which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs relating to money transfers may also apply if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the payment service "PayPal", payment processing is carried out by PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g., purchase on invoice or installment payment), the Seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to deny the Customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.6 When selecting the payment method "Sofortüberweisung" (instant bank transfer), payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process, and must confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method is available to the Customer on the internet at https://www.klarna.com/sofort/ .

4.7 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services, which may be subject to special payment conditions, of which the Customer will be informed separately if applicable. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de .

4.8 When selecting a payment method offered via the payment service "Mollie", payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "Mollie"). The individual payment methods offered via Mollie will be communicated to the Customer in the Seller's online shop. To process payments, Mollie may make use of further payment services, which may be subject to special payment conditions, of which the Customer will be informed separately if applicable. Further information on "Mollie" is available on the internet at https://www.mollie.com/de/ .

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of delivery if the Customer effectively exercises their right of withdrawal. With regard to the costs of returning the goods, the provision made in the Seller's withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally does not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss or accidental deterioration of the sold goods also passes to consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment to carry out the delivery, and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the Customer as follows:

- by email

6) Contract Duration and Termination for Subscription Contracts

6.1 Subscription Contracts are concluded for an indefinite period and may be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end date or until the expiration of a notice period.

6.3 Terminations may be made in writing, in text form (e.g., by email), or electronically via the termination facility (termination button) provided by the Seller on their website.

7) Retention of Title

If the Seller provides advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects apply. The following deviations apply to contracts for the delivery of goods:

8.1 If the Customer acts as a business,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

8.2 The liability limitations and shortened time periods regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to notify the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise specified in this regard,
• on the basis of mandatory liability, such as under the German Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the observance of which the Customer may regularly rely.

9.3 Otherwise, the Seller's liability is excluded.

9.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Promotional Vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

10.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

10.5 Only one Promotional Voucher can be redeemed per order.

10.6 If the Promotional Voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. The Seller will not refund any remaining credit.

10.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.8 The credit balance of a Promotional Voucher is neither paid out in cash nor accrues interest.

10.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher as part of their statutory right of withdrawal.

10.10 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and any remaining credit from Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit will be credited to the Customer until the expiration date.

11.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

11.4 Only one Gift Voucher can be redeemed per order.

11.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.7 The credit balance of a Gift Voucher is neither paid out in cash nor accrues interest.

11.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

12) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is entitled in any case to bring an action before the court at the Customer's place of residence.

14) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

15) Affiliate Program

Self-Purchases and Misuse
Commissions are granted exclusively for sales actually brokered to independent third parties. Self-purchases by the affiliate, purchases by family members, life partners, employees, or persons from the same household, as well as orders using the affiliate's own affiliate links, discount codes, or other advertising materials assigned to the affiliate, are excluded from commission payment. The organizer is entitled to decline or cancel such commissions at any time, or to reverse commissions already credited. In the event of suspected misuse, manipulation, or circumvention of these provisions, the organizer also reserves the right to temporarily suspend the affiliate account or permanently exclude it from the partner program.