Terms and Conditions Delivery

Shipping costs and delivery information

• The prices stated on the product pages are inclusive of VAT.
• We deliver in South Tyrol, Italy, Austria and Germany. If there are interested parties from other countries, please contact us directly and we will find a solution.

We charge the following delivery fees in addition to the indicated prices:

• South Tyrol:
  Subscriptions and orders over €59 free, otherwise €6.50 per order.
• Italy:
  Orders over 89€ free, subscriptions and other orders 8€.
• Germany and Austria:
  Orders over 159€ free, subscriptions and other orders 10€.

The shipping costs are clearly displayed in the shopping cart.

General terms and conditions

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. right of withdrawal
8. subscriptions
9. retention of title
10. warranty of quality and guarantee
11. liability
12. place of jurisdiction, applicable law, contract language

1. scope of application
1.1 The business relationship between Southtyrol Pet Food GmbH, Managing Director Andreas Wurzer (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections by e-mail at info@petalpin.eu.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise noted with the products. Apart from that, errors are excepted.

3. order process and conclusion of contract
3.1 The Customer can select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout]. 3.2.
3.2 By clicking the button [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 5 days or has confirmed the shipment to the customer within 5 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory sales tax.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.

5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. right of withdrawal
Consumers (any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity) are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the revocation policy.

Cancellation policy

Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us, Southtyrol Pet Food GmbH, Via Damiano Chiesa 1, 39055 Laives, e-mail: info@petalpin.eu by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

7.1 The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. The right of withdrawal shall also expire prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

7.2 The provider informs about the model withdrawal form according to the legal regulation as follows: Model withdrawal form

If you want to revoke the contract, please fill out this form and send it back.

 To Southtyrol Pet Food GmbH, Via Damiano Chiesa 1, 39055 Laives, e-mail: info@petalpin.eu: I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following

Service (*) __________________________________________________

Ordered on (*)/received on (*)_________________________

Name of the consumer(s) _________________________

Address of the consumer(s) _________________________

Signature of consumer(s) (only in case of paper communication)

_________________________ Date_________________________ (*)

Delete where inapplicable

8. subscription – conclusion and cancellation
8.1 Conclusion: As part of the ordering process, the Seller offers the Customer the option to receive certain items on a regular basis as part of a subscription. The time interval between deliveries can be selected from various options. The agreement is valid for an indefinite period. It may be terminated at any time with 14 days’ notice to the next shipment date.
8.2 Changes: The customer can change the purchase quantities or purchase intervals within the scope of the offered options via the customer account or by notifying the seller. Changes can usually only be considered for such next delivery dates that are at least 14 days in the future.
8.3 Termination: The customer can terminate the agreement at any time in his customer account or also via the seller’s customer service by eMail to info@petalpin.eu the subscription. For organizational reasons, a cancellation must be made no later than 14 days before the next shipping date. If this deadline is not met, the cancellation will become active on the following date.

9. reservation of proprietary rights
Until full payment, the delivered goods remain the property of the seller.

10. warranty of quality and guarantee
10.1 The warranty is determined by legal regulations.
10.2 A guarantee exists for the goods delivered by the seller only if this was expressly given. 

11. liability
11.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory requirements for claims.
11.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
11.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
11.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

12. final provisions
12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.
12.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.