General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider. (Wioletta Kruczkiewicz) via the website https://www.aussie-falko.com/ conclude. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form).
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a license to use each digital content purchased from us from the respective licensor. The type and scope of the usage license are set out in the license terms specified in the respective offer.
§ 4 Conclusion of the contract for courses
(1) The subject of the contract is the provision of courses.
By placing the respective course offer on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are stored in the "shopping cart". You can call up the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal details and payment conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) Your requests for a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 5 Provision of services for courses
(1) The courses are held in the form described in the respective offers on the agreed dates.
(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.
(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
In the case of events consisting of several dates, if a date is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the canceled date will be made up on an alternative date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed locally. You must comply with our instructions and the instructions of the course instructor.
§ 6 Substitute participants
You can nominate a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.
§ 7 Contract term / termination for subscription contracts
(1) The subscription contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the subscription contract is not terminated by one of the parties one month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter notice period is specified in the respective offer).
(3) The right to terminate the contract without notice for good cause remains unaffected by this.
(4) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 8 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.
§ 9 Right of retention, Retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 10 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 11 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 12 Exclusion of liability
The individually commissioned feeding plans are based on the latest information from nutritional science, taking into account the BARF principles. It should be noted that the feed plans created do not meet the current scientific requirements for dogs and cats according to the National Research Council (NRC) for some nutrients. This applies in particular to the zinc and manganese requirements for adult animals and additionally to the calcium and phosphorus requirements for growing animals. Other requirements may also be affected depending on the specific feed plan. An actual deficiency of these nutrients can have health consequences for the animal. However, it should be noted that the requirement values mentioned take into account a bioavailability of the nutrients of only 10-50 %, i.e. it is assumed that 50-90 % of the ingested nutrient is not absorbed by the body. According to scientific findings, bioavailability is inhibited by so-called dietary antagonists such as phytate, which is found in cereals and soy. These feedstuffs are used in high quantities in commercial ready-made feeds, which is taken into account by the NRC requirement values. Due to the fact that these foods are only used in small quantities in BARF, it can be assumed that the nutrients are more bioavailable in a meat-based diet. A higher bioavailability would lead to a reduction in the relevant requirement values. To date, no scientifically proven, adjusted requirement values for BARFed animals have been published by the NRC. Pet owners who practice BARF therefore usually assume that a feed plan based on the structure of a prey animal will not cause deficiency symptoms despite not meeting some NRC requirement values. For this reason, the feed plans are used at the customer's risk. The information does not constitute medical advice and is not a substitute for medical diagnosis, advice and treatment by a veterinarian. Despite the utmost care, no guarantee can be given for the accuracy and completeness of the information. The success of the nutritional advice essentially depends on the cooperation and implementation of the instructions by the customer and cannot be guaranteed.
§ 13 Copyright
The information provided as part of the consultation (e.g. feed plans or information texts) is protected by copyright. The customer undertakes to recognize and comply with the copyrights. No copyrights, rights of use or other property rights to the content are transferred to the customer. The customer is only entitled to use the content for his own purposes. He is not entitled to make the content available on the Internet or otherwise to third parties for exploitation. This applies in particular to the publication of the content in social networks such as Facebook. Public reproduction or other further publication and commercial duplication of the content is expressly excluded. The customer may not remove copyright notices, trademarks and other legal reservations in the retrieved content. Copyright infringements will be prosecuted in all cases.
§ 14 Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
II Customer information
1. identity of the seller
Wioletta Kruczkiewicz
Aussie Falko
c/o Postflex #3634 Emsdettener Str. 10
48268 Greven
Germany
Telephone: On request
E-Mail: info@aussie-falko.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7 Unless otherwise agreed, payment for course bookings must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participation.
6. Terms of delivery, provision
6.1 The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. contract term / termination
Information on the term of the contract and the terms of termination can be found in the "Contract term / termination for subscription contracts" provision in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.11.2023
