Our general terms and conditions
§ 1 General
(1) You accept these General Terms and Conditions as binding for the present contract. Any deviating agreement requires our express confirmation.
(2) You agree to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, SMS, WhatsApp, etc., and you also agree that electronic communication ensures that the form for all consents and notifications is complied with, unless mandatory statutory provisions prescribe a different form.
(3) Furthermore, you waive the right to assert your own terms and conditions of purchase. These shall also not become part of the contract through our silence or through our delivery.
(4) With your order, you declare that you have read and understood the following information: If your pet needs to take medication or is undergoing veterinary treatment, you should consult your veterinarian before using any dietary supplements. In particular, clarify the question of whether your pet could have an allergic reaction to the specified ingredients or whether ingredients would affect other therapeutic successes. Do not discontinue medication on your own without first consulting your vet. Food supplements are not intended to treat illnesses and are not a substitute for a varied and species-appropriate diet. Under certain circumstances, food supplements can reduce the risk of contracting certain diseases, but they cannot completely rule them out. Published information from our customers is based solely on their experience and does not represent any guarantee of success for the customer.
§ 2 Conclusion of contract
(1) The presentations on our Internet pages are offers to conclude a purchase contract for our articles, which you accept at the end of the order process by clicking on the button “Order with obligation to pay”, with the result that a binding purchase contract is concluded for the articles selected by you.
(2) If the order confirmation sent by us by e-mail has been lost, you can also request your order details from us at any time.
(3) Your contractual partner is GladiatorPlus AG, represented by its CEO Manuel Kirsch, Edelzeller Straße 86, 36043 Fulda, phone: 0049 (0)661 - 4804410, e-mail: info@gladiatorplus.com
§ 3 Revocation
According to § 312g para. 1 BGB, you have a statutory right of withdrawal if you are a consumer, as the purchase of goods on the Internet is a so-called distance contract.
Cancellation policy:
You can return the goods received without giving reasons within two weeks by returning the goods. The period begins at the earliest upon receipt of the goods and these instructions. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can you also declare the return by requesting the return in text form, e.g. by letter, fax or e-mail. The timely dispatch of the goods or the return request is sufficient to meet the deadline. You shall bear the direct costs of returning the goods. The return shipment or the return request must be sent to:
GladiatorPLUS AG
Edelzeller Street 86
D - 36043 Fulda
In the event of an effective return, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) surrendered. If the goods have deteriorated, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value.
End of the withdrawal policy
§ 4 Packaging and shipping
(1) Shipping is carried out by us. Goods from any complaints as well as returns from the right of withdrawal listed under § 3 will also be accepted here exclusively.
(2) Unless otherwise agreed, delivery shall be made to the address specified by you. We will ship the goods after receipt of full payment - under normal circumstances, the order will arrive within 4 working days (Monday to Saturday, excluding public holidays) after you have placed the order, if the delivery is made to a German address. For deliveries abroad, longer delivery times must be planned accordingly.
(3) Packaging is carried out in accordance with professional and commercial standards.
(4) You shall bear the costs for packaging and shipping in addition to the costs of the ordered goods. These costs are expressly shown in the order overview before the order is placed. In the case of partial deliveries, the packaging and shipping costs will only be charged once. We shall determine the route and means of transportation, unless a special mode of shipment has been expressly agreed.
(5) If it is not possible to deliver the goods ordered by you to you or a person ready to receive them at the address specified by you, the carrier will return the goods to us after another attempt. Further costs will be incurred for this. You will only have to bear these costs and the costs of resending the goods, which will be charged at a flat rate of € 9.50, if the failed delivery is due to reasons for which you are responsible, e.g. because you provided an incorrect address, the goods could not be delivered repeatedly due to your absence or the absence of a person ready to receive them, etc..
(6) Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied as soon as the shipment reaches the specified destination. Import duties and taxes as well as any additional fees for customs clearance are payable by you in addition to the costs for packaging and shipping charged by us and should be requested by you from the local customs authority.
§ 5 Payment
(1) Our prices are quoted in euros (€) including statutory VAT.
(2) Payment is possible by prepayment, PayPalPLUS (PayPal, credit card, direct debit), direct debit and UPAY / BZA SEPA direct debit, Ratepay (purchase on account, installment payment, direct debit). None of the possible payment methods will incur any additional costs for you on our part.
(3) In order to use PayPalPLUS as a payment method, you must first register with PayPal if you are not yet a PayPal customer. Registration is free of charge. PayPal offers you buyer protection and refunds the full purchase price and shipping costs if the goods have not been sent or do not correspond to the description. You can find more information here: https://www.paypal.com/us/home
(4) If you have selected a Ratepay payment method, payments with debt-discharging effect can only be made to Ratepay. Further details can be found in the Ratepay payment conditions as well as in the Ratepay data protection regulations(8) With the exception of cash on delivery and on account, the goods will only be dispatched once we have received payment.
§ 6 Liability for defects
(1) You are entitled to the statutory claims from the German Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, you can first demand subsequent performance = the delivery of a defect-free purchased item. You return the defective purchased item to us at our expense. If the subsequent performance fails, you may choose to reduce the purchase price in accordance with the defect or withdraw from the contract entirely.
(2) If the delivered goods have obvious material defects, you must notify us of these defects within fourteen days of receipt of the goods at the latest, stating the defects and referring to the order number. The relevant date for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notification of defects. A defect is always deemed to be obvious if it is noticeable without special attention. Late notification of such obvious defects shall result in the loss of warranty rights with regard to such defects. For non-obvious defects, however, the statutory limitation periods apply.
We expressly point out that, due to your individual monitor settings, there may be deviations in the color reproduction of the products in the store in relation to the goods subsequently delivered to you. This does not constitute a defect that triggers warranty rights.
(3) We are liable for intent, gross negligence and for the guarantees/warranties expressly granted by us. We shall only be liable for simple negligence in the event of a breach of a material obligation, whereby the amount of compensation claims shall be limited to the foreseeable, direct damage. We shall not be liable for consequential damages, indirect damages (including loss of profit) and unforeseeable damages. The aforementioned limitations of liability expressly do not apply to injury to life, limb and physical integrity.
(4) If you are a merchant within the meaning of the German Commercial Code (HGB), the special obligation to give notice of defects in commercial transactions according to §§ 377, 378 HGB remains unaffected.
§ 7 Retention and offsetting
(1) You may only assert a right of retention against us with regard to the purchase price if it is based on the same contractual relationship, i.e. from the same order. You are only entitled to offset your own claims against us if we have recognized the counterclaim or if it has been legally established.
(2) If you are a merchant within the meaning of the German Commercial Code (HGB), your rights of retention are excluded.
§ 8 Effectiveness
The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The parties are obliged to replace the invalid provision retroactively with a valid provision that comes closest to the economic purpose of the invalid provision.
§ 9 Miscellaneous
(1) All agreements with us are subject to German law. However, this shall not apply if a consumer domiciled abroad places an order with us and the above choice of law would deprive him of the protection granted to him by the provisions of the country in which he is domiciled. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
(2) Our registered office is the place of performance for all rights and obligations arising from the business relationship.
(3) If you are a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract.
(4) You can access the European Commission's online dispute resolution platform at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.