General Terms and Conditions
(GTC) Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 12, 6023 Larnaca – Cyprus for consumers (§ 13 BGB)
§ 1 Scope
1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between us:
Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 6023 Larnaca – Cyprus, and you as our customer regarding our programs and services. The GTC apply only if you are a consumer.
(3) The version of the GTC valid at the time of the conclusion of the contract is authoritative.
(4) We do not accept any deviating terms of the customer. This also applies if we do not expressly object to their inclusion.
Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 6023 Larnaca – Cyprus, and you as our customer regarding our programs and services. The GTC apply only if you are a consumer.
(3) The version of the GTC valid at the time of the conclusion of the contract is authoritative.
(4) We do not accept any deviating terms of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Subject of the Contract
(1) We offer our customers participation in online and web-based courses and consultations in the field of animal/dog health. The consulting services are provided, depending on your booking, in a standardized (e.g., video course, group calls) or individualized manner. The respective service description is directly derived from our offers.
(2) We do not owe our customers the achievement of a specific success, particularly not the occurrence of a specific health condition of the customer's animal or the occurrence of a cure.
(3) There is no entitlement to personal consultations/meetings with Dr. Franz Spitzer. However, Dr. Spitzer endeavors to respond to customer inquiries and wishes whenever possible.
(4) Beyond the provision of the services booked by the customer, we do not owe any specific success. The booking of our programs and services is usually done using remote communication means, but is not limited to this.
(5) Regarding the content of a coaching, service, and/or consulting contract entered into with us, we have the right to determine performance in accordance with § 315 BGB.
(6) The customer is obliged to ensure the technical requirements for using our services. The specific requirements will be communicated to the customer separately.
(2) We do not owe our customers the achievement of a specific success, particularly not the occurrence of a specific health condition of the customer's animal or the occurrence of a cure.
(3) There is no entitlement to personal consultations/meetings with Dr. Franz Spitzer. However, Dr. Spitzer endeavors to respond to customer inquiries and wishes whenever possible.
(4) Beyond the provision of the services booked by the customer, we do not owe any specific success. The booking of our programs and services is usually done using remote communication means, but is not limited to this.
(5) Regarding the content of a coaching, service, and/or consulting contract entered into with us, we have the right to determine performance in accordance with § 315 BGB.
(6) The customer is obliged to ensure the technical requirements for using our services. The specific requirements will be communicated to the customer separately.
§ 3 Conclusion of Contract, Termination
(1) The presentation and promotion of our services on our websites, brochures, or within advertisements (e.g., on Facebook) do not constitute a binding offer to conclude a contract with us.
(2) The contract between us and the customer can be concluded orally (video chat, telephone, etc.), in writing, or in text form. If the contract is concluded orally, the customer has no claim to receive the contract contents in written form, unless otherwise agreed. If the contract is concluded orally, you can correct your information at any time by simply notifying your interlocutor.
(3) Oral contracts between us and the customer are concluded through mutual declarations of intent.
(4) We will confirm the receipt of your orders and requests made via email, our websites/video chat without delay by email. Such an email does not constitute a binding acceptance of the order unless it declares acceptance along with the confirmation of receipt. In the case of a video chat, our declaration of acceptance may already be made directly during the conversation with you.
(5) If the performance of the services you ordered is not possible, for example, due to technical reasons, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come into existence. We will inform you of this without delay and refund any payments received immediately.
(6) The contract language is German.
(7) The offer/contract text will not be stored by us after the conclusion of the contract and is therefore not accessible to the customer. Exceptions apply to contracts concluded orally via video chat, provided we store the recording. We will inform you of this separately if applicable.
(8) Early termination (even before the start of the contract) is excluded. This does not apply to termination for good cause.
(2) The contract between us and the customer can be concluded orally (video chat, telephone, etc.), in writing, or in text form. If the contract is concluded orally, the customer has no claim to receive the contract contents in written form, unless otherwise agreed. If the contract is concluded orally, you can correct your information at any time by simply notifying your interlocutor.
(3) Oral contracts between us and the customer are concluded through mutual declarations of intent.
(4) We will confirm the receipt of your orders and requests made via email, our websites/video chat without delay by email. Such an email does not constitute a binding acceptance of the order unless it declares acceptance along with the confirmation of receipt. In the case of a video chat, our declaration of acceptance may already be made directly during the conversation with you.
(5) If the performance of the services you ordered is not possible, for example, due to technical reasons, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come into existence. We will inform you of this without delay and refund any payments received immediately.
(6) The contract language is German.
(7) The offer/contract text will not be stored by us after the conclusion of the contract and is therefore not accessible to the customer. Exceptions apply to contracts concluded orally via video chat, provided we store the recording. We will inform you of this separately if applicable.
(8) Early termination (even before the start of the contract) is excluded. This does not apply to termination for good cause.
§ 4 Delivery/Service Conditions
(1) We are entitled to partial performance of our services, provided this is reasonable for you or corresponds to the purpose of the contract.
(2) The duration of the coaching or consulting services will be agreed upon individually with the customer.
(2) The duration of the coaching or consulting services will be agreed upon individually with the customer.
§ 5 Prices, Payment Conditions, SEPA Direct Debit, Invoice
(1) All price indications communicated to you are gross prices including the statutory VAT, if applicable. Shipping costs do not apply.
(2) The provider is entitled to engage a third party company based within the EU (e.g., Copecart, Digistore24) to handle the payment with the customer.
(3) The remuneration for our services is generally due in full upon the conclusion of the contract, unless otherwise agreed individually with the customer.
(4) You can pay the due amount by transferring it to one of our specified accounts or by granting us a (SEPA) direct debit authorization. In the case of a granted (SEPA) direct debit authorization, we will initiate the debit from your account when due.
(5) When selecting the SEPA direct debit payment method, you are obliged to provide us with a written and signed SEPA direct debit mandate immediately after placing the order. The sample provided in the attachment is to be used for this purpose.
(6) The customer will receive an invoice for the booked services.
(2) The provider is entitled to engage a third party company based within the EU (e.g., Copecart, Digistore24) to handle the payment with the customer.
(3) The remuneration for our services is generally due in full upon the conclusion of the contract, unless otherwise agreed individually with the customer.
(4) You can pay the due amount by transferring it to one of our specified accounts or by granting us a (SEPA) direct debit authorization. In the case of a granted (SEPA) direct debit authorization, we will initiate the debit from your account when due.
(5) When selecting the SEPA direct debit payment method, you are obliged to provide us with a written and signed SEPA direct debit mandate immediately after placing the order. The sample provided in the attachment is to be used for this purpose.
(6) The customer will receive an invoice for the booked services.
§ 6 Usage Rights
(1) Until the full payment of our remuneration, you have no usage right to our course materials (videos, eBooks, PDFs, etc.) unless otherwise agreed. Reproduction and/or distribution to third parties is only permitted with prior express approval. After full payment, you are granted a simple and non-transferable usage right to the materials provided by us.
(2) We hold the copyright to all images, films, and texts published on our websites. Use of the images, films, and texts is not permitted without our express consent and will be prosecuted by us in civil and criminal courts in case of violation.
(2) We hold the copyright to all images, films, and texts published on our websites. Use of the images, films, and texts is not permitted without our express consent and will be prosecuted by us in civil and criminal courts in case of violation.
§ 7 Warranty
(1) We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions, especially §§ 434 ff. BGB – as far as applicable. The limitation period for statutory defect claims is two years and begins with the delivery of the goods.
(2) Any seller warranties provided by us for certain items or manufacturer warranties granted by the manufacturers of certain items are in addition to the claims for material or legal defects according to para. 1. Details of the scope of such warranties can be found in the warranty conditions, which may accompany the items.
(2) Any seller warranties provided by us for certain items or manufacturer warranties granted by the manufacturers of certain items are in addition to the claims for material or legal defects according to para. 1. Details of the scope of such warranties can be found in the warranty conditions, which may accompany the items.
§ 8 Conduct and Consideration
(1) The customer is obliged to consider our interests when providing reviews and comments within social media. In particular, the customer must not publish or spread false factual claims or defamatory criticisms about us and our programs.
(2) Reviews within social media (e.g., Trustpilot) by non-customers are always illegal and will be prosecuted by us in civil and criminal courts.
(3) If the customer participates in our communities and groups (e.g., on Facebook), they are obliged to uphold our interests there as well. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups if the customer (e.g., through damaging statements) violates or harms our interests within the group/community.
(2) Reviews within social media (e.g., Trustpilot) by non-customers are always illegal and will be prosecuted by us in civil and criminal courts.
(3) If the customer participates in our communities and groups (e.g., on Facebook), they are obliged to uphold our interests there as well. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups if the customer (e.g., through damaging statements) violates or harms our interests within the group/community.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenditures.
(2) In other cases, we are liable – unless otherwise stipulated in para. 3 – only for the breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you as the customer regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.
(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(2) In other cases, we are liable – unless otherwise stipulated in para. 3 – only for the breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you as the customer regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.
(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Right of Withdrawal
Consumers within the meaning of § 13 BGB are entitled to a right of withdrawal in distance contracts, about which we inform separately on our website.
§ 11 Applicable Law, Dispute Resolution
1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and at the time of your order your habitual residence is in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law in sentence 1.
(2) Dispute Resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link:
http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
GTC as of 17.08.2020 © – Reproduction prohibited
Attachment
-
SEPA
Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 12, 6023 Larnaca – Cyprus (creditor reference ID:………………) and their agents
are authorized to collect recurring, due payments from my account
IBAN: ………………………………………………………..(please fill in)
by means of SEPA direct debit. I also instruct my credit institution to honor the direct debits drawn on my account by Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 12, 6023 Larnaca – Cyprus and their agents. I can request a refund of the debited amount within eight weeks, starting from the debit date. The terms agreed with my credit institution for payments by direct debit under the SEPA Core Direct Debit Scheme apply.
First and last name of the account holder
Street and house number of the account holder
Postal code and city
Bank (name and BIC)
IBAN:
Place, date
Signature of the account holder
(2) Dispute Resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link:
http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
GTC as of 17.08.2020 © – Reproduction prohibited
Attachment
-
SEPA
Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 12, 6023 Larnaca – Cyprus (creditor reference ID:………………) and their agents
are authorized to collect recurring, due payments from my account
IBAN: ………………………………………………………..(please fill in)
by means of SEPA direct debit. I also instruct my credit institution to honor the direct debits drawn on my account by Futterpro Ltd., Viktoros Ougko 12, Nicolaides Complex Block B, 12, 6023 Larnaca – Cyprus and their agents. I can request a refund of the debited amount within eight weeks, starting from the debit date. The terms agreed with my credit institution for payments by direct debit under the SEPA Core Direct Debit Scheme apply.
First and last name of the account holder
Street and house number of the account holder
Postal code and city
Bank (name and BIC)
IBAN:
Place, date
Signature of the account holder