Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions shall apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or self-employed professional activity. An entrepreneur 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 trade, business or self-employed professional activity. With regard to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with FERAGEN GmbH. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted. We accept your offer within two days by

  • sending a declaration of acceptance in a separate e-mail, or
  • where applicable, the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the respective payment method selected (see under “Payment”).

The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, storage of contract text

The language(s) available for the conclusion of the contract: German, English. We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Requirements and handling of customer content

4.1 Requirements

Insofar as it is necessary for the fulfilment of the order that you transmit content to us (e.g. texts, data, files), the technical possibilities available for this purpose and any applicable requirements shall be governed by the respective product description. You are solely responsible for the content you transmit, including its legality and accuracy. We do not carry out any editorial or content review prior to executing the order.

4.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademark rights or other intellectual property rights) and must not contain or serve violent, discriminatory, racist, xenophobic or other immoral or unconstitutional content or purposes.

4.3 Indemnification

You shall indemnify us against all claims asserted by third parties against us in connection with an infringement of their rights through our contractual use. You shall also bear the necessary costs of legal defence, including all court and lawyer’s fees in the statutory amount. This indemnification shall not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us without delay, truthfully and completely, with all information necessary for the examination of the claims and for a defence.

4.4 Right to withdraw from contract

We reserve the right to reject the order or withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is a justified suspicion in this regard. This applies in particular in the case of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

5. Delivery conditions

5.1 Delivery options

We ship the products to the delivery address specified during the ordering process. In principle, you also have the option of collecting your order from FERAGEN GmbH, Strubergasse 26, 5020 Salzburg, Austria during the following business hours: 08:00 - 17:00

6. Payment

6.1 Due date and default in payment

The price is due upon conclusion of the contract unless a later date results from the following payment terms. For consumers: In the event of default in payment, we reserve the right to charge you a fee of EUR 1.50 per reminder with the second and each subsequent reminder. You remain entitled to prove that a lower damage has been incurred. Further claims remain unaffected. For entrepreneurs: In the event of default in payment, we reserve the right to charge you the statutory default interest at a rate of nine percentage points above the base interest rate as well as a lump sum of EUR 40. Further claims remain unaffected.

6.2 Payment methods

In our shop, the following payment methods are generally available to you. Advance payment If you select advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment. Cash payment upon collection You pay the invoice amount in cash upon collection. Credit card During the ordering process, you enter your credit card details. Your card will be charged immediately after the order is submitted. SEPA direct debit By submitting the order, you grant us a SEPA direct debit mandate. We will inform you of the date of account debit at least one banking business day in advance (so-called prenotification). A banking business day is any working day except Saturdays, public holidays observed nationwide, and 24 and 31 December of each year. The account will be debited after the goods have been shipped. Apple Pay In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is submitted. Further information will be provided during the ordering process. Google Pay In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is submitted. Further information will be provided during the ordering process. Klarna In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information will be provided with the respective payment option and during the ordering process.

Sofort / instant bank transfer via Klarna In order to pay the invoice amount via Sofort/instant bank transfer through Klarna, you must have a Klarna account and a bank account enabled for online banking, authenticate yourself accordingly and confirm the payment instruction. No credit check is carried out by Klarna for payments via instant bank transfer. Your account will be debited immediately after the order is submitted. Further information will be provided during the ordering process.

PayPal, PayPal Express In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is submitted. Further information will be provided during the ordering process. PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the availability of these methods; any further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account. PayPal In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information will be provided with the respective payment option and during the ordering process.

PayPal, PayPal Express In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is submitted.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the availability of these methods; any further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Credit card via PayPal Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal Payment by direct debit via PayPal is subject to an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of account debit (so-called prenotification). The account will be debited before the goods are dispatched.

Purchase on account via PayPal Purchase on account via PayPal is subject to an address and credit check and is made directly to PayPal.

7. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted any voluntary right of withdrawal.

8. Retention of title

The product remains our property until full payment has been made. For entrepreneurs, the following additionally applies: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale — irrespective of any combination or mixing of the reserved goods with a new item — in the amount of the invoice total, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer. For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

10. Data backup & data use

10.1 Data backup

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by carrying out regular and complete data backups. The above limitation shall not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is indispensable for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • where the scope of application of the Product Liability Act is opened.

10.2 Use of data and samples for research and development purposes

The customer grants FERAGEN the right to use the transmitted samples and data in anonymised form for research, development and further development purposes. This use is carried out exclusively in compliance with the applicable data protection laws, in particular the GDPR. The anonymisation ensures that no conclusions can be drawn about the identity of the customer or the animal.

11. Warranty and guarantees

11.1 Statutory warranty rights

Unless expressly agreed otherwise below, the statutory warranty law shall apply. The limitations and shortening of periods set out below shall not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is indispensable for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • where the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs With regard to entrepreneurs, only our own statements and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed agreed as the characteristics of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The previous sentence shall not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness. The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected. Notice to merchants Among merchants, the duty to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) shall apply. If you fail to provide the notice regulated therein, the goods shall be deemed approved unless the defect was not detectable during the inspection. This shall not apply if we have fraudulently concealed a defect.

11.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop. Customer service: You can reach our customer service for questions, complaints and objections Monday to Friday from 10:00 to 12:00 and 14:00 to 16:00 on +49 8654 / 68 24 430 or +43 662 / 43 93 83, as well as by e-mail at support@feragen.at

12. Liability

We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • where the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is indispensable for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

13. Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office. Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.