GTC

General terms and conditions Terms of contract within the scope of purchase contracts concluded via the platform https://drapa.com/shop

between

Racing pigeons and pet food – Andreas Drapa Luisenstraße 10 75203 Königsbach-Stein, Germany Phone: +49 7232/316777 VAT identification number: DE 164078761  

– hereinafter “Provider” –

and

the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers” – are concluded.

§ 1 Scope of application For the business relationship between the supplier and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.

§ 1 Scope of application For the business relationship between the supplier and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.

(2) The Provider shall then send the Customer an automatic acknowledgement of receipt with the subject “Confirmation of your order with Drapa Shop” by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. In this context, the Customer’s order (1) constitutes the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.

(3) The contract shall be concluded in the languages: German, English.

§ 3 Delivery, availability of goods, payment modalities (1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply to feed supplements: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Republic of Ireland, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. There are no delivery restrictions for the purchase of pigeons, the pigeons are displayed without shipping costs and are calculated individually depending on the country and quantity of ordered pigeons after the purchase. As an orientation, the customer can see the approximate expected costs and delivery times under shipping info. A pickup at our location is possible.

(4) The customer can make the payment by bank transfer, PayPal, PayPal Express Checkout, Credit Card (Stripe), SOFORT.

(5) Payment of the purchase price shall be due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer shall already be in default by missing the deadline.

§ 4 Retention Until full payment of the purchase price, the delivered goods remain the property of the supplier.

§ 5 Prices and shipping costs (1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs for the purchase of products are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal. Pigeons are displayed without shipping costs and are calculated individually depending on the country and quantity of the ordered pigeons after purchase. As an orientation, the customer can see the approximate expected costs and delivery times under shipping info. A pickup at our location is possible.

(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Warranty for material defects (1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

§ 7 Liability (1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 Notes on data processing (1) The Provider collects data from the Customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the Customer’s consent, the Provider shall not use the Customer’s data for the purposes of advertising, market or opinion research.

§ 9 Final provisions (1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid. Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.