General Terms and Conditions

§ 1 Scope of application, definitions

(1) The futalis GmbH (hereinafter referred to as “futalis”) with its registered seat in Leipzig provides its services to the customer exclusively subject to the following General Terms and Conditions (GTC), which the customer (hereinafter referred to as “customer”) shall accept by concluding the contract or accepting the services.

(2) When concluding a contract, the customer shall have the possibility to save or print these GTC, respectively.

(3) Divergent GTC of the customer shall not be applicable, even in the event that futalis should not expressly object to them. The GTC shall apply during the entire duration of the contract relationship.

§ 2 Conclusion of a contract

(1) The product presentations on the website of futalis shall constitute a non-binding request towards the customer to submit an offer.

(2) The customer may submit their offer regarding the conclusion of a contract through the online order system of futalis. An order shall only be possible in the event that the customer confirms their knowledge of and their consent to the General Terms and Conditions. When purchasing by use of the online order form, the customer shall submit a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by pressing the button “Kaufen” [buy].

(3) Before the binding submission of the order, all information entered may be amended at all times by using the usual keyboard and mouse functions. Furthermore, all information entered shall be displayed once more before the binding submission of the order in a confirmation screen window and may be amended also there by using the usual keyboard and mouse functions.

(4) Promptly after the receipt of the order, futalis shall send an order confirmation to the e mail address indicated by the client, which includes the GTC and confirms the receipt of the order. The order confirmation shall not constitute a legally binding acceptance of the order by futalis.

(5) In the case of the following payment methods “credit card”, “Invoice”, and “Paypal”, the contract shall only be concluded in the event that futalis should accept the order by sending another e mail (confirmation of the contract) or through the delivery of the goods within five days. In case of the payment method “advance payment”, the contract shall already be concluded through receipt of the order confirmation.

(6) The customer shall guarantee that the information submitted in the scope of the offer to enter into a contract or the conclusion of the contract about their person or other circumstances which are relevant to the contract (especially the e-mail address indicated by the customer for processing the purchase) are complete and correct. The customer undertakes to always promptly inform futalis about any changes of the information; the customer shall confirm the information when required by futalis to do so. In the event of an infringement of these provisions, futalis shall be entitled to immediately stop the processing of the contractual services.

§ 3 Delivery, availability of goods

(1) In the event that the product ordered by the customer should not be available because futalis is not being supplied by its supplier without any fault on futalis’ part, futalis shall be allowed to rescind from the contract. In this case, futalis shall immediately inform the customer about this and shall – where appropriate – suggest the delivery of a comparable product. In case that no comparable products should be available or the customer should not wish the delivery of a comparable product, futalis shall immediately refund any possible payments made by the customer.

(2) Orders shall be processed without delay (in case of the payment method “advance payment”: not until receipt of payment), the term of delivery shall be 4 to 6 days.

(3) futalis shall try to ship the goods in one delivery. In the event that this should not be possible for compelling technical reasons, futalis shall be entitled to make partial deliveries if this is reasonable for the client. Of course, no additional shipping charges shall be charged in such a case.

(4) In the event that the customer should be a consumer, the risk of accidental destruction and the accidental deterioration of the sold item during the shipment shall not pass to the customer until the handing over of the goods to the customer. In the case that the customer should not be a consumer, but an entrepreneur, the delivery and shipment shall be performed at the customer’s risk.

§ 4 Reservation of ownership

futalis reserves the ownership of the delivered goods until the complete payment of the purchase price for these goods. During the existence of the reservation of ownership, the customer shall not be entitled to sell the goods or otherwise dispose of the ownership of them.

§ 5 Prices and shipping charges

(1) All prices which are indicated on futalis’ website shall be understood as including the respective statutory VAT, unless the order was processed through the exclusive portal for commercial purchasers.

(2) Deliveries of animal food to customers in Germany shall be made free of shipping costs.

(3) In case you should be a consumer, the risk of accidental destruction and the accidental deterioration of the sold item during the shipment shall only pass to you with the handing over of the goods to you, regardless of whether the shipment is insured or not. In case you should not be a consumer, the delivery and shipment shall be made at your risk.

§ 6 Terms of payment

(1) The customer shall be allowed to make the payment via advance payment, direct debiting system, credit card, Invoice, or Paypal. The customer shall reimburse all costs which arise because a direct debit transaction could not be performed and in the event that the customer should be responsible for that. It shall be left to the customer to furnish proof of the fact that these costs have not arisen or they have not arisen at the asserted amount.

(2) In the event the payment method “advance payment” has been chosen, futalis shall submit its bank connection details to the client with the confirmation of the contract. The goods shall be delivered after receipt of the payment.

(3) The payment of the purchase price shall be due immediately with the conclusion of the contract. In case that the due date is determined in accordance with the calendar, the customer shall be in default already when the fixed date has passed. In that case, the customer shall pay to futalis the statutory default interest.

(4) The customer’s obligation to pay the default interest shall not exclude futalis’ assertion of further claims for damages caused by default.

(5) The customer shall only be entitled to offset against counter claims which are determined in a legally binding way, uncontested, or accepted by futalis. The customer shall only be entitled to assert a right of retention due to counter claims which arise from the same contractual relationship.

§ 7 Warranty of quality, guarantee

(1) futalis shall be liable for defects of quality subject to the statutory provisions applicable hereto, in particular in accordance with the sections 434 et seq. of the German Civil Code. Regarding items delivered by futalis, futalis shall have a warranty obligation towards entrepreneurs during a period of 12 months.

(2) Regarding items delivered by futalis, there shall only be a guarantee in the event that this guarantee has been expressly given in the confirmation of the contract concerning the respective item.

§ 8 Liability

(1) futalis and its commissioned service providers and other staff as well as its subcontractors and vicarious agents shall be liable for damages – for whatever legal reason – only in the event that futalis has caused these damages with intention or gross negligence or in the event that futalis has negligently contravened a substantive contractual obligation (“cardinal duty”). In the event of a contravention of substantive contractual obligations, futalis shall always only be liable for the typical damage in the context of such a contract that is foreseeable at the time of the conclusion of the contract.

(2) A liability for damages which have not been caused by the contravention of substantive contractual obligations as a result of ordinary negligence shall be excluded.

(3) The aforementioned exclusion of liability or the limitation of liability, respectively, shall not apply to damages to life, body, or health as well as to claims arising from a guarantee of quality or due to material damages in accordance with the German Product Liability Act [Produkthaftungsgesetz].

(4) The customer shall promptly report in writing any possible damages which futalis shall be liable for.

§ 9 Cancellation policy & Revocation right

You shall be entitled to revoke your declaration of intention to conclude a contract within 14 days without stating any reasons and in writing (e.g. via letter, Fax, E-Mail) or – in the event that the item is left to you before the expiration of this period – also by returning the item. The period of time shall start after receipt of this policy, but not before the receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before the receipt of the first partial delivery), and also not before we comply with our duties to supply information according to article 246, section 2 in connection with section 1, subsection 1 and 2 of the Introductory Act to the German Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB] as well as our duties according to section 312g, subsection 1, sentence 1 of the German Civil Code in connection with article 246, section 3 of the Introductory Act to the German Civil Code. Timely dispatching the revocation declaration or the item shall be sufficient to comply with the revocation period. Please send a possible revocation declaration to:

futalis GmbH
Zschochersche Str. 79e
04229 Leipzig, Germany


Consequences of the revocation

In the case of an effective revocation, both parties shall return the benefits they have received from the other party and any possible derived benefits (e.g. interest). In the event that you should not or partially not be able to return to us the received benefits as well as derived benefits (e.g. benefits from use), or you should only be able to return them in a deteriorated condition, in this respect you shall pay us a respective compensation. You shall only be entitled to pay a compensation for the deterioration of the item and derived benefits as far as the benefits or the deterioration result from a use of the item which exceeds examining its features and its functionality. “Examining its features and its functionality” shall mean testing and trying to use the respective goods, which is possible and usual for example in shops.

Items which may be shipped as a parcel shall be returned at our risk. In the event that the delivered goods do not comply with the ordered ones, or the price of the goods to return should not exceed an amount of 40 EUR, or the price of the item should be higher and at the time of revocation you still have not given the consideration or have not made a contractually agreed partial payment, you shall bear the usual costs of the return. Otherwise, the return shall be free of charge for you. Items which may not be shipped as a parcel shall be collected at your premises. Any obligations to refund payments shall be met within 30 days. The respective period shall start for you when you dispatch your revocation declaration or the item, and for us when we receive it.

Special note
Exclusion of the revocation right

You shall have no revocation right in case of contracts for the delivery of goods which are manufactured in accordance with specifications of the customer, or which are obviously customised to the personal needs, or which due to their condition should not be suitable for returning them, or which may perish quickly, or the expiration date of which would be exceeded, for the delivery of audio and video recordings or of software, as far as the delivered data carriers have been unsealed by you, and for the delivery of newspapers, journals, and magazines (unless you have submitted your declaration of intention to conclude a contract for the delivery of newspapers, journals, and magazines via telephone). End of the cancellation policy

§ 10 Information on data processing

Data protection is very important to futalis. For that reason, futalis refers to the data protection declaration which is provided on its website.

§ 11 Final provisions

(1) The place of jurisdiction for all disputes arising in connection with this contract shall be the registered seat of futalis, provided that the customer is an entrepreneur, a legal person under public law, or a special fund under public law.

(2) In the event that individual provisions of these GTC should be invalid or not applicable in individual cases, e.g. because the other contractual party is not an entrepreneur, the validity of all other provisions shall remain unaffected.

(3) The law of the Federal Republic of Germany shall be applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The German version of this contract shall be the legally binding one.