Conditions of protection- and delivery contract / Conditions
On the basis of these general terms and conditions (Conditions) a contract is established between the adopter and
Farbratten-Zucht Karni Mata
Represented by Kathrin Guttmann
Address: Main road 46, 25548 Kellinghusen
, referred to as breeder, ..
The breeder is a private individual. There is no commercial business involved..
Through this agreement, the reservation of live animals (Fancy rats) is regulated via the website of the breeder or. in writing. Regarding the details of the respective offer, reference is made to the description of the individual animals..
Conclusion of Contract
This contract of purchase is established with Farbratten-Zucht Karni Mata.
The contract is concluded in electronic business transactions via the shop system or via other means of remote communication such as telephone, , email or in writing..
By placing the rats in the online shop, we are making a binding offer to conclude a contract for these rats. . You can put our rats in the shopping cart without obligation and correct your entries at any time before sending your binding order, by using the correction aids provided and explained in the order process. The contract is concluded, by clicking on the order button to accept the offer for the rats contained in the shopping cart. Immediately after sending the order you will receive a confirmation e-mail.
The contract is concluded for an indefinite period.
The breeder reserves the right, not to hand over the promised animals if the animals are not available. Furthermore, the breeder reserves the right, to cancel the contract until the animals are handed over and to retain the animals. In this case, all payments made by the transferee to purchase the animal in question will of course be reimbursed..
All prices are final. All prices include. a reservation fee of 50%. The reservation fee is non-refundable if the reservation is canceled by the adopter. Additional charges for animal shipping may apply, that are displayed before the order is sent. If there is a right of cancellation and if this is used, the recipient will bear the costs of the return..
Terms of Payment
In our shop we offer following payment methods:
- Payment in advance
For the advance payment, we will provide our bank details in a separate e-mail and deliver the goods after payment.
- Cash on pickup
You pay the invoice amount in cash when you pick up the animals.
Other payment methods are not available and will be rejected.
All prices include. a reservation fee of 50%.
The reservation fee must be paid in advance to the account specified there after receipt of the invoice, which contains all the details for the transfer and is sent by email, ..
The adopter is obligated to pay the invoice during 10 days after receiving it 50% of the stated amount has to be paid to the stated account as a reservation fee. If the adopter does not make the payment, the contract concluded is no longer valid and a reservation can then no longer be maintained..
The full invoice amount is due less the reservation fee paid when the animals are handed over to the transferee. Otherwise, the breeder may refuse to release the animals. The contract concluded is therefore no longer valid. Advance reservation fees are not refundable.
If the animal is dispatched by an animal carrier, the full invoice amount minus the reservation fee paid must be paid before the animal is dispatched. Shipping will only take place after full payment has been received. If the adopter does not pay the full amount until 10 days after request, the closed contract is deemed invalid. Paid. reservation fees are not refundable.
Terms of Delivery
The time until delivery depends on the age and development of the animals. In general the animals are picked up by the adopter at the rattery or. they delivered by the breeder. A shipping though an animal carrier can be arranged at the cost of the adopter. The adopter will be informed regarding any delays. In case of a lasting deliver problem, the adopter has the right, to withdraw from the contract with the breeder. The adopter will be informed immediately in that case, Payements, will be reimbursed.
Transferal of risk of ownership, expenses- and transfer of ownership
The risk of a coincidental deterioration or death of the rat as well as the expenses and costs will be transferred to the adopter with the closing of this contraact. The contract will take effect immediately.
The parties agree, that the ownership of the rat is transferred to the adopter with the complete payment of the adoption fee. The breeder declares, that no third party has an entitlements to the rat at the time of complete payment.
Liability for defects and warranty
The breeders passes the animal to the adopter as a private person. The rat is sold as inspected. The breeder is not liable for any defect of the transferred animals. The breeder assumes no liability for existing or developing character traits or any possible future diseases that may arrise. All information on the description of the animal is without guarantee. We do not assume liability for the correctness of color descriptions. We do not assume any liability for the existence of a certain genotype.
Compensation claims by the adopter are excluded, unless they derive from the following reasons. This also applies to the representatives and agents of the adopter, in case the adopter has any claims for compensation. Excluded are claims for compensation by the adopter regarding any violation of life, of the body, health or essential contractual obligations, which must necessarily be met to achieve the contract's objectives. Likewise, this does not apply to claims for damages by gross negligence or willful misconduct of the breeder or her legal representative or agent.
The breeder is a private person. There is no commercial business involved.. The present contract is a contract for private purposes (§ 13 BGB), because the transaction is not completed for commercial or professional purposes. this means, that there is no right of withdrawal for the adopter.
Duties of the adopter and the breeder
The adopter commits to keeping, to keep and handle the animals according to the conditions of Animal Protection Act ..
Exemption from Breeding
Without written consent of the breeder no breeding or reproduciton of the aquired rats is allowed.
Non-Assignment-Clause- and Stop Notice
Claims or rights of the adopter towards the breeder cannot be transferred or impawned without the agreement of the breeder, unless the sdopter has a legitimate interest in the assignment or pledge.
Language, Jurisdiction and applicable law
The contract is written in German. A translation to English is provided without guarntee. The further implementation of the contractual relationship has to be conducted in German or English. Only the law of the Federal Republic of Germany is applicable. For adopter this only applies as far, as no legal regulations of the state, he/she resides in are restricted by this. The place of jurisdiction for disputes with transferees, who are no consumers, legal entities under public law or public special assets, the location of the breeder.
We save the text of this contract and send the order details and this contract to you via Email. You can view the terms and conditions at any time here on this page. Your past orders are not accessible through the internet due to security reasons
In connection with the initiation, graduation, management and rescission of the contract- data of the adopter are collected, stored and processed. This is done in accordance with legal provisions. The breeder does not pass on data of the adopter to third parties, unless, that they would be required by law, or the adopter has previously expressed his/her consent. If a third party is used for services related to the handling of processing procedures, the provisions of the Data Protection Act are complied with. The information provided by adptoer though the order are processed exclusively for contacts within the framework of the contract and only for the purpose, to which the adopter has made the data available. The data is just transferred to shipping companies that carry out the delivery of the animals in an extend that is necessary, ., .. Payment data is only forwarded to the assigned bank institute. As far as the breeder has to obey retention periods of commercial- or legal nature, the storage of some data might be necessary for a period of up to 10 years. During the visit on the website of the breeder anonymized data, which do not allow inferences to personal data and do not intend those, in particular IP address, date, time of day, browser type, Operating system and pages visited, logged. At the request of / the accepting the personal data is deleted in accordance with legal provisions, corrected or disabled. A free information about all personal data of the adopter is possible. For questions and requests for cancellation, Correction or blocking of personal data as well as collecting, Processing and use the adopter can contact the following address: Farbratten-Zucht Karni Mata, Kathrin Guttmann, Haupstraße 46, 25548 Kellinghusen, 01786656853 email@example.com.
The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity., .. ., ..
Requirement of Written Form
Changes or addition to this contract require the written form. The requirement of written for can only be contracted out in written form. oral subsidiary agreements are not valid. Court of jurisdiction is the residence of the breeder. The protection contract has to be prepared in duplicate and one has to be handed over to the adopter and one to the breeder.