GTC, Cancellation Policy, Data Privacy

General Terms and Conditions
Cancellation Policy
Privacy Policy & Disclaimer

 

General Terms and Conditions

1. Validity

1.1. These terms and conditions apply to us, ACT Animal Care Technologies GmbH and any natural or legal person (customer) for the respective company-specific legal transaction also for all future transactions, even if in an individual case, especially when it comes to future supplementary or follow-up orders has not been explicitly referred to.

1.2. With every completion of a contract the latest version of our GTC apply, these can be found on our homepage www.colicheck.com but they have also been sent to the customer as a supplement to the package.

1.3. We contract exclusively based on our GTC.

1.4. Alterations or additions to our GTC require our express explicit consent.

1.5. General Conditions of the customer will not be recognized even if we do not expressly object to them upon receipt.

 

2. Offers, Completion of a contract

2.1. Our offers are not binding.

2.2. Commitments, assurances and warranties on our part or agreements deviating from our GTCs in connection with the completion of the contract become binding only upon our written confirmation.

 

3. Payment

3.1. In the event of a default in payment, the costumer is obliged to reimburse us for the necessary and appropriate costs (reminder fees, collection fees, attorney’s fees, etc.).

3.2. We are entitled to charge 9,2% points above base rate in accordance with § 456 UGB in the case of a delay of payment; this also applies to our consumers businesses; we charge 5% default interest.

 

4. Right of withdrawal of the client

4.1. If the client is a consumer, he has been instructed in accordance with Appendix about the rights of withdrawal which he is possibly entitled to in individual cases.

 

5. Retention of title

5.1. The products delivered by us or otherwise handed over remain our property until full payment.

5.2. A resale is only permitted if we have been informed in advance, stating the name and the exact address of the purchaser and we agree to the sale. In the case of our approval, the purchase-money claim is already assigned to us.

5.3. If the customer is in default of payment, we are entitled to, granting an additional respite, to reclaim the reserved goods.

5.4. The Customer must notify us immediately prior to the commencement of bankruptcy of his assets or the seizure of our reserved goods. .

5.5. The customer agrees that we are allowed to enter the location at which the reserved goods are in order to assert our retention of title.

5.6. Necessary and for the appropriate legal costs of the prosecution bears the customer.

5.7. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared.

5.8. The returned reserved goods may be sold in the open market and in the best possible way. The costumer has to settle the resulting damage.

5.9. Until full payment of all our claims, the service/purchase item is not allowed to be pledged, transferred as security or encumbered in any other way with third-party rights. In the case of seizure or other claims, the customer is obliged to point out our ownership and to inform us immediately.

 

6. Our intellectual property

6.1. Delivery items and the related design documents, plans, sketches, estimates and other documents such as software provided by us or created by our contribution, remain our property.

6.2. Their use, in particular their distribution, duplication, publication and availability, including copies only as an excerpt, as well as their copying, processing or exploitation requires our consent.

6.3. The word and figurative mark of Colicheck is protected and may not be used without our permission.

 

7. Warranty

7.1. The warranty period for our services in all business transactions is one year after delivery.

7.2. In the absence of a deviating agreement, the time of the transfer is at the latest when the customer has taken over the service into his power of disposition or has refused the takeover without stating any reasons.

7.3. If a joint handover is planned and the customer does not show up on the handover date communicated to him, the takeover is deemed to have taken place on that day.

7.4. Corrections of defects alleged by the customer do not constitute an acknowledgement of a defect.

7.5. In the case of business conducted with the company the customer must always prove that the defect was already present at the time of delivery.

7.6. To remedy any defects, the customer must make the devices accessible to us without culpable delay and give us the opportunity to have them inspected by us or by experts appointed by us

7.7. For all business conducted with the company the following conditions apply: Notifications of defects and complaints of any kind are to be announced in writing immediately after any other loss of warranty claims (at the latest after 14 working days) at the registered office of our company with the most precise possible error description and indication of possible causes. The complained deliveries are to be handed over by the customer, as far as practicable.

7.8. If claims of defects of the customer are unjustified, he is obliged to replace expenses which arose from the determination of the defects or troubleshooting.

7.9. Any use or processing of the defective delivery item which threatens further damage or makes it difficult or impossible to remedy the cause shall be discontinued by the customer, insofar as it is not unreasonable.

7.10. We are entitled to make any investigation that we deem necessary or to have it ordered, even if the goods are rendered unusable by them. In the event that this investigation reveals that we are not responsible for any errors, the customer must bear the costs of this investigation for a reasonable fee

7.11. For all business conducted with the company the following condition applies: The costumer bears the corresponding costs for any transport and travel costs incurred in connection with the correction of defects.

7.12. For the remedy of the defect, at least two attempts are to be given to us on the part of the customer.

7.13. We can avert a change request by improvement or appropriate price reduction, as long as it is not a substantial and irrecoverable defect.

7.14. There is no shortage if the customer’s technical equipment such as supply lines, cabling, networks etc. is not in a technically perfect and ready-to-use condition or is incompatible with the delivered items.

 

8. Liability

8.1. In the case of violation to contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., we are liable for pecuniary losses only in cases of intent or gross negligence due to technical features (if not excluded).

8.2. The liability is limited with the maximum liability amount of any liability insurance concluded by us. The relevant obligation to inform meets the customer.

8.3. This limitation also applies with regard to the damage to a matter that we have accepted for processing.

8.4. Claims for damages must be legally asserted within 6 months from the time at which the damage becomes known or at the latest within two years from the point of delivery, otherwise the claim will expire.

8.5. The limitations or exclusions of liability also include claims against our employees, agents and vicarious agents for damages caused to the customer.

8.6. Our liability is excluded for damage caused by improper handling or storage, overuse, non-compliance with operating and installation instructions, incorrect installation, commissioning, maintenance, servicing by the customer or third parties not authorized by us, or natural wear and tear, provided this event was causal for the damage. Likewise the disclaimer for omission exists for the necessary maintenance.

8.7. If and as far as the customer takes out non-life insurance for damages, for which we are liable, on his own or in his favor (eg liability insurance, comprehensive insurance, transport, fire, business interruption and others), the customer is obliged to claim the insurance benefit and our liability to the customer is limited to the disadvantages caused to the customer by the use of this insurance (eg higher insurance premium).

8.8. Those product features are owed, third party manufacturers or importers from the customer, taking into account their knowledge and experience, with regard to the approval requirements, operating instructions and other product-related instructions and notices (especially also inspection and maintenance). If a device ordered by the customer is not compatible with other devices, he is at fault. A possible error is at the expense of the customer.

8.9. There is no liability for any injuries of the horse or its death in the event that the delivery items do not give (timely) warning or notification. Our delivery items serve the support of colic prophylaxis, early disease detection or detection of other abnormalities. A guarantee for the timely detection of illnesses or problems is not given or promised in any way. Any liability claims from this point of view are completely excluded.

 

9. Saving clause

9.1. Invalidity or voidness of individual provisions of these terms and conditions and the contract shall not affect legal validity of the remaining provisions; In this case, those agreements are deemed to have been made which are legally valid and which come closest to our original objective.

 

10. General information

10.1. The Austrian law applies with the exception of the Referral Rule.

10.2. The UN sales law is excluded.

10.3. Place of performance is the registered office of the company.

10.4. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the customer is the court having jurisdiction for our registered office. For consumers § 14 KSchG applies.

10.5. The customer needs to inform us immediately in writing when it comes to changes of the name, the company, the address, the legal form or other relevant information.

 

 

Appendix

Information about the right of withdrawal according to § 3 KSchG

If the consumer has not made his contractual declaration either in the premises used by us for our business purposes or in a stand used by him at a trade fair or market, he may withdraw from his contract or contract. This withdrawal can be declared until the conclusion of the contract or after within 14 days. The expiry of this period commences with the delivery to the client of at least the name and address of us, the information necessary to identify the contract, as well as information on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, however, at the earliest with the conclusion of the contract. If the delivery of such a certificate is omitted, the consumer has the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract. The declaration of withdrawal is not bound to any particular form. The resignation period is respected if the resignation is sent within the statutory period

This right of withdrawal does not apply to the consumer, in particular, if he himself initiated the business relationship with us or our agent for the purpose of closing the contract, or if the conclusion of the contract was not preceded by discussions between the people involved and their agents.

 

Information about the right of withdrawal according to § 3a KSchG

The consumer may also rescind his contract request or contract if, without his consent, significant circumstances, which we have identified as likely in the course of the contract negotiations, do not occur or occur only to a limited extent. Significant circumstances are the expectation of the participation or consent of a third party, which is necessary for the performance to be provided by us or used by the consumer, the prospect of tax advantages, the prospect of public funding and the prospect of a loan. The resignation can be explained within a week. This period commences as soon as it becomes apparent to the consumer that the above-mentioned circumstances do not occur, or occur only to a significant lesser extent, and that he has received written information about his right of withdrawal. However, the right of withdrawal expires at the latest one month after the complete fulfillment of the contract by both contractual partners. The declaration of withdrawal is not bound to any particular form. The resignation period is respected if the resignation is sent within the deadline.

The consumer is not entitled to withdraw from the contract if he already knew or should have known during the contract negotiations that the relevant circumstances would not occur or only to a significantly lesser extent, if the exclusion of the right of withdrawal was negotiated in detail or if we were to make an appropriate adjustment to the contract.

 

Information about the right to cancel according to the FAGG

Cancellation policy, Right to cancel

The consumer has the right to cancel the contract concluded with us within fourteen days without giving a reason. The revocation period is fourteen days from the completion of the contract. To have the right of withdrawal, the client must send us:

  • Name
  • Address
  • Tel.
  • Fax.
  • Email

In the form of a clear statement (for example a letter sent by post, e-mail or fax) of his or her decision to withdraw from the contract. The revocation does not require any special form. The client can use the attached model of a revocation from for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that the consumer sends the notice of the right of withdrawal before the expiry of it.

Consequences of the cancellation

If the client revokes his contract, this leads to the immediate and premature termination of the contract. In addition, we shall repay the compensation immediately and at the latest within fourteen days from the date on which the notification of the cancellation of the contract has reached us. For this repayment, we use the same means of payment used by the consumer in the original transaction, unless otherwise expressly agreed with the consumer; in no case will the client be charged for this repayment.

Revocation form

If the consumer wishes to revoke the contract, then he can fill out the revocation form attached below and send it back to us. The consumer is not obliged to use this form.

 

Form of revocation of the franchise contract according to the FAGG

[Name]
[Address]

Tel.:
Fax:
Email:

Date:

 

Reference: Revocation

With this I revoke,

[Name]
[Address]

Tel.:
Fax:
Email:

Date:

the _____________ (Date) concluded contract with you.

_____________________________
Signature
(Your signature is only necessary if you send this revocation back to the franchisor by post or Fax)

 

Privacy Policy & Disclaimer

Responsible for content

Although the content of these webpages has been created with utmost care, we assume no liability for it being correct, complete or up-to-date. According to Art. 7 para 1 TMG (German Telemedia Act), we, as a service provider, are responsible for our own content on these webpages in accordance with general legislation. However, according to Art. 8-10 TMG, we are not obliged to monitor transmitted or saved external information or to investigate circumstances that may constitute illegal activities. This does not affect our obligation to remove or restrict access to information in accordance with the generally applicable laws. We will delete such content immediately upon becoming aware of any rights infringements.

Liability for links

Our own website contains links to external websites whose content we have no control or influence over. We therefore assume no liability for such content. The provider or operator of the linked pages is solely responsible for the content of those pages. The linked pages were checked for any potential infringements at the time that the link was created and no illegal content was discovered. Without being made aware of an infringement, we cannot reasonably be expected to monitor the content continuously. We will delete the corresponding links immediately upon becoming aware of any rights violations.

Copyright

The content of these webpages is subject to German copyright law. It may only be reproduced, edited, translated, distributed or used beyond the scope of the copyright with written permission from the corresponding author or creator. Furthermore, this website may only be copied or downloaded for non-commercial or personal use. If this website contains content that was not created by the operator, the copyrights relating to this content have been respected. Third-party content is identified accordingly. However, if you believe there may be an infringement of copyright, please inform us and we will delete such content immediately.

Data protection

Our website can generally be used without having to provide personal information. If personal data such as your name, address or e-mail address is collected on our webpages, you provide this information voluntarily, unless specified otherwise. We will not share this data with third parties without your express consent.

We expressly point out that there may be security vulnerabilities when transferring data online or electronically (such as when communicating by e-mail). As a result, such data cannot be protected completely against being accessed by third parties.

Contact details published as part of providing the disclosure information may not be used by third parties to transmit advertising or other information that has not been expressly requested. The operators of the webpages expressly reserve the right to take legal action if unsolicited promotional information is sent (e.g. in the form of ‘spam’).

Right to information; correction, blocking, deletion of data

You have the right to be informed (free of charge) at any time of the data being held about you, its origin and recipient and the purpose for which it is used, as well as the right to such data being corrected, blocked or deleted. If you have any questions about personal data, you can contact us at the address stated in the Legal Disclosure.

Cookies

Some of the webpages use what are known as cookies. Cookies do not damage your device or contain viruses. They merely serve to make our website more user-friendly, effective and secure. Cookies are small text files that are stored locally on your device and web browser.

Most of the cookies that we use are “session cookies”, which are automatically deleted from your hard drive at the end of the browser session. Other cookies will remain on your device until you delete them. These “persistent cookies” enable us to recognise your browser on your next visit.

You can configure your browser to inform you about the placement of cookies, so that you can decide in each instance whether to accept them, allow exceptions, or reject them in general. Rejecting cookies can restrict the functionality of our website.

Server log files

The provider of the webpages automatically collects information that your browser transmits to us and stores it in log files. This information comprises:

  • Browser type/version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request

This data cannot be associated with specific people. The data is not combined with data from other sources. We reserve the right to check this data retroactively if we have specific reason to believe that it is being used unlawfully.

Newsletter data

If you wish to subscribe to the newsletter on our website, we need your e-mail address, along with information that enables us to prove that the specified e-mail address belongs to you and that you have provided your consent to receive the newsletter. No other data is collected. We will use this data solely for sending you the requested information; it is not shared with third parties.
You may at any time revoke your consent to us saving your data and e-mail address and using them to send the newsletters.