General Terms and Conditions

(valid from 14.11.2018)

Under the domain http://futtermedicus-barfrechner.de/, Dr. med. vet. Natalie Dillitzer, Futtermedicus, Amperstr. 2b in 82275 Emmering, Germany (hereinafter referred to as Futtermedicus") operates a web page-based, fee-based service for the calculation and analysis of feeding plans / meal plans for dogs and cats and for comparing the nutrient supply with the individual energy and nutritional requirements of the dog or the cat of the users.
This offer is aimed at both commercial users or those who make use of the service in connection with their freelance activities (“dietary counseling”), as well as private users (“private users”), together hereinafter referred to as “the customer”, “the customers”.

§1 Scope

(1) The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to the customers of Futtermedicus.

(2) Futtermedicus provides its services exclusively on the basis of the following terms and conditions as well as the respective product descriptions, who are accessible under https://futtermedicus-barfrechner.de. Deviating terms and conditions of the customers do not apply, even if Futtermedicus has not expressly objected to them.

(3) In the event of a transfer of business, Futtermedicus is entitled to transfer the contract for the use of the feeding calculator to a third party. The customer declares his consent to this with registration for the feeding calculator.

§ 2 Services

(1) A contract is concluded for the present GTC, at the respective price conditions shown on the respective product pages and the scope of services described therein.

(2) The service essentially allows the customer to calculate the nutrient requirements of his pet and to assess the feed plan and adapt it to individual needs of the pet. Futtermedicus reserves the right to change the service at any time. The customer is informed about such changes at regular intervals. Limitations of the scope of services are only possible if this is indispensable for legal reasons or if the customer agrees to this on request from Futtermedicus. The customers consent shall be deemed given if the customer does not objekt in writing within six weeks of receiving the corresponding notification issued by Futtermedicus.

(3) Technical changes and minor deviations of the services offered by Futtermedicus are reserved to the extent that they are reasonable within reasonable discretion for the contractual partner.If the services are technically improved after conclusion of the contract, a claim to use the previous, uncorrected version is excluded. If the contractual partner is not to be expected to use the technically improved version due to the special circumstances of the individual case, he can terminate the contract extraordinarily to the exclusion of further rights. The termination must be declared immediately in writing.

(4) Futtermedicus reserves the right to an increase in price at the next renewal date if a commercial user books a term package with a maturity of 3 or 12 months. The customer will be informed of the revised prices at least four weeks before the next renewal date via e-mail or by post. In the event of a net price increase, the customer has the right to terminate the contract extraordinarily with a notice period of two weeks at the end of the yet to be extended contract. This point is serperately mentioned in the letter concerning the increase in price.

§ 3 Conclusion of contract, contract term, termination, receipt of declarations of intent, deletion of data in the event of termination of the contract

(1) Futtermedicus is entitled to place the data transmitted by customers in the Futtermedicus system.
The customer agrees to the use of his provided data by Futtermedicus for the puropse of fulfilling the contract for the duration of the contract and the time additionally.

(2) A contract between the customer and Futtermedicus is concluded by accepting the customer request for a product offered by Futtermedicus. Futtermedicus reserves the right to refuse the acceptance of the customer request in individual cases without giving reasons.

(3) The duration of a contract depends on the selected term of the booked service, so far as a product with a runtime is booked. The duration can be seen from the concluded contract.

(4) Terminations require text form.

(5) The right to terminate for an important reason remains unaffected. An important reason for Futtermedicus is in particular, but not conclusively, if the customer has violated the obligations of Section 6 para. 2, 3, 4, 5 and/or 7.

(6) After termination of the contract, Futtermedicus is entitled to permanently delete the customer"s data stored on its servers from the use of the service of Futtermedicus. The customer is responsible for data backup.

§ 4 Prices, payments, due date, invoicing

(1) Unless no price has been expressly agreed upon, the prices contained on the product pages shall apply to the services of Futtermedicus.
The respectively arising statutory sales tax is also owed.

(2) Unless otherwise agreed, the fees shall be charged at the conclusion of the contract. Paypal, credit card payment, a transfer via www.sofortüberweisung.de as payment methods are available as well as payment methods by means of a bank transfer.

§ 5 Access authorization

(1) Customers are obligated to register with regards to offers that require registration, which are provided by Futtermedicus on its platform. Regstration included applying for a user name and password and therefor creating a customer account (hereinafter referred to as “Account”). Futtermedicus is entitled to examine the applicant‘s reliability and identity in case of doubts about the truthfulness of the information by means available to him. The once awarded access authorization is not transferable. Registration itself is free.

(2) The customer is entitled to pass on the access data to a maximum of 10 employees that are bound to instructions towards him in a factual manner.

§ 6 Cancelation policy

If you are a user, you have a right of withdrawal according to the following conditions:

Right of withdrawal

You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the date of conclusion of the contract.

To exercise your right of cancellation, you must inform

Dr. med. vet. Natalie Dillitzer,
Futtermedicus
Amperstr. 2b
DE 82275 Emmering

Telephone number: +49 8141/888 930
Fax: +49 8141/888 9329
E-mail: info@futtermedicus.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation

If you withdraw from this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transactions, unless expressly agreed otherwise with you; in no case will we charge you for this repayment.

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount, which corresponds to the proportion of services already provided by the date on which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the service provided for in the contract.

Model withdrawal form
(If you as a consumer want to revoke the contract, please fill out this form and send it back.)

To Dr. med. Natalie Dillitzer, Futtermedicus, Amperstr. 2b. DE 82275 Emmering

Telephone number: +49 8141/888 930
Fax: +49 8141/888 9329
E-mail: info-futtermedicus.de

I/we (*) hereby refute the contract concluded by me/us (*) for the provision of the following
Service (*)
Ordered on (*)/received at (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)

Date
(*) Cross out incorrect option

§ 7 Rights of use and obligations

(1) (1) Insofar as the customer and/or the user authorised by him place (copyright) protected or otherwise protected content or content supjected to know-how in a service of Futtermedicus, or otherwise makes it available to Futtermedicus, he grants free, non-exclusice, worldwide and for an indefinite period of time right to use these contents exclusively for the purpose of the respective service.

(2) With respect to other contents, not included in section 7 para. 1, in particular (nutrient and/or analysis) data that the customer puts into the service of Futtermedicus or makes it available to Futtermedicus in any other form, Futtermedicus is entitled to include, reproduce these in its services in an anonymised form, make it accessible, process or otherwise use it in its services. In order for Futtermedicus to be able to offer the respective service, the data may need to be stored and hosted on servers. In particular, Futtermedicus is entitled to technically reproduce, change, analyse and pass on the data to third parties to ensure the provision of services, marketing or further development of its services. In particular, Futtermedicus is permitted to combine this data in a industry-specific and cross-industry way and to make it available to third parties in this aggregated and anonymised form. A transfer of non-anonymised data does not take place.

(3) The customer grants Futtermedicus the right to make its contents available to the public pursuant to section 7 para. 1 only in the event that it intends to make it publicy available or that the parties have expressly agreed to make a public broadcasting because of the nature of the respective service. The right of public access shall end at the time when he/she/the customer removes a set content from a particular service or shall remove the provision of public making its access. The provisions in section 6 f. of the terms of use remain unaffected.

(4) The customer is obliged to use the service in accordance with these GTC and in accordance with the relevant legal regulations. In the event of serious violations, Futtermedicus is entitled at any time to block access and/or terminate without notice.

(5) The customer is prohibited from passing on the account provided to another person (although legally or naturally) except the instructions specified in Section 2, unless otherwise agreed.

(6) In particular, the customer undertakes to use all content made available to him via the service exclusively as intended and for his own use. Statistical graphics and screenshots of the customer account are excluded, provided that the copyright is maintained by Futtermedicus and clearly remains clearly recognisable with regard to the origin of such documents that these originate from Futtermedicus.

(7) By concluding a contract, the customer assumes the exclusive responsibility that the contents have been carefully selected or correspond to the truth in content. Content that violates existing laws - in particular criminal, copyright, competition law, etc. - or the rights of third parties - e.g. Trademark, personality, name rights, etc. - violate, the customer may not manage via the account. The customer fully shall indemnify Futtermedicus against any claims of third parties asserted because of such a content and assumes the costs of a necessary legal representation incurred by Futtermedicus.

(8) Futtermedicus is not obliged to check the content posted by the customer for their legal admissibility or for a possible infringement of third-party rights. If Futtermedicus becomes aware of illegally managed content, Futtermedicus is entitled, at its discretion, to delete the contents in whole or in part without prior notification by the customer or to block the retrievability. A right to erasure is given, in particular, if transmitted data has an infringing or incorrect content that infringe the rights of third parties and/or violates these GTC. Claims of the customer due to justified deletion or justified blocking of the retrievability are excluded.

§ 8 Data protection

Careful handling of customer data is important to Futtermedicus. The customer agrees to the collection, use and transfer of his data for the purposes contained in the contract and for the purpose of billing and administration of the contract. Details on the data use of Futtermedicus can be found at https://futtermedicus-barfrechner.de/datenschutz

§ 9 Secrecy

The parties (mutualy) untertake not to use or disclose any informations considered confidential or recognisably marked as confidential of the other party, unless something else has been explicitly agreed upon or it happens to fulfill the comitment of this agreement or if it is necessary by law or other regulations or court instructions.

§ 10 performance obstacles

Obstacles to performance for which Futtermedicus is not responsible lead to a corresponding extension of the performance period. This applies in particular to lacking or lack of self-supply in the event of services that Futtermedicus itself receives, force majeure, war, natural disasters, traffic or operational disruptions, disabled imports, shortages of energy and raw materials, official measures and labour disputes as well as the violation of obligations to cooperate or – conditions of the customer. Futtermedicus is entitled to withdraw from the contract if the obstacle to performance persists for unknown time and the purpose of the contract is at risk. If the hindrance lasts longer than 2 months, the customer is entitled to withdraw from the contract with regard to the not yet fulfilled part if he is not entitled to a right of withdrawal from the contract as a whole.

§ 11 Subcontractors

It is at the sole discretion of Futtermedicus to use subcontractors and/or other technical service providers for the provision of services. Insofar as the customer grants Futtermedicus rights of use, reproduction or similar, Futtermedicus is entitled to grant these persons employed with regard to these rights, insofar as this is necessary for the fulfilment of the service obligations by the subcontractors and/or technical service providers.

§ 12 Availability, downtime

(1) Futtermedicus guarantees the availability of its Internet web servers of 97% on average and reserves temporary restrictions on contractual services with regard to capacity limits, maintenance work and safety measures. With regard to the aforementioned availability guarantee, times in which the web server is not accessible from Futtermedicus due to the inability of the telephone lines to the contractual server, due to power failures and disruptions within the Internet, due to DDOS attacks and the like, as well as due to failures of third-party servers and other problems that are not in the control and/or responsibility of Futtermedicus, are not includ.

(2) Section 536 BGB remains unaffected.

§ 13 Liability

(1) Insofar as this is not expressly stated in these General Terms and Conditions or in the additional terms, Futtermedicus makes no specific representations with respect to the Services or assumes guarantees in this respect. For example, Futtermedicus makes no representations regarding the content in the Services, with regard to the specific functionalities of the Services or their reliability or suitability of the Services for the purposes of the Customer.

(2) A guarantee is also not assumed regarding possibilities of action displayed in the customer"s account or otherwise communicated or otherwise communicated, in particular with regard to a success that can be achieved. The customer is followed by displayed options in the sole risk of the customer.

(3) Futtermedicus is liable

- for damage to life, body and health based on a negligent or intentional breach of duty by him, his legal representatives and/or vicarious agents;
- under the Product Liability Act;
- under applicable data protection laws;
- in case of intent and gross negligence;
- because of the slack of dece
- upon assumption of a guarantee, in particular for quality or availability.

However, Futtermedicus shall only be liable if the specific risk of damage is found to be found in the absence of the guaranteed quality or availability, but which does not directly occur on the subject matter of the contract itself, if the specific risk of damage is clearly covered by the guarantee.

(4) Futtermedicus is also liable for damages caused by simply negligent breach of such contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose fulfilment the customer regularly relies and may rely. The same applies to claims by the customer for damages instead of performance. However, Futtermedicus is only liable if the damage is typically linked to the contract and is foreseeable.

(5) Futtermedicus shall only be liable for damages resulting from a delay in performance if Futtermedicus has acted intentionally or through gross negligence. In all other respects, the customer"s rights remain unaffected in the event of default.

(6) Claims by customers for damages, unless they are covered by the contracted insurance and are not based on intentional or grossly negligent action by Futtermedicus or the agents employed by Futtermedicus, are limited to 50% of the average annual contractual volume per case of damage (limit maximum amount of liability).

(7) Insofar as there are neither intent nor gross negligence or a guarantee from Futtermedicus, Futtermedicus shall not be liable for indirect damages by the customer, such as lost profits.

(7) The strict liability of Futtermedicus for damages in accordance with section 536a (1) 1. Alternative BGB for defects existing at the conclusion of the contract will be excluded.

§ 14 Offsetting, retention, prohibition of assignment

(1) The customer is only entitled to set-off, retention or reduction, even if notifications of defects or counterclaims are asserted, if the counterclaims are legally established, or are indisputable and/or the receivable of the receivable referred directly arises from the same contractual relationship. The prohibition of set-off does not apply if the customer is a consumer and the claim from the reversal relationship has been revoked by the contract pursuant to Art. Section 355 BGB.

(2) The customer is not entitled to assign claims against Futtermedicus to third parties. In any case, such assignments are ineffective against Futtermedicus, unless expressly agreed otherwise at least in writing.

§ 15 Exclusion period

In the event of an ongoing account, the customer must immediately check the correctness and completeness of the invoices, accounts and the statements of Futtermedicus. Futtermedicus can extract default interest from the invoices and balance determinations and shall settle separately. Any objections against the closing of the account and the sald settlement are to be received within 30 days, other objections must be made without delay. The failure to make timely objections is considered a permit. Futtermedicus will be particularly indicated when noting invoices, accounting and other settlements, the consequences of the omission of timely objections. Legal claims for justified objections after the deadline shall remain unaffected.

§ 16 Final provisions

(1) Ancillary agreements are not made. Changes and additions to these terms and conditions are only valid if they have been confirmed in writing by Futtermedicus. All individual agreements must be set down in writing without delay. Orders placed by the customer or special conditions desired by the customer shall only be deemed accepted after written confirmation by Futtermedicus. The written form requirement according to sentence 3 is also respected when using fax and email.

(2) Should individual or several provisions be invalid, this shall not affect the validity of the remaining agreements. Instead of the invalid provision, a provision shall be cared that corresponds to the economic meaning and purpose of the invalid provision in a legally permissible manner.

(3) German law shall apply exclusively.

(4) If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from or in connection with this contract is the registered office of Futtermedicus (Fürstenfeldbruck). However, Futtermedicus is entitled to sue the customer at his registered office / residence.

(5) Futtermedicus is entitled to amend or supplement the terms and conditions if the customer declares his consent to this. The customer is informed about planned changes to the GTC in writing at the latest one month before the planned change date, using the changed provisions. The customer"s consent is deemed to have been granted if he does not object to the notification of the change or supplement within one month of receipt.

(6) In the case of continuing obligations, we are entitled to

a. to supplement or replace these with effect for existing contracts in the event of the ineffectiveness of a condition,

b. in the case of changes to a statutory provision or the jurisdiction of the incident, if this change affects one or more conditions of the contractual relationship, to adapt the affected conditions as corresponded to the purpose of the provision or jurisdiction, provided that the customer is not worse due to the new or amended condition than according to the original condition.