General terms and conditions of use of the heiland.com website

Heiland GmbH (hereinafter "Heiland"), Hegestraße 40, D-20251 Hamburg, operates a sales platform for veterinary supplies. Heiland offers the brokerage and marketing of veterinary medicines and other veterinary supplies (hereinafter "products") via the website "www.heiland.com" operated by Heiland (hereinafter "heiland.com website"). On this platform, registered suppliers/manufacturers of veterinary supplies can receive orders from registered veterinarians for the products presented on the platform.

The following General Terms and Conditions of Business (“GTC”) apply to the use of the sales platform provided in accordance with these GTC on the heiland.com website. For sellers, the framework agreements agreed with Heiland for connection to the veterinary ordering platform heiland.com and annexes also apply.

These terms and conditions are newly agreed for each individual purchase and sale process as well as necessary preparatory measures and do not constitute a framework agreement. Deviating and/or supplementary special terms and conditions may apply to any other access routes to the Heiland sales platform (e.g. via applications).


definitions

"Seller" is any commercial seller who commissions Heiland with the brokerage and marketing of the sales items intended for sale via Heiland's sales platform to potential buyers.

"Buyer" is any user registered by Heiland who submits a purchase offer for an item offered for sale on Heiland's sales platform.

"Selling Items" means any veterinary supplies offered by a Seller through the Heiland Selling Platform.

"User" is any buyer or seller of Items for Sale on Heiland's Sales Platform, or any other visitor to the heiland.com website.


1. General / contractual relationships

1.1 Heiland offers a sales platform for veterinary supplies. This can be accessed via the Internet on the heiland.com website at the web address www.heiland.com. Heiland can offer other ways of accessing the sales platform, such as via an application.

1.2 On the heiland.com website provided by Heiland, buyers and sellers of veterinary supplies registered with Heiland can enter into contracts with each other for products presented on the heiland.com website.

1.3 The users registered with Heiland can act either as buyers or sellers of articles. Users registered as buyers can view lists of items for sale and submit offers to buy items for sale to the sellers.

1.4 Heiland does not appear as a buyer or seller on the sales platform. Contracts concluded between buyers and sellers on the sales platform entitle and oblige only the contracting parties themselves. Claims regarding the sales item, in particular warranty claims, do not exist against Heiland. The relationship between Heiland and sellers does not constitute a contract in favor of or with a protective effect for third parties.


2. User registration / deletion of a user account

2.1 The use of the heiland.com website requires registration as a user and the associated establishment of a user account. There is no right to register a user account. Each Heiland user may only create one user account. User accounts are not transferrable.

2.2 Registration as a user is free of charge.

2.3 Registration as a buyer is only possible for veterinarians who are licensed in the Federal Republic of Germany. Heiland must be informed immediately of any withdrawal of the license by the responsible authorities.

2.4 The data requested by Heiland during registration must be complete and given to the best of the user's knowledge and belief. If the data provided changes after registration, the user is obliged to update the information in his user account immediately.

2.5 When registering, the user will be asked to choose a username and password for access to the sales platform. He undertakes not to pass on his access data to third parties and to take appropriate measures to keep them secret and to prevent misuse of his user account by third parties. If the user has any indications that his user account is being misused by third parties, he undertakes to inform Heiland immediately. Heiland will not pass on a user's passwords to third parties.

2.6 The user is liable for all activities that are carried out using his user account. This does not apply if the user is not responsible for the misuse of his user account.

2.7 Heiland reserves the right to delete user accounts of former users or details of registrations that have not been completed and completed at any time.


3. Conclusion of contract

3.1 The listing of an item for sale on the heiland.com website merely represents an invitation to a potential buyer to submit an offer.

3.2 In order to purchase an item for sale on the heiland.com website, the purchaser registered with Heiland can add it to the same by clicking on the "add to cart" button. Items for sale from one or more different sellers can be placed in a shopping cart. The placing in the shopping cart is not legally binding for either party. Before the buyer makes a binding offer, he has the opportunity to check and, if necessary, correct all the data he has entered and the sales items placed in the shopping cart. The buyer can remove items for sale from the shopping cart at any time until the purchase offer has been finally sent. The user only submits a binding purchase offer by clicking on the "Pay now" button.
Heiland sends the buyer a confirmation of transmission as soon as the purchase offer has been forwarded to the seller. This confirmation does not constitute acceptance of the offer. Acceptance can only be declared by a seller.

3.3 The purchase contract between buyer and seller is only concluded when the seller expressly declares acceptance of the offer to the buyer.

3.4 If the buyer has agreed in advance with the seller a unit price other than that stated on the website, the offer is deemed to have been made with the previously agreed unit price.

3.5 Heiland has no influence on the availability of the sale items. The ability to place the sale item in the shopping cart and submit a purchase offer for the item does not reflect the actual availability of the item from the seller.

3.6 The execution of a closed purchase contract takes place without the participation of Heiland. Heiland has no influence on the agreement of payment methods or any contractually granted rights of withdrawal or revocation. A revocation or withdrawal from the purchase contract cannot be declared to Heiland, but only to the seller.

3.7 If the buyer does not reach the freight-free limit specified in the shopping cart for the respective seller, shipping costs will be charged by the seller. Heiland has no influence on the amount of these shipping costs.


4. Warranty and Liability

4.1 Heiland assumes no warranty for defects for the sales items sold by a seller. This is the sole responsibility of the respective seller. Heiland also makes no guarantees.

4.2 Heiland assumes no liability for third-party content or references to other telemedia on the heiland.com website.

4.3 Heiland is liable to the user for damage resulting from injury to the body or health as well as damage based on an intentional or grossly negligent breach of duty by Heiland or one of their legal representatives, without limitation in accordance with the statutory provisions.

In all other cases, Heiland is only liable for culpable violation of essential contractual obligations, the fulfillment of which is necessary to achieve the purpose of the contract and also only for foreseeable damage that is typical for the contract.


5. Termination Rights

5.1 The use of the heiland.com website is agreed for an indefinite period. It can be terminated in text form at any time by the user or by Heiland without notice. Notices of termination are to be sent to: Heiland GmbH, Hegestraße 40, D-20251 Hamburg, mail@heiland.com. Section 6 of these General Terms and Conditions remains unaffected.

5.2 If a user cancels the use of the heiland.com website, the corresponding user profile will be deleted immediately by Heiland. Obligations of the user that have already arisen at the time of termination with regard to sales contracts concluded or initiated before the termination remain unaffected.


6. Blocking Users

6.1 Heiland reserves the right to block user accounts as well as selected or all sales items of a seller without prior warning and thereby completely or partially exclude the affected user from further use of the Heiland sales platform, provided that there is a legitimate interest in doing so. Such a legitimate interest exists, for example, in the event of a serious breach of these GTC or suspicion of fraud against the user.

6.2 Heiland has the right to restrict access to the heiland.com website for individual users or in general or to discontinue the heiland.com website at any time. This applies in particular in cases of suspected misuse of the heiland.com website, to ward off malware or other harmful substances and to protect our own interests.

6.3 Heiland reserves the right to charge the responsible user for the costs of the blocking or limitation caused by him or the unblocking. The amount of the costs will be measured at reasonable discretion within the meaning of Section 315 of the German Civil Code, taking into account the actual expenditure. The user has the option of proving the incorrectness of the assessed costs.


7. Use Rights

The user grants Heiland, free of charge, a simple, revocable, unrestricted, sublicensable right to use the content posted by him on the heiland.com website. This right of use includes in particular the right to broadcast, making publicly available, duplication and distribution of any item descriptions, brands or other content and is not limited to use on the heiland.com website. 


8. Operation of the Website

8.1 Heiland endeavors to make the heiland.com website available to users with the greatest possible availability. However, short downtimes can occur at any time, which can be used to optimize or redesign the heiland.com website.

8.2 A claim by a user against Heiland that the heiland.com website is available permanently and unchanged does not exist.


9. Amendment of the GTC

Heiland is entitled to change these terms and conditions at any time. The amended regulations will be announced no later than two weeks before they come into force. Users can object to the changed terms and conditions within two weeks of noticing them. If this objection does not occur, the new terms and conditions are deemed to have been accepted. Heiland will inform the user separately of the importance of failing to raise an objection.


10. Privacy

Insofar as personal data is collected, stored or processed, Heiland observes the legal provisions on data protection. Reference is made to the separate data protection declaration, which can be accessed at any time at www.heiland.com.


11. Contract Language, Jurisdiction, Applicable Law

11.1 Contract language is German. If Heiland also offers the website and in particular the General Terms and Conditions in other languages, the German version of the General Terms and Conditions shall always be binding in the legal sense in the event of ambiguities or doubts. In this respect, no liability is assumed for versions in other languages.

11.2 German law applies to all legal relationships and disputes that arise in connection with the use of the heiland.com website between Heiland and users.

11.3 The place of jurisdiction for all disputes arising from or based on the contractual relationship between Heiland and a user who is a merchant, a legal entity under public law or a special fund under public law is the registered office of Heiland GmbH in Hamburg. Notwithstanding this, Heiland can sue the user at his general place of jurisdiction.


12. Miscellaneous

12.1 Should a provision or part of a provision of these GTC be invalid, the remaining provisions or parts of the provision shall remain unaffected.

12.2 Heiland is entitled to transfer all rights and obligations from the contract with the user to third parties in whole or in part. The user will be informed of this in advance and can object to the transfer within 14 working days of receipt of the information if he has a legitimate interest in doing so.