General Terms and Conditions

Valid from: 01.05.2024

Preamble

Welcome to our website! Thank you for trusting us with your shopping!

Please read this document carefully before completing your order, as by finalising your order, you accept the content of these GTC (regulations)!

These GTC are valid from 01.03.2024 and remain valid until revoked. The seller is entitled to unilaterally amend the GTC, with notification to consumers on the website.

For questions regarding the webshop operation, orders, or the delivery process, the seller is available to consumers using the contact details provided in the imprint.

The seller reserves all rights regarding the website, all its parts and content, as well as their distribution. Downloading, electronically storing, processing, and selling content or parts that appear on the webshop interface is prohibited without the seller’s written consent.

The seller does not enter into contracts with minors. By accepting these GTC, the consumer declares that they are of legal age.

These GTC are always available on the webshop interface.

Scope

Our online shop is aimed at consumers in the following countries:

• Germany,
• Austria.

Imprint: Provider Data (Seller, Company)

Name: Dr. Miklós Varga, self-employed

Company headquarters: 9099 Pér, Fehérvári u. 90. Hungary

Postal address: 9099 Pér, Fehérvári u. 90. Hungary

Registration authority: Győr Commercial Court

Tax identification number: 55359562-2-28

Representative: Dr. Miklós Varga

Email: office@best2pets.de, office@best2pets.com

Website: www.best2pets.de, www.best2pets.com

Definitions

Parties: Seller and Buyer together

Consumer: a natural person who acts outside their profession, independent activity, or business operation

Consumer contract: a contract in which one of the parties is considered a consumer

Website: this webpage, which serves for concluding the contract

Contract: purchase agreement between seller and buyer using the website and electronic correspondence

Means of communication in absence: a means suitable for making a contract declaration in the absence of the parties – in the interest of concluding the contract. Such means include in particular, the addressed or unaddressed form, the standardised letter, the advertisement in the press with an order form, the catalogue, the telephone, the fax, and the device that enables internet access

Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in an organised distance selling system for the provision of products or services, whereby the parties exclusively use means of communication that can communicate in the absence

Product: any movable item included in the offer on the website and for sale on the website, and the subject of the contract

Company: a person acting in their profession, independent activity, or business activity

Buyer/Consumer/You: the person who submits a purchase request on the website and concludes a contract

Webshop: our webshop, through which the contract is realised

Scope and Acceptance of the GTC

The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter: GTC) in addition to the mandatory legal provisions. Accordingly, these GTC contain the rights and obligations of you and us, the conditions for concluding the contract, the deadlines for performance, delivery and payment conditions, liability rules, and the conditions for exercising the right of withdrawal.

The technical information required for the use of the website and not contained in these GTC is provided by other information available on the website.

You are obliged to familiarise yourself with the provisions of these GTC before finalising your order.

Contract Language, Contract Form

The language of the contracts covered by these GTC is German.

The contracts covered by these GTC are not considered written contracts and are not registered by the seller.

Electronic Invoicing

Our company uses electronic invoices. By accepting these GTC, you agree to the use of electronic invoices. We use the bilingo.hu system for issuing e-invoices.

Prices

The prices are in euros and include VAT. The prices are for reference only. It cannot be excluded that the seller changes the prices for business policy reasons. Price changes do not apply to contracts already concluded. If the seller has incorrectly stated the price and an order has been placed for the product, but no contract has yet been concluded between the parties, the procedure described under “Procedure in Case of Incorrect Price” in the GTC will be followed.

Procedure in Case of Incorrect Price

An incorrectly stated price is a price of 0 euros, a reduced price with an incorrectly stated discount (e.g.: a product priced at 10 euros is offered at a 20% discount for 5 euros).

In the case of an incorrectly stated price, the seller offers the opportunity to purchase the product at the actual price. With this information, the consumer can decide whether to order the product at the actual price or cancel the order without negative legal consequences.

Complaint Procedure and Remedies

The consumer can address complaints about the product or the seller’s activities to the following contact details:

Name: Dr. Miklós Varga

Email: miklos@best2pets.de, miklos@best2pets.com

The consumer can submit their complaint orally or in writing to the company regarding the behaviour, activities, or omission of the company or the person acting in the interest or on behalf of the company, directly related to the sale or distribution of goods to consumers.

The company is obliged to investigate oral complaints immediately and remedy them if necessary. If the consumer disagrees with the handling of the complaint or immediate investigation is not possible, the company is obliged to record the complaint and its position on it immediately and provide the consumer with a copy if the oral complaint is presented in person. In the case of an oral complaint by telephone or other electronic communication service, the company must send the consumer a substantive response within 30 days at the latest, following the regulations for responding to written complaints. Otherwise, it must proceed according to the rules for written complaints. Unless directly applicable EU legislation provides otherwise, the company is obliged to respond substantively to written complaints within thirty days of receipt and to arrange for their notification. A shorter deadline may be set by law, and a longer deadline may be set by law. The company is obliged to justify its position if it rejects the complaint. The company is obliged to assign a unique identification number to oral complaints communicated by telephone or other electronic communication service.

The complaint protocol must include the following:

• Name and residential address of the consumer,
• Place, time, and method of filing the complaint,
• A detailed description of the consumer’s complaint, a list of documents, records, and other evidence submitted by the consumer,
• The company’s position on the consumer’s complaint, provided an immediate review of the complaint is possible,
• The signature of the person recording the protocol, and – except for oral complaints submitted by telephone or other electronic communication services – the consumer’s signature,
• Place and time of recording the protocol,
• For oral complaints submitted by telephone or other electronic communication services, the unique identification number of the complaint.

The company must keep the protocol of the complaint and a copy of the response for five years and present them to the inspecting authorities upon request.

In case of rejection of the complaint, the company is obliged to inform the consumer in writing about the authority or conciliation body where they can initiate a procedure depending on the nature of their complaint. The information must also include the address, telephone, and internet contact details, as well as the postal address of the competent authority or conciliation body according to the consumer’s place of residence or stay. The information must also indicate whether the company will use the conciliation procedure to resolve the consumer dispute.

If the consumer dispute between the seller and the consumer cannot be resolved through negotiations, the consumer has the following remedies available:

Consumer Protection Procedure – Online Dispute Resolution Platform

The European Commission has set up a website where consumers can register to resolve their disputes related to online purchases by filling out a complaint form on this platform without needing to initiate court proceedings. This allows consumers to enforce their rights without being hindered by, for example, geographical distance.

If you wish to file a complaint about a product or service you purchased online and do not necessarily want to go to court, you can use the online dispute resolution process.

On the platform, you and the trader against whom you have complained can jointly choose the dispute resolution body you wish to handle your complaint.

The online dispute resolution platform is available here: Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Copyright

According to copyright laws, the website is a copyrighted work, and therefore every part of it is protected by copyright. Unauthorised use of graphic and software solutions, computer program creations on the website, and the use of any applications that can modify the website or any part of it is prohibited under copyright laws. Any material from the website and its database can only be used with written permission from the rights holder and with the source and reference to the website indicated. The rights holder is Dr. Miklós Varga, self-employed.

Partial Invalidity, Code of Conduct

If any provision of the General Terms and Conditions (GTC) is legally defective or invalid, the remaining provisions of the contract remain valid, and the relevant legal provisions will apply in place of the invalid or defective part.

The seller does not adhere to any code of conduct under the law prohibiting unfair commercial practices against consumers.

Information on Essential Characteristics of Products

On the website, we provide information about the essential characteristics of each product for sale in the product descriptions.

Correction of Input Errors – Responsibility for the Accuracy of the Provided Data

During the ordering process, you have the continuous opportunity to change the data you have entered before the final confirmation (clicking the back button in the browser opens the previous page, allowing you to correct the entered data even if you have already moved to the next page).

Please note that it is your responsibility to ensure that the data you have entered is accurate, as the billing and delivery of the product will be based on the data you provide. A wrongly entered email address or the saturation of the storage space of the related mailbox may result in the lack of confirmation and may prevent the contract from being realized.

Using the Website

Purchasing is not tied to registration.

The website offers the possibility of product presentation and online ordering for consumers. Consumers can browse the website using the menu items.

The selected product can be placed in the cart using the “Add to Cart” button, with the required quantity adjustable next to the button. The consumer can check the contents of their cart using the “Cart” menu item. Here they can change the quantity of the product they want to order or delete the item. The entire cart can also be emptied using the “Empty Cart” button.

The consumer can continue the ordering process by clicking the “Order” button. In the second step, they have the option to log in, register, or purchase without registration. During registration and purchasing without registration, consumers must provide the following information: email address, name, phone number, billing address, and, if different, delivery address. When registering, a password must also be provided. The consumer will be informed of a successful registration by email and on the website. The consumer can request the deletion of their registration by email from the seller, in which case they must register again for a new purchase.

The consumer is responsible for keeping their access data confidential. The consumer is responsible for updating their data and must inform the seller if they become aware that a third party has misused their data. If the password is forgotten, a new password can be requested on the website to the registered email address. If the consumer is already registered on the website, the ordering process can be continued by entering their email address and password.

In the next step of the order, the consumer must select the payment and delivery method that suits them. The consumer can review all previously entered data and the desired products and their quantity on an overview page. If there are input errors, the entered data can be corrected using the pencil icon.

If you find everything correct, you can complete your order by clicking the “Submit Order” button. You will receive confirmation on the website and by email. If you notice incorrect data after registering the order (e.g., in the confirmation email), you must notify the seller immediately, but no later than within 24 hours. Regardless of the order intention, the consumer can log in through the “Login” window or the “Login” menu item. After logging in, a “Change Data” menu item will appear, where the consumer can change the data provided during registration and track the data and status of their placed orders.

Completing the Order (Submitting an Offer)

If you are sure that the contents of the cart match the products you want to order and your data is correct, you can complete your order by clicking the “Order” button. The information published on the website does not constitute an offer by the seller to conclude a contract. For orders subject to these GTC, you are considered the offeror.

By clicking the “Order” button, you expressly acknowledge that your offer must be considered submitted and that your declaration – in the event of confirmation by the seller according to these GTC – entails a payment obligation. Your offer binds you for a period of 48 hours. If the seller does not confirm your offer within 48 hours according to these general terms and conditions, you are released from the binding offer.

Order Processing, Conclusion of Contract

Order processing takes place in two stages. You can place an order at any time. Initially, you will receive an automatic response confirming that your order has been received through the website, but this confirmation does not constitute acceptance of your offer. If you find that the automatic confirmation email contains incorrect data (e.g., name, delivery address, phone number, etc.), you must notify us immediately by email, along with the correct data. If you do not receive the automatic confirmation email within 24 hours of placing the order, please contact us, as it is possible that your order did not reach our system for technical reasons.

The seller confirms your offer in a second email after submitting your offer, which includes the payment request necessary for the order. The contract is concluded when the seller’s confirmation email is available in your mail system (second confirmation).

Payment Methods

Bank Transfer

You can pay for the products by bank transfer.

CIB Bank – HU1110700031-74703489-50000005

Online credit card payments are processed through the Barion system. Credit card data is not forwarded to the merchant. Barion Payment Zrt. is under the supervision of the Hungarian National Bank, license number: H-EN-I-1064/2013.

You can also pay for the products via the Stripe payment system with a credit card.

Delivery Methods

Courier Service

Name: Bridge Logistic Kft.

Headquarters: LHBS, Budapest, 1112, Hungary

Website: www.bridgelog.hu

Delivery Time

The general delivery time for orders is a maximum of 21 days from the confirmation of the order. The average delivery time is 5-6 working days.

Reservation Clause, Retention of Title

If you have already ordered a product that you did not receive upon delivery (except in cases where you exercised your right of withdrawal), or if the product was returned to the seller with the note “not picked up,” the seller reserves the right to make the execution of the order dependent on the prepayment of the purchase price and shipping costs.

The seller may refuse to hand over the product until it is sure that the payment of the product price has been successfully made using the electronic payment solution (including cases where the consumer transfers the purchase price in the currency of their member state for a product paid by bank transfer, and due to exchange rates as well as bank commissions and fees, the seller does not receive the full purchase price and shipping costs). If the price of the product has not been fully paid, the seller may ask the consumer to make up the purchase price.

Consumer’s Right of Withdrawal

Under applicable law, the consumer has the right to withdraw without giving any reason. The consumer can exercise their right of withdrawal

1. a) in the case of a contract for the sale of goods: aa) for the product, ab) in the case of the purchase of several goods, if the individual products are delivered at different times, for the last delivered product,

within the period from the day of receipt by the consumer or a third party designated by the consumer other than the carrier, which is 14 days.

The points mentioned in this section do not affect the consumer’s right to exercise their right of withdrawal defined in this section even in the period between the conclusion of the contract and the day of receipt of the product.

If the consumer has made the offer to conclude the contract, they have the right to withdraw their offer before the conclusion of the contract, which terminates the contractual binding of the offer.

We expressly point out that the right of withdrawal in the case of food and dietary supplements can only be exercised before opening (“with respect to sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery”).

The consumer can exercise their right of withdrawal through a clear, explicit written statement.

The consumer can exercise their right of withdrawal at the following email address: info@best2pets.de

Validity of the Consumer’s Withdrawal Declaration

The right of withdrawal is considered timely exercised if the consumer sends their explicit written declaration within the period. The period is 14 days.

It is the consumer’s responsibility to prove that they have exercised their right of withdrawal in accordance with this provision.

The seller is obliged to confirm the consumer’s withdrawal declaration on an electronic data carrier upon receipt.

Seller’s Obligations in the Event of a Withdrawal by the Consumer

Seller’s Refund Obligation

If the consumer withdraws from the contract in accordance with legal provisions, the seller will refund the total amount paid by the consumer as consideration, including costs associated with the performance, including shipping costs, within 14 days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs resulting from choosing a delivery method other than the least expensive standard delivery method.

Type of Refund Obligation of the Seller

In the event of a statutory withdrawal or termination, the seller shall refund the amount to be refunded to the consumer in the same manner as the payment method used by the consumer. With the express consent of the consumer, the seller may use another method of payment for the refund, but this must not incur any additional costs for the consumer. The seller is not responsible for delays due to incorrect and/or inaccurately provided bank account numbers or postal addresses by the consumer.

Additional Costs

If the consumer explicitly chooses a delivery method other than the most cost-effective standard delivery, the seller is not obliged to refund the resulting additional costs. In this case, our refund obligation is limited to the amount of the indicated standard shipping costs.

Right of Retention

The seller may withhold the refund due to the consumer until the consumer has returned the product or has provided clear evidence that they have sent it back, whichever is earlier. Cash on delivery or postage-due shipments are not accepted.

Consumer’s Obligations in the Event of Withdrawal or Termination

Return of the Product

If the consumer withdraws from the contract in accordance with legal provisions, they are obliged to return the product immediately, but no later than 14 days after notifying the withdrawal, or to hand it over to the seller or a person authorized by the seller to receive the product. The return is considered timely if the consumer sends the product before the expiry of the period.

Bearing the Direct Costs of Returning the Product

The consumer bears the direct costs of returning the product. The product must be sent back to the seller’s address. If the consumer terminates a contract for the provision of services that was concluded outside the business premises or in the absence of the business, after the commencement of the performance, they must pay a proportionate fee for the services provided up to the time of notification of termination. The proportionate amount to be paid by the consumer must be calculated based on the total amount of consideration agreed upon in the contract, including taxes. If the consumer can prove that the total amount thus determined is disproportionate, the proportionate amount must be calculated based on the market value of the services provided up to the time of termination of the contract. Please note that we cannot accept products returned via cash on delivery or postage due.

Consumer’s Responsibility for Diminished Value

The consumer is responsible for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product.

The seller expressly points out that the right of withdrawal cannot be exercised in the following cases:

• In the case of a contract for the provision of services after the service has been fully performed, if the business has started performing with the consumer’s prior express consent, and the consumer acknowledged that they lose their right of withdrawal once the service is fully performed.
• For a product or service whose price or fee depends on fluctuations in the financial market that cannot be controlled by the business during the withdrawal period.
• For a non-prefabricated product made according to the consumer’s instructions or specifically requested by the consumer, or a product that is tailored to the consumer’s personal needs.
• For perishable products or products with a short shelf life.
• For sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
• For products which, after delivery, are inseparably mixed with other items due to their nature.
• In the case of a business contract where the business visits the consumer at their express request to carry out urgent repair or maintenance work.
• For the sale of sealed audio or video recordings or computer software if the consumer has unsealed the package after delivery.
• For newspapers, periodicals, and magazines, except subscription contracts.
• For contracts concluded at a public auction.
• For contracts for the provision of accommodation, transport, car rental, catering, or leisure services if a specific date or period for performance is specified in the contract.
• For the supply of digital content that is not supplied on a tangible medium if the business has begun performance with the consumer’s prior express consent and the consumer has acknowledged that they lose their right of withdrawal.

Warranty

In the event of a defective performance by the service provider, the consumer may assert a warranty claim against the service provider.

In the case of a consumer contract, the consumer can assert their warranty claims within a limitation period of 2 years from the handover for product defects that already existed at the time of handover. After the two-year limitation period, the consumer can no longer assert their warranty rights.

In the case of a contract not concluded with a consumer, the entitled party can assert their warranty claims within a limitation period of 1 year from the handover.

The consumer can choose to request a repair or replacement unless the fulfilment of the chosen claim is impossible or would result in disproportionate additional costs for the service provider compared to another claim. If the consumer does not request or cannot request repair or replacement, they can request a proportionate reduction in the consideration remedy the defect at the service provider’s expense or have it remedied by a third party, or – as a last resort – withdraw from the contract. Withdrawal due to an insignificant defect is not possible.

The consumer can switch from their chosen warranty right to another but is obliged to bear the costs of the switch unless it was justified or caused by the service provider.

The consumer must notify the service provider of the defect immediately after its discovery, but no later than two months after its discovery.

The consumer can assert their warranty claim directly against the service provider.

Within six months of the fulfilment of the contract, the consumer only needs to notify the defect to assert a warranty claim if they prove that they purchased the product from the service provider (by presenting an invoice or a copy of the invoice). In this case, the service provider is only exempt from the warranty if they refute this presumption by proving that the defect of the product occurred after the handover to the consumer. If the service provider can prove that the cause of the defect is attributable to the consumer, they are not obliged to honour the consumer’s warranty claim. After six months from the fulfilment of the contract, the consumer must prove that the defect they recognized was already present at the time of fulfilment.

If the consumer asserts a warranty claim for a part of the product that can be separated from the indicated defect, the warranty claim is not considered asserted for other parts of the product.

Product Liability

In the event of a defect in the product (movable thing), the consumer may assert statutory warranty claims or product liability claims at their discretion.

However, the consumer does not have the right to assert statutory warranty claims and product liability claims simultaneously and in parallel for the same defect. However, if a product liability claim is successfully asserted, the consumer can assert their statutory warranty claims for the replaced product or repaired part against the manufacturer.

As part of a product liability claim, the consumer can only request the repair or replacement of the defective product. The consumer must prove the defect of the product when asserting a product liability claim.

A product is considered defective if it does not meet the quality requirements in force at the time of its market introduction or does not have the characteristics specified in the manufacturer’s description.

The consumer can assert their product liability claims within two years from the date of the product’s market introduction by the manufacturer. After this period, they lose this right. The consumer must notify the manufacturer of the defect immediately after its discovery. A defect notified within two months of its discovery must be considered immediately reported. The consumer is responsible for damages resulting from delayed notification.

The consumer can assert their product liability claims against the manufacturer or distributor of the movable good.

The manufacturer or distributor is only exempt from their product liability if they can prove that:

• the product was not manufactured or marketed within the scope of their business activity, or
• the defect was not recognisable based on the state of science and technology at the time of market introduction, or
• the defect of the product results from the application of laws or mandatory official regulations.

It is sufficient for the manufacturer or distributor to prove one reason for exemption.