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The following terms and conditions are effective in preference to possible General Terms and Conditions (especially purchase terms) of the client, if no special agreements have been reached, which in any case require our written confirmation to be legally effective. According to the following conditions, clients are consumers and manufacturers, with whom business relations exist. Consumers are clients without commercial or self-employed activities. Manufacturers are clients who are natural or juridical persons or partnerships with legal capacity, acting in the pursuance of a commercial or self-employed occupation.
1 General, Sphere of operation
(1) Our sales and delivery conditions are valid exclusively; we do not accept adverse terms or clien's terms notwithstanding our conditions, if we have not explicitly agreed to them in writing. Our sales conditions are legally valid even in the case, in which we unreservedly deliver to our client in the knowledge of adverse terms or terms notwithstanding our sales conditions of the same.
(2) According to our conditions, clients are consumers and manufacturers with whom business relations exist. Consumers are clients without commercial or self-employed activities. Manufacturers are clients who are natural or juridical persons or partnerships with legal capacity, acting in the pursuance of a commercial or self-employed occupation.
2 Offer, Conclusion of contract, Offer Documentation
(1) Our offers are not binding, provided no other terms have been written down in the respective order confirmation. If a client's order may be qualified as offer, we can accept the offer within a period of two weeks by sending an order confirmation.
(2) By ordering the goods, the client bindingly declares his intention to purchase the ordered goods. If the client orders via electronic means, he will be sent a respective confirmation of receipt. The purchase contract does not become binding with the confirmation of receipt, but solely with a separate confirmation of delivery respectively the actual delivery of the goods.
(3) Seller's details on the articles of the delivery or performance (e.g. weights and measures) as well as our description of the same (e.g. drawings and photos) are only approximately representative, if the usability regarding the contractually designated function does not require an exact match. They do not reflect guaranteed quality features, but descriptions or characteristics of the delivery or performance. Standard deviations and deviations, which are due to legal provisions or technical improvements, as well as the exchange of components by equivalent parts, are permitted unless they do not affect the usability with respect to the contractually designated function.
3 Information on Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (PLATINUM Pet Food & Care Ltd, Unit 10 Birchills Trading State Emery Road, Brislington Bristol BS4 5PF, phone 01179 717 520, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the Information on Right of Withdrawal
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To PLATINUM Pet Food & Care Ltd, Unit 10 Birchills Trading State, Emery Road, Brislington, Bristol BS4 5PF, firstname.lastname@example.org:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
End of model withdrawal form
Please use our free pick-up service for returning the item. Simply contact our employees via the contact details provided and arrange a time for the item to be picked up by our logistics partner.
Please help us to avoid unnecessary excess postage costs and ensure that you place sufficient postage on the package. We reserve the right to deduct any accumulating extra postage from the refund amount.
5 Time of delivery
(1) Unless a deadline or due date has been agreed upon, deliveries have to be made as fast as can be, normally between 3-5 working days and at the latest within a period of about four weeks. If the deadline is not met, the client has to determine an appropriate extension of time. In order to be able to meet the delivery times and deadlines, it is essential that the client fulfils his duties in time and due form. The plea of non-performance remains reserved.
(2) In the case, the client delays the acceptance or culpably violates other obligations to co-operate, we are entitled to claim compensation of the resulting damage, including possible extra expenses. Further claims and rights remain reserved.
(3) Under the conditions according to clause 2, the risk of an accidental loss or an accidental deterioration of the object of sale passes on to the client at the point of time, at which he delayed the acceptance of delivery.
(4) Clauses 2 and 3 are applicable accordingly, if the delivery is delayed upon the client's request.
(5) According to the legal regulations, we are liable, if the underlying purchase contract is a time bargain. According to the legal regulations we are also liable, if, due to a delivery delay for which we are responsible, the client is entitled to prove that his interest in the further completion of the contract has come into discontinuance.
(6) Furthermore, we are liable according to the legal regulations, if the delay in delivery is due to an intentional or grossly negligent violation of contract for which we are responsible; a fault caused by our representatives or vicarious agents is attributable to us. If the delay in delivery is due to a grossly negligent violation of the contract for which we are responsible, our liability for damage is restricted to the predictable, typically occurring damage.
(7) According to the legal regulations, we are also liable, if the delay in delivery, for which we are responsible, is due to the culpable violation of an essential contractual obligation; in this case, however, the liability for damage is restricted to the predictable, typically occurring damage.
(8) We are not liable for the impossibility of delivery or for the delay in delivery, if they are caused by force majeure or other events unforeseeable at the time of the conclusion of contract , for which we are not responsible (e.g. business disruptions of all kinds, difficulties in the procurement of materials or energy, transportation delays, strikes, legal lockouts, lack of manpower, energy or raw material, difficulties in obtaining the required governmental licences, governmental measurements or the failing, incorrect, delayed delivery by the suppliers).
6 Passing of the risk
(1) If no other arrangement has been made in the order confirmation, we deliver “ex factory”.
(2) We choose the means of transportation. If the client is manufacturer, the risk of accidental loss or accidental deterioration of the goods passes on to the client at the time of delivery, in mail order purchases with the delivery of the goods to the shipping agent, the carrier or any other person or institution appointed for the delivery of the shipment. If the client is consumer, the risk of accidental loss or accidental deterioration of the object of sale passes on to the client with the delivery of the shipment to the client – also in mail order purchases. The delivery is considered to be completed, if the client delays the acceptance.
(3) If the client requests the goods to be stored, also short-term, we reserve ourselves the right, to invoice the storage expenses to the client.
7 Application-technology Consultation
Application and usage of the delivered goods are exclusively in the client's responsibility. Any consultation is a non-binding advice and does not exempt the client from his own control and responsibility.
8 Liability for defects
(1) Prior to dispatch, all products are checked carefully. However, if the goods are in defective condition, the client is entitled, to demand supplementary performance (replacement or correction). Replacement is made on first come first serve basis only. The seller is entitled, to offer the client replacement, if a correction would lead to a disproportional effort. If the supplementary performance fails, the client can withdraw from the contract or reduce the purchase price and assert possible damage claims or replacement of unavailing expenses, if the following conditions are fulfilled.
(2) The client asserts the warranty claim by means of complaint, giving his name and contact details, and shortly describes the reasons for the complaint per mail, e-mail or by telephone, taking into consideration the above mentioned contact details of the seller. Please notify apparent damages of the goods, including transportation damages, immediately, latest, however, within 10 days after delivery of the goods. After this period of time, warranty rights due to an apparent damage are foreclosed. Furthermore, damage claims of the client require, that the client fulfils his possible obligations to examine and to give notice of defects.
(3) Upon request, the client sends the defective goods for examination at the seller’s expense to the above mentioned address of the seller. As far as possible, the client uses the original packaging for the re-shipment. In order to avoid penalty postage, we kindly ask you to stamp the delivery appropriately. Refund will be made in connection with the warranty immediately after receipt of the goods by the seller.
(4) Beyond the liability for defects, the limitation of liability is effective also for tortious claims as well the liability for (pre-)contractual infringements of industrial property obligations, impossibility and delay but not for claims according to the product liability law. Accordingly, the limitation of liability is effective for the personal liability for employees, representatives and vicarious agents of the seller.
If we cannot be made liable for deliberate violation of contract, the liability for damage compensation is restricted to the predictable, typically occurring damage. If we are made liable according to the legal regulations for violation of essential parts of the contract, the liability for damage compensation is restricted to the predictable, typically occurring damage.
(5) Liability is excluded, if no other regulation has been made above. This is also due with respect to the personal liability for damage compensation of our staff, employees, representatives and vicarious agents.
(6) The period of limitation for damage claims of clients, who are not consumers in the sense of the legal regulations, ends after 12 months from passing of risk.
9 Covering reservation of ownership
(1) We reserve the ownership of the object of sale until all payments from the business relation with the client have been received. We are entitled to take the object of sale back, if the client acts in violation of the contract, especially if payments are delayed. By taking back the goods, we revoke the contract. Have the goods been taken back, we are entitled to realize them. The realization profit has to be counted against the obligations of the client - minus reasonable costs for the realization.
(2) The client has to notify us immediately of distraints or other interferences of third parties, so that we may take action. If the third party cannot refund the judicial and extrajudicial costs of a legal action, the client is liable for the deficiency.
(3) The client is entitled to resell the object of sale; however and already now, he assigns all claims amounting to the final invoice amount (including value added tax) of our claims, which accrued from the resale to his buyers or third parties, independent of the fact, that the object of sale has been resold without or after processing. The client remains entitled to collect the claim after assignment. Our power to collect the claim, remains unaffected. However, we obligate ourselves, not to collect the claim, as long as the client meets his payment obligations from the collected proceeds, does not delay payment, does not propose a motion for the institution of a composition or insolvency proceeding or ceases to pay at all. However, if this is the case, we may demand, that the client inform us about the assigned claims and the involved debitors, provides us with all necessary details for collection, hands out the corresponding documents and informs the debitors (third parties) of the assignment.
(4) Processing or transformation of the object of sale by the client is always done for us. If the object of sale has been processed with other parts than those belonging to us, we acquire co-ownership of the new object in relation of the value of the object of sale (final invoice amount, including value added tax) to the other processed objects at the time of the processing. All conditions apply to the object created by processing as do apply to the object of sale delivered under the proviso.
(5) If the object of sale is inseparably processed with parts not belonging to us, we acquire the co-ownership of the new object in relation of the value of the object of sale (final invoice amount, including value added tax) to the other inseparably processed objects at the time of the inseparable processing. If the inseparable processing is done in a way that the object of the client is to be seen as the main object, it is to be considered as agreed upon, that the client passes co-ownership on to us on a pro rata basis. The client holds in custody the thus created sole ownership or co-ownership for us.
(6) Furthermore, the client assigns to us the claims for safeguarding our claims towards him, which result from tying the object of sale up with a real property unit towards a third party.
(7) We obligate ourselves, to release securities for which we are entitled upon request of the client insofar, as the realizable value of our securities exceeds the claims to be secured in more than 10%; the selection of the securities to be released is incumbent on us.
Online Dispute Resolution (ODR platform)
The EU Comission has created an internet platform for online settlement of disputes concerning contractual obligations arising form online contracts. The customer can access the ODR platform through the following link: https://ec.europa.eu/consumers/odr/
We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.