Terms and conditions within the framework of purchase agreements concluded via the platform between N. Aliment Central sàrl – hereinafter referred to as the “Provider” – and the customers designated in § 2 of the contract – hereinafter referred to as the “Customer”.
§ 1 Scope, Definitions
(1) For the business relationship between N. Aliment Central sàrl (hereinafter “Provider”) and the Customer (hereinafter “Customer”), the following terms and conditions shall apply exclusively in the version valid at the time of the order. Any deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing. This requirement for consent shall apply even if the Provider makes or accepts an offer with reference to the priority of its own General Terms and Conditions and/or if the Provider performs the service incumbent upon it without reservation while being aware of the Customer’s General Terms and Conditions.
(2) The Customer is a consumer insofar as they conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(3) Individual agreements made with the Customer in specific cases shall in all instances take precedence over these GTC.
(4) Legally relevant declarations and notices by the Customer in relation to the contract (e.g., setting of deadlines, notice of defects, withdrawal, or reduction) must be submitted in writing, i.e., in written or text form (letter, email, fax).
(5) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly modified or expressly excluded in these GTC.
§ 2 Conclusion of Contract
(1) The presentation of goods and services in offers and in the online shop does not constitute a binding offer by the Provider to conclude a contract. The product presentation in offers serves merely as an invitation to submit a purchase offer. We reserve the right to standard commercial deviations in our products. Dimensions, illustrations, and drawings, as well as information on properties and performance characteristics within the framework of the presentation of the Provider’s goods and services, serve solely as preliminary information for the Customer and require written confirmation by the Provider to be binding.
(2) By submitting an order via the online shop by clicking the “BUY NOW” button, the Customer submits a legally binding order. The order may only be placed by persons of legal age.
(3) The Provider will immediately confirm receipt of the order placed via the online shop by email. Such an email does not yet constitute a binding acceptance of the order, unless acceptance is declared at the same time as the confirmation of receipt.
(4) A contract is only concluded when the Provider accepts the order by means of a declaration of acceptance or by delivery of the ordered items.
(5) Prices are ex works including packaging. If the Provider and the Customer agree in writing that the Provider’s delivery or service is to take place more than four months after the conclusion of the contract, the Provider reserves the right to change its prices to the extent that cost reductions or cost increases occur after the conclusion of the contract due to changes in material prices. The Provider will provide proof of these to the Customer upon request. All ancillary fees, taxes, freight charges, or increases thereof concerning the purchased item shall be borne by the Customer, unless mandatory statutory provisions dictate otherwise.
§ 3 Delivery, Availability of Goods
(1) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(2) The Provider is entitled to make partial deliveries at any time, provided this is reasonable for the Customer.
The occurrence of delivery delay is determined by statutory provisions. In any case, however, a reminder by the Customer is required. Unforeseeable and unavoidable events (war, war-like conditions, energy or raw material shortages, sabotage, strikes, lawful lockouts, as well as all other operational disruptions or official actions for which we are not responsible, such as supply bottlenecks, the COVID-19 pandemic, and the Ukraine conflict) release us from the obligation to deliver and perform for the duration of their existence, even if they occur during an already existing delay. Delivery periods and dates shall be extended accordingly to a reasonable extent. This also applies to deliveries or services from our suppliers that are not timely or not proper for reasons beyond our control.
§ 4 Retention of Title
(1) The delivered goods remain the property of the Provider until full payment has been made.
(2) Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation is not permitted without the written consent of the Provider. The Customer is obliged to inform us immediately of any enforcement proceedings of any kind and to give us the opportunity to file a third-party claim; all costs incurred in this regard shall be borne by the Customer.
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(3) The Customer hereby assigns to the Provider all claims and rights against third parties arising from the sale, processing, combination, mixing, or other transfer of the goods, including all ancillary and preferential rights. The Provider hereby accepts the assignment. If the delivered goods are sold, processed, mixed, or otherwise transferred to third parties—regardless of their condition—all claims against the third party shall pass to the Provider in full immediately upon their occurrence without further action. A claim by a Customer who is an entrepreneur for re-assignment only exists after full settlement of the liabilities towards the Provider. If a claim of the Customer against their customer has already been assigned to a third party, their claims for re-assignment against the third party shall pass to the Provider.
(4) In the event of access by third parties to the goods subject to retention of title, the Customer must immediately point out the Provider’s existing rights to the third party and inform the Provider fully.
(5) The Customer is obliged to store the goods subject to retention of title professionally and carefully and to insure them sufficiently against loss and damage. The Customer also bears the risk of loss, damage, and destruction of the reserved goods.
(6) For an entrepreneur, the following additionally applies:
The delivered goods remain the property of the Provider until all claims of the Provider arising from the business relationship have been settled in full. This also applies if the purchase price for individual deliveries has already been paid. The Customer may only dispose of goods subject to retention of title within the framework of proper business management.
If the goods are processed, combined, or mixed, the retention of title also extends to the items manufactured as a result. The processing or transformation of goods subject to retention of title is deemed to have been carried out on behalf of the Provider without any liabilities arising for the Provider. The Provider is considered the dealer in this respect. The Customer hereby assigns their ownership or co-ownership rights to the processed, combined, or mixed items, as well as their claims for surrender, to the Provider. The Provider accepts the assignment. The Customer shall store the goods in their possession that are subject to retention of title for the Provider free of charge.
§ 5 Prices, Shipping Costs, and Transfer of Risk
(1) All prices stated on the Provider’s website include the applicable statutory value-added tax.
(2) Shipping costs are stated in the price information in the online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before the Customer submits the order.
§ 6 Payment Terms
(1) Unless otherwise agreed, the purchase price owed by the Customer is due immediately upon conclusion of the contract.
(2) In the online shop, the Customer can pay the purchase price and shipping costs at their choice by bank transfer, EC/Maestro or credit card, or via PayPal and, in exceptional cases, by SEPA direct debit.
The EC/Maestro or credit card as well as the PayPal account will be charged upon completion of the order.
§ 7 Warranty for Material Defects, Notice of Defects, Guarantee
(1) The Provider is liable for material defects towards consumers in accordance with the applicable statutory provisions.
(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective item.
(3) For an entrepreneur, the following additionally applies:
a) The Provider warrants the defect-free condition of the goods ex warehouse. The delivered goods must be inspected by the Customer for any defects immediately upon receipt. The obligation to inspect extends to the entire delivery.
b) The goods must be stored properly and in a place suitable for feed and protected from loss, destruction, and damage. Notices of defects of any kind must be submitted to the Provider immediately, but at the latest within 7 days after receipt of the goods, and in any case before transfer, consumption, or processing, specifying the alleged individual defects and sending a sample. Notices of defects that do not meet these requirements or are only submitted during or after the consumption or processing of the goods will not be considered, so that the Provider’s warranty obligation is waived in this respect. The Customer must report non-obvious defects immediately after their discovery, but at the latest within 7 days after discovery, in accordance with the requirements of this lit. b).
c) The expenses required for the purpose of inspection and supplementary performance, in particular transport, travel, labor, and material costs, shall be borne or reimbursed by the Provider in accordance with the statutory regulations if a defect actually exists. Otherwise, the Provider may demand reimbursement from the Customer for the costs incurred from the unjustified request for defect rectification (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the Customer.
d) If the notice of defects is submitted in time and is justified, the Provider will take back the defective parts of the goods, provided they are still in the condition of delivery, and replace them free of charge with other goods, subject to delivery availability. However, the Provider is entitled to refund the purchase price instead of a replacement delivery. If the replacement goods are also defective, the Customer shall, at their choice, also be entitled to a reasonable reduction of the remuneration or cancellation of the contract.
e) Warranty claims expire 1 year after delivery of the goods.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. Excepted from this are claims for damages by the Customer arising from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from an injury to life, limb, or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation Policy
If the Customer is a consumer, the following additionally applies:
(1) Cancellation Policy
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods/the last goods (in the case of partial deliveries).
If you wish to cancel the contract, you can inform us of your decision to cancel this contract by means of a clear statement (for example, a letter sent by post, fax, or email). You can formulate the cancellation yourself or use the model cancellation form, which is however not mandatory.
To: N. Aliment Central sàrl
6 um Mierscherbierg, L-7526 Mersch
Tel.: +352 26325330
Fax: +352 26325353
Email: info@nac.lu
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
To meet the cancellation deadline, it is sufficient for you to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.
(2) Consequences of Cancellation:
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties, and functioning of the goods.
End of the cancellation policy
(3) The right of cancellation does not exist for distance contracts
a) for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiration date would be exceeded,
b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
TO THE CANCELLATION FORM
§ 10 Dispute Resolution Proceedings before a Consumer Arbitration Board
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Notes on Data Processing
(1) The Provider collects Customer data within the framework of processing contracts. In doing so, it particularly observes the provisions of the General Data Protection Regulation (Regulation EU 2016/679 of April 27, 2016) and all laws that should take its place and/or have the protection of personal data as their subject (hereinafter abbreviated as “GDPR”).
(2) Without the prior, express written consent of the Customer, the Provider will not use Customer data for purposes of advertising, market, or opinion research.
(3) You can find our current privacy policy on our websites:
www.horse-nutrition.com
www.nac.lu
§ 12 Information on the Return of Packaging
According to § 15 para. 1 VerpackG, as distributors of transport packaging, sales and outer packaging that typically do not accumulate as waste at private end consumers after use, system-incompatible sales and outer packaging, sales packaging of goods containing pollutants, or reusable packaging, we are obliged to take back used, completely emptied packaging material of the same type, shape, and size as the packaging material placed on the market by us free of charge.
The packaging does not belong in the residual waste, but back into the economic cycle. By returning it, you help to ensure environmentally friendly recycling in accordance with the requirements of the VerpackG and to facilitate the fulfillment of recycling requirements.
§ 13 Final Provisions and Jurisdiction
(1) Contracts between the Provider and the Customer shall be governed exclusively by the law of the Grand Duchy of Luxembourg, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is—to the extent permitted by law—the registered office of the Provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions shall apply, if available.
Status: February 2025