Contractual terms and conditions in the context of purchase contracts concluded via the platform between N. Aliment Central sàrl - hereinafter referred to as „Provider“ - and the customers designated in § 2 of the contract - hereinafter referred to as „Customer“.
§ 1 Scope of application, definitions
(1) The terms and conditions of N. Aliment Central sàrl (hereinafter referred to as the „Supplier“) and the customer (hereinafter referred to as the „Customer“) shall be governed exclusively by the following terms and conditions 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 insofar as the supplier has expressly agreed to their validity in writing. This requirement of consent shall also apply if the offer is submitted or accepted by the supplier with reference to the overriding validity of its own general terms and conditions and/or the supplier performs the service incumbent upon it without reservation in the knowledge of the customer's general terms and conditions.
(2)The customer is a consumer if he concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
(3) Individual agreements made with the customer in individual cases shall in any case take precedence over these GTC.
(4) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, cancellation or reduction) must be made in writing, i.e. in written or text form (letter, e-mail, 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 amended 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 merely serves as an invitation to submit a purchase contract offer. We reserve the right to make customary deviations in our products. Dimensions, illustrations and drawings as well as information on properties and performance characteristics in the context of the presentation of goods and services of the supplier serve solely as preliminary information for the customer and require written confirmation by the supplier in order to be binding.
(2) By submitting an order via the online shop by clicking the „BUY NOW“ button, the customer places a legally binding order. The order may only be placed by persons of legal age.
(3) The provider shall confirm receipt of the order placed via the online shop immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when the supplier accepts the order by means of a declaration of acceptance or by delivering the ordered items.
(5) The prices are ex works including packaging. If the Supplier and the Customer agree in writing that the Supplier's delivery or service is to take place later than four months after conclusion of the contract, the Supplier reserves the right to change its prices vis-à-vis the Customer to the extent that cost reductions or cost increases due to changes in material prices occur after conclusion of the contract. The supplier shall provide the customer with evidence of such changes upon request. All ancillary charges, taxes, freight charges or increases in these relating to the purchased item shall be borne by the customer, unless mandatory statutory provisions provide otherwise.
§ 3 Delivery, availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(2) The supplier is authorised to make partial deliveries at any time, provided this is reasonable for the customer.
The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the customer is required. Unforeseeable and unavoidable events (war, warlike conditions, energy or raw material shortages, sabotage, strike, lawful lockout, as well as all other operational disruptions or official influences for which we are not responsible, such as supply bottlenecks, the Corona 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 deadlines and dates shall be extended by a reasonable amount as a result. This shall also apply to late or improper deliveries or services by our suppliers for which we are not responsible.
§ 4 Retention of title
(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without the written consent of the supplier. The customer is obliged to inform us immediately of enforcement proceedings of any kind and to give us the opportunity to file third-party proceedings; all costs incurred in this respect shall be borne by the customer.
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(3) The customer hereby assigns to the supplier all claims and rights against third parties to which it is entitled from the sale, processing, combination, mixing or other transfer of the goods, including all ancillary and preferential rights. The supplier hereby accepts the assignment. If the delivered goods - regardless of their condition - are sold, processed, mixed or otherwise transferred to third parties, all claims against the third party shall be transferred to the supplier immediately upon their creation without further ado and in full. The customer, who is an entrepreneur, shall only be entitled to retransfer once the liabilities to the supplier have been settled in full. If a claim of the customer against his buyer has already been assigned to a third party, his claims for reassignment against the third party shall be transferred to the supplier.
(4) In the event of access by third parties to the goods subject to retention of title, the customer must inform the third party immediately of the existing rights of the supplier and inform the supplier in full.
(5) The customer is obliged to store the goods subject to retention of title professionally and carefully and to insure them adequately against loss and damage. The customer shall also bear the risk of loss, damage and destruction of the goods subject to retention of title.
(6) The following also applies to an entrepreneur:
The delivered goods shall remain the property of the supplier until all claims of the supplier arising from the business relationship have been settled in full. This shall also apply if the purchase price for individual deliveries has already been paid. The customer may only dispose of goods subject to retention of title in the ordinary course of business.
If the goods are processed, combined or mixed, the retention of title shall also extend to the items produced therefrom. The handling or processing of goods subject to retention of title shall be deemed to have been carried out on behalf of the supplier, without any liabilities arising for him from this. In this respect, the supplier is a dealer. The customer hereby assigns his ownership or co-ownership rights to the processed, combined or mixed items as well as his claims for return to the supplier. The supplier accepts the assignment. He shall store the goods in his possession and subject to retention of title free of charge for the supplier.
§ 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) The shipping costs are stated in the prices in the online shop. The price including VAT and any shipping costs incurred is also displayed in the order form before the customer submits the order.
§ 6 Payment modalities
(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 by bank transfer, EC/Maestro or credit card or PayPal and, in exceptional cases, by SEPA direct debit.
The EC/Maestro or credit card as well as the PayPal account will be debited when the order is finalised.
§ 7 Warranty for material defects, notice of defects, guarantee
(1) The supplier shall be liable for material defects vis-à-vis consumers in accordance with the applicable statutory provisions.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) The following also applies to an entrepreneur:
a) The supplier warrants that the goods are free of defects ex warehouse. The customer must inspect the delivered goods 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 animal feed and protected against loss, destruction and damage. Notices of defects of any kind must be made to the supplier immediately, but at the latest within 7 days of receipt of the goods, but in any case before they are passed on, consumed or processed, stating the alleged individual defects in detail and sending a sample. Complaints which do not fulfil these requirements or which are only made during or after the consumption or processing of the goods will not be taken into account, so that the supplier's warranty obligation shall lapse in this respect. The customer must give notice of non-obvious defects immediately after their discovery, but at the latest within 7 days of their discovery in accordance with the requirements of this lit. b).
c)The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, shall be borne or reimbursed by the provider in accordance with the statutory provisions if a defect actually exists. Otherwise, the provider may demand reimbursement from the customer of the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognisable to the customer.
d) If the complaint is made in good time and is justified, the supplier shall take back the defective parts of the goods, provided they are still in the condition in which they were delivered, and replace them with other goods free of charge, subject to the possibility of delivery. However, the supplier is entitled to refund the purchase price instead of a replacement delivery. If the replacement goods are also defective, the customer shall also be entitled to a reasonable reduction in payment or cancellation of the contract at his discretion.
e) Warranty claims expire 1 year after delivery of the goods.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded 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 fulfilment 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 foreseeable damage typical for the contract if this was only caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favour 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 also 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 declaration (e.g. a letter sent by post, fax or e-mail). You can formulate the cancellation yourself or use the sample cancellation form, although this is not mandatory.
An; N. Aliment Central sàrl
6 around Mierscherbierg, L-7526 Mersch
Tel.: +352 26325330
Fax: +352 26325353
E-mail: 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 your notification of exercising your right of cancellation before the cancellation period expires.
(2) Consequences of cancellation:
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You 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 their condition, properties and functionality.
End of the cancellation policy
(3) The right of cancellation does not apply to distance selling contracts
a) for the delivery of goods that were manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry 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 procedure 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 as part of the processing of contracts. In doing so, it shall comply in particular with the provisions of the General Data Protection Regulation (Regulation EU 2016/679 of 27 April 2016) and all laws that should replace it and/or deal with the protection of personal data (hereinafter referred to as „GDPR“).
(2) The provider shall not use the customer's data for the purposes of advertising, market or opinion research without the customer's prior, express written consent.
(3) You can find our current privacy policy on our website:
www.horse-nutrition.com
www.nac.lu
§ 12 Information on the return of packaging
According to Section 15 (1) VerpackG, as a distributor of transport packaging, sales and secondary packaging that does not typically accumulate as waste with private end consumers after use, sales and secondary packaging that is incompatible with the system, sales packaging containing harmful substances 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 we put into circulation free of charge.
The packaging does not belong in the residual waste, but back into the economic cycle. By returning packaging, you are helping to ensure that it is recycled in an environmentally friendly manner in accordance with the requirements of the German Packaging Act (VerpackG) and making it easier to fulfil the recycling requirements.
§ 13 Final provisions and place of jurisdiction
(1) The law of the Grand Duchy of Luxembourg shall apply exclusively to contracts between the provider and the customer, to the exclusion of 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 - as far as legally permissible - the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any.
Status: February 2025
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