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 agreement – hereinafter referred to as the „Customer“.
§ 1 Scope, Definitions
(1) The terms and conditions of N. Aliment Central sàrl (hereinafter the „Provider“) and the customer (hereinafter the „Customer“) shall be governed exclusively by the following 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, and then only to the extent that the Provider has expressly agreed to their validity in writing. This requirement for consent shall also apply if the Provider submits or accepts an offer with a note regarding the priority of its own general terms and conditions and/or if the Provider unreservedly performs the service incumbent upon it with knowledge of the Customer's general terms and conditions.
(2) The customer is considered a consumer if they conclude a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding the contract.
(3) Individual agreements made with the customer in specific cases shall take precedence over these terms and conditions in all cases.
(4) Legally relevant declarations and notices from the customer concerning the contract (e.g., setting deadlines, notification of defects, withdrawal, or reduction) must be made in writing, i.e., in written or text form (letter, email, fax).
(5) References to the applicability of statutory provisions are for clarification purposes only. Therefore, statutory provisions shall apply even without such clarification, insofar as they are not directly amended or expressly excluded by these GTC.
§ 2 Conclusion of Contract
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 display in offers serves solely as an invitation to submit an offer to conclude a purchase contract. We reserve the right to make customary variations in our products. Dimensions, illustrations, and drawings, as well as information about properties and performance characteristics within the presentation of the provider’s goods and services, are for the customer’s preliminary information only and require written confirmation from the provider to be binding.
(2) By submitting an order through the online shop by clicking the „BUY NOW“ button, the customer is placing a legally binding order. Only persons of legal age may place an order.
(3) The provider shall confirm receipt of orders placed via the online shop without delay by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless it declares acceptance alongside confirmation of receipt.
(4) A contract is only concluded when the provider accepts the order by a declaration of acceptance or by the delivery of the ordered items.
(5) Prices are quoted ex works, including packaging. If the supplier and customer agree in writing that the supplier's delivery or performance is to take place later than four months after conclusion of the contract, the supplier reserves the right, with respect to the customer, to amend its prices within the scope of subsequent cost reductions or cost increases due to changes in material prices after the conclusion of the contract. The supplier shall demonstrate this to the customer upon request. All ancillary charges, taxes, freight charges or increases thereof, relating to the item purchased, are to be borne by the customer, unless mandatory statutory provisions dictate otherwise.
§ 3 Delivery, Product Availability
(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 accepting the order. No contract shall be concluded in this case.
(2) The supplier is entitled to make partial deliveries at any time, provided this is reasonable for the customer.
The occurrence of delivery default is determined by statutory provisions. However, in all cases, a reminder from the customer is required. Unforeseeable and unavoidable events (war, war-like conditions, energy or raw material shortages, sabotage, strikes, lawful lock-outs, as well as all other operational disruptions not attributable to us or official interventions, such as delivery bottlenecks, the Corona pandemic, and the Ukraine conflict) release us from our delivery and performance obligations for the duration of their existence, even if they occur during an existing default. Delivery periods and deadlines will be extended to a reasonable extent as a result. This also applies to deliveries or services from our suppliers that are not attributable to us, are not timely, or are not properly executed.
§ 4 Retention of Title
Until full payment has been received, the delivered goods remain the property of the supplier.
(2) Before the transfer of ownership, pledging, assignment as security, processing or modification is not permitted without the written consent of the supplier. The customer is obliged to inform us immediately of any enforcement proceedings of any kind and to give us the opportunity to file an objection as a third party; all costs incurred in this respect are to be borne by the customer.
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(3) The customer hereby assigns to the supplier any claims and rights against third parties to which they are 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 are sold – in whatever condition – processed, mixed, or otherwise transferred to third parties, all claims against the third party shall immediately transfer to the supplier upon their arising, without further ado and in full. A claim by the customer, who is a business owner, for re-assignment shall only exist after full settlement of the liabilities owed to the supplier. If a claim by the customer against their buyer has already been assigned to a third party, then their claims for re-assignment against the third party shall transfer to the supplier.
(4) In the event of third-party access to the goods subject to retention of title, the customer shall immediately inform the third party of the provider's existing rights and fully inform the provider.
(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 also bears the risk of loss, damage and destruction of the reserved goods.
(6) In addition, for a business owner:
The goods supplied remain the property of the supplier until all claims arising from the business relationship have been fully settled. 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 in the course of proper business management.
If the goods are processed, combined or mixed, the retention of title shall also extend to the resulting items. The processing or treatment of goods subject to retention of title is deemed to have been carried out on behalf of the supplier, without any liabilities arising for him. In this respect, the supplier is a dealer. The customer hereby assigns to the supplier his ownership or co-ownership rights to the processed, combined or mixed items, as well as his claims for surrender. 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
All prices stated on the provider's website are inclusive of the respective statutory value added tax.
(2) Delivery costs are indicated in the prices shown in the online shop. The price, including VAT and any applicable delivery costs, will also be displayed on the order form before the customer submits the order.
§ 6 Payment Terms
Unless otherwise agreed, the purchase price owed by the customer is due immediately upon conclusion of the contract.
(2) In the online shop, customers 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, as they choose.
The charge to your EC/Maestro card or credit card, as well as your PayPal account, will be made upon completion of your order.
§ 7 Warranty for Defects, Notice of Defects, Guarantee
The seller shall be liable for material defects towards consumers in accordance with the statutory provisions applicable hereto.
(2) An additional guarantee for goods supplied by the provider only exists if it has been expressly given in the order confirmation for the respective item.
(3) For a sole trader, the following also applies:
a) The supplier warrants the goods to be free from defects from the warehouse. The delivered goods must be inspected by the customer immediately upon receipt for any defects. 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 from loss, destruction, and damage. Any kind of quality complaints must be raised with the supplier immediately, but no later than 7 days after receipt of the goods, and in any case before passing on, consumption, or processing. These complaints must specify the individual defects claimed and include a sample. Quality complaints that do not meet these requirements or are raised only upon or after consumption or processing of the goods will not be considered, so that the supplier's warranty obligation is excluded in this respect. Non-obvious defects must be reported by the customer immediately after their discovery, but no later than 7 days after discovery, in accordance with the requirements of this lit. b).
c) The costs necessary for inspection and rectification, 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 for the costs incurred by the unjustified request for defect rectification (in particular inspection and transport costs), unless the lack of a defect was not recognisable to the customer.
d) If the notice of defects is made in good time and properly, the supplier shall take back the defective parts of the goods, insofar as they are still in the condition in which they were delivered, and, subject to availability, replace them free of charge with other goods. However, the supplier is entitled to refund the purchase price instead of providing a replacement. If the replacement goods are also defective, the customer shall have the right, at his discretion, to a commensurate reduction in the price or to the rescission of the contract.
e) Warranty claims expire 1 year after delivery of the goods.
§ 8 Liability
Customer claims for damages are excluded. This does not apply to customer claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor does it apply to 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 contractually typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.
(3) The restrictions in paragraphs (1) and (2) also apply in favour of the statutory representatives and vicarious agents of the provider if claims are made directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Right of withdrawal information
If the customer is a consumer, the following also applies:
Cancellation Policy
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal 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 part deliveries).
If you wish to revoke the contract, you can inform us of your decision to revoke this contract by means of a clear declaration (for example, a letter sent by post, fax or email). You can formulate the revocation yourself or use the sample revocation form, although this is not mandatory.
An; N. Aliment Central sàrl
6 um Mierscherbierg, L-7526 Mersch
Tel: +352 26325330
Fax: +352 26325353
E-Mail: info@nac.lu
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*) / Received on (*)
- Consumer's name
- Consumer's address
- Consumer's signature (for paper notification only)
- Date
To keep to the cancellation period, it is sufficient to send the notification of exercising the right of cancellation before the cancellation period expires.
(2) Consequences of withdrawal:
If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days of the day on which we receive notice of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this refund. We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier date.
You must send back or hand over the goods to us without delay 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 dispatch the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods if this diminished value is due to handling of the goods which is not necessary for testing their condition, characteristics and functioning.
End of cancellation policy
(3) The right of withdrawal does not apply to distance contracts
a) for the supply of goods made to customer specifications or which are clearly tailored to personal needs or which are unsuitable for return due to their nature or which may spoil quickly or whose expiry date would be exceeded,
b) for the supply of audio or video recordings or software, provided that you have unsealed the supplied data carriers.
TO THE CANCELLATION FORM
§ 10 Dispute resolution proceedings before a consumer arbitration body
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
§ 11 Data Processing Information
(1) The provider collects customer data as part of contract processing. In doing so, they shall pay particular attention to 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 relate to the protection of personal data (hereinafter referred to as „GDPR“).
(2) Without the prior, express written consent of the customer, the provider shall not use the customer's data for advertising, market research, or opinion polling purposes.
(3) You can find our current privacy policy on our websites at any time:
www.horse-nutrition.com
www.nac.lu
§ 12 Information on the return of packaging
Under § 15 (1) of the Packaging Act (VerpackG), as distributors of transport packaging, sales packaging and secondary packaging which, after use, are not typically discarded as waste by private end consumers, we are obliged to take back used, emptied packaging material of the same type, form and size as the packaging material we have placed on the market, free of charge, provided that it is system-incompatible sales and secondary packaging, sales packaging containing hazardous filling substances, or reusable packaging.
The packaging does not belong in the residual waste, but rather back into the circular economy. By returning it, you help to ensure environmentally sound recycling in accordance with the Packaging Act and facilitate compliance with 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 shall be – insofar as legally permissible – the provider's registered office.
(3) The contract shall remain binding in its other parts even if individual points are legally invalid. In place of the invalid points, the statutory regulations shall apply, insofar as they exist.
Status: February 2025