1. General terms and conditions
1.1. Scope
1.2. Data protection
1.2.1 Validity of specific data protection agreements
1.2.2 Responsible body
1.2.3 Collection and processing of personal data
1.2.4 Use of the data
1.2.5 Disclosure of data to third parties
1.2.6 Storage period
1.2.7 Rights of the data subjects
1.2.8 Amendment of the data protection provisions
1.3 Reminder and default of payment
1.4 Amendment of the General Terms and Conditions
1.5 Miscellaneous
2. General terms and conditions - online Shop
2.1. Scope - online Shop
2.2 Contractual partner, conclusion of contract, correction options - online shop
2.3 Contract language, contract text storage - online shop
2.4 Availability - online shop
2.5 Terms of delivery - online shop
2.6. Payment - online shop
2.7 Right of withdrawal - online shop
2.8 Retention of title - online shop
2.9 Warranty and guarantees - online shop
2.9.1 Liability for defects - online store
2.9.2 Warranties and customer service - online shop
2.10. Liability - online shop
2.11. Dispute resolution - online shop
3. General terms and conditions - use of seals
3.1 Seal use - scope of application
3.2 Product seal
3.2.1 Usage contribution - product seal
3.2.2 Direct debit - product seal
3.3. 1-cent seal
3.3.1 Usage contribution - 1-cent seal
3.3.2 Billing period and annual reporting - 1-cent seal
3.3.3 Direct debit - 1-cent seal
The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between Ökologische Tierzucht gGmbH (ÖTZ), Kaiserstr. 18, 55116 Mainz (company headquarters) or Auf dem Kreuz 58, 86152 Augsburg (administrative headquarters) and its customers or contractual partners, unless otherwise agreed in writing.
These GTC apply exclusively to:
Deviating, conflicting or supplementary general terms and conditions of the customer, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
These GTC apply to all services provided via the website and the web store [www.oekotierzucht.de/www.oekotierzucht.com] and other channels, as well as to other contractual relationships such as usage agreements, insofar as these services are expressly subject to these GTC.
Please note that specific data protection agreements apply to the following services and contractual relationships, which were concluded with you as part of the respective contract or visit:
In the following, we provide basic information on the processing of personal data in relation to all contracts, deliveries and other services provided by ÖTZ.
The controller for the processing of your personal data pursuant to Art. 4 (7) of the General Data Protection Regulation (GDPR/DSGVO) is:
Ökologische Tierzucht gemeinnützige GmbH (ÖTZ)
Auf dem Kreuz 58
86152 Augsburg
Phone: +49 7551 9375436
E-mail address: info@oekotierzucht.de
We use the personal data provided to us exclusively for the following purposes:
After non-payment and expiry of the payment deadline, but no later than 30 days after invoicing, default of payment shall occur. ÖTZ may then initiate legal dunning proceedings or assign the claim to a debt collection partner of its choice. If payment is still not made, contracts and agreements can be terminated with immediate effect.
In the event of default of payment, interest shall be charged in accordance with the respective bank rates for short-term loans, but at least interest in the amount of 5% points above the respective base interest rate of the German Federal Bank, which the German Federal Bank publishes in the Federal Gazette (cf. § 288 II BGB). The applicable statutory provisions shall apply to the occurrence of default.
These General Terms and Conditions may be amended at any time unilaterally and by notification by the management of ÖTZ.
The notification of change can also be made in electronic form. The notification of change by electronic means shall be deemed to have been delivered if the outgoing protocol from the ÖTZ is free of transmission errors.
Ammendments that lead to a deterioration in the legal position of the contractual partner shall entitle the latter to extraordinary termination of the respective type of contract.
Notice of termination must be given in writing and within four weeks of receipt of the notification of change.
The regulations applicable until then will become ineffective once the new provisions come into force.
Should individual provisions of these General Terms and Conditions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, Mainz shall be the place of jurisdiction for all disputes arising from or in connection with contracts between ÖTZ and the contractual partner.
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and entrepreneurs.
The General Terms and Conditions apply both to hatching eggs produced by Ökologische Tierzucht under its own responsibility and to hatching eggs traded in cooperation with third parties. Hatching eggs provided by cooperation partners are clearly marked as such in the store. Furthermore to all accompanying products offered in the online store.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
The purchase contract is concluded with Ökologische Tierzucht gGmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
We accept your offer by
The relevant alternative for you depends on which of the events listed occurs first.
Ökologische Tierzucht gGmbH reserves the right to refuse a sale or to withdraw from an offer already accepted by immediate payment (see under “Payment”) if the products / commercial crosses / purebreds are not available (see under “Availability”).
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
Due to internal processes (e.g. remounting of breeding flocks) and seasonal fluctuations, not all hatching eggs of all commercial crosses and purebred animals are available in all order sizes at all times.
If it is not possible to deliver within 14 days due to the availability of commercial crosses or due to the scope of delivery, Ökologische Tierzucht will contact the customer and arrange an alternative delivery date.
In the event that the delivery period is delayed by more than 6 weeks due to availability, Ökologische Tierzucht gGmbH shall grant the buyer the unilateral right to withdraw from the purchase contract.
We ship the products to the delivery address specified in the order process.
Wir versenden die Produkte innerhalb von 14 Tagen nach Eingang der Zahlung oder der Bestellbestätigung (bei Kauf auf Rechnung).
Hatching eggs from Ökologische Tierzucht gGmbH can be collected from Ökologische Tierzucht gGmbH, Kapellenhofstraße, Goch-Hommersum, Germany during the following business hours: 9:00 am to 4:00 pm. A confirmed appointment is absolutely necessary for collection on site.
For products that are offered in the online store on behalf of third parties, you generally have the option of picking them up on site at the shipping addresses specified in the store. A confirmed appointment is absolutely necessary for collection on site.
Should climatic conditions make it necessary (foreseeable periods of heat or cold), Ökologische Tierzucht gGmbH reserves the right to postpone the delivery dates accordingly. The delay in delivery will be communicated accordingly by telephone or in writing to the e-mail address provided.
We do not deliver to packing stations.
The following payment methods are available in our shop:
Consumers are entitled to the legal right of revocationas described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The product remains our property until full payment has been made.
For entrepreneurs, the following additionally applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
The hatching rate of the hatching eggs is subject to external factors over which Ökologische Tierzucht gGmbH has no influence, such as transportation and the temperature control of the hatching process. Ökologische Tierzucht gGmbH cannot guarantee the overall hatching rate of the purchased hatching eggs.
The sex distribution of the animals bred from the hatching eggs is statistically 50:50 / male:female. Depending on the size of the order, the actual sex distribution within the individual deliveries may deviate significantly from the statistical average. Ökologische Tierzucht gGmbH has no influence on the actual gender distribution and therefore cannot guarantee an even distribution.
The laying and fattening performance of the animals reared from the hatching eggs is subject to a number of external factors in feeding and husbandry management over which Ökologische Tierzucht gGmbH has no influence. Ökologische Tierzucht gGmbH cannot guarantee the overall laying and fattening performance.
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Ökologische Tierzucht gGmbH is licensed in accordance with the EU Hygiene Regulation (BmTierSSchV) with regard to the movement of poultry and hatching eggs for intra-Community trade. All hygiene measures are carried out at all times in accordance with good professional practice and under the supervision of the responsible authorities and the supervising veterinarian. A residual risk of diseases, infections and parasite infestations, as well as an introduction into the customer's existing flocks, cannot be completely ruled out. Liability is excluded.
This applies in particular to hatching eggs distributed by the ÖTZ on behalf of third parties.
Ökologische Tierzucht gGmbH assumes no liability for delivery damage to hatching eggs. Hatching eggs are packed according to good professional practice and insured for the value of the delivery against the shipping service provider. ÖTZ shall support the customer in enforcing any claims for damages against the shipping service provider.
Otherwise, claims for damages are excluded.
The regulations in Chapter 3.1. refer to the special terms and conditions of use of the ÖTZ seals, in this case the ÖTZ product seals “Organic breeding - dual-purpose chicken” and “1-cent seal”. The General Terms and Conditions for the use of seals apply in addition to Chapter 1 General Terms and Conditions.
In return for the use of the seal, the ÖTZ charges an annual user fee of €150 net. The usage fee can be increased or decreased unilaterally by the management of the ÖTZ. Any change to the amount of the fee must be notified to the seal user.
If the contract is concluded and payment begins in the second half of the year, the usage fee for the remaining year is reduced by 50% of the annual fee.
The annual fee is charged at the beginning of each year by March 31 at the latest for the respective year. The membership fee is generally paid by Sepa direct debit mandate. In justified exceptional cases, payment by bank transfer is possible.
The contributions are settled annually. For the annual declaration of the number of traded consumer eggs from conventional breeding, the current ÖTZ reporting form must be used.
Die Förderbeiträge werden grundsätzlich fortlaufend unterjährig in Form von monatlichen Abschlagsrechnungen eingezogen oder in Rechnung gestellt. Basis für die monatlichen Abschlagsrechnungen sind die Vorjahresbeiträge, bei Neuverträgen die im Rahmen der Nutzungsvereinbarung angezeigten Mengen. Nach Vereinbarung können statt monatlichen Abschlagsrechnungen auch vierteljährliche, halbjährliche oder Jahres- Rechnungen eingezogen oder in Rechnung gestellt werden.
The ÖTZ provides the data collection forms for the annual report by December 15 of the respective year. The seal user reports the number of traded consumer eggs from non-organic breeding by 31.01. of the following year at the latest. Based on the reported data, ÖTZ will prepare a final annual invoice for the previous year by March 31 at the latest and adjust any agreed advance payments.
If an annual report is not submitted or if the annual report is incomplete even after two requests by ÖTZ, ÖTZ is entitled to issue an assessment invoice based on the previous year's sales or, alternatively, on the estimated quantities specified in the usage agreement plus a 10 percent surcharge.
The obligation to report missing data also continues to apply to declaratory invoices; late reports up to June 30 of the following year are taken into account in the form of corrective invoices; corrections after July 1 of the following year can no longer be taken into account.
Contributions are generally paid by Sepa direct debit mandate. In justified exceptional cases, payment by bank transfer is possible.
The seal user must ensure that there are sufficient funds in the account. If direct debits fail due to insufficient funds or unjustified objection (correctness of order, delivery, invoice and direct debit authorization), the seal user will be charged the bank fees for returning the direct debit as well as a processing fee of EUR 10 per returned direct debit.
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