Terms & Conditions

1. General

1.1. Under the Internet address www.nutricanis.com, Clovershell Ltd., Managing Director Stefan Butzal, nutricanis.com (hereafter “Clovershell Ltd.”, “nutricanis.com”) operates an online store for the sale of dog food with the following postal address: Clovershell Ltd., Emmanouel Roides Street, Kirzis Center, Block D, Office D25, 3031 Limassol, Cyprus.

1.2. The following Terms and Conditions form part of any contract between Clovershell Ltd. and the customer.

1.3. Transactions are processed and deliveries carried out exclusively pursuant to the following Terms and Conditions, which form the basis for all contracts concluded with us with regard to the content of our website. Customer Terms and Conditions that conflict with or deviate from the following provisions shall not apply unless we have agreed to their validity in writing. The following Terms and Conditions also apply exclusively if we carry out delivery and provide service without reservation while aware of customer conditions that conflict with or deviate from our own. By clicking the [Place Order] button, you are placing a binding order for the goods contained in your shopping cart.

1.4. Such orders and our deliveries and services are exclusively subject to the version of the following General Terms and Conditions that is valid at the time of the order. We do not accept any customer terms that deviate from these Terms and Conditions unless we have expressly agreed to their validity in writing.

1.5. Where business days are specified as deadlines, these include all days except Saturdays, Sundays and public holidays.

2. Options for saving and viewing your contract

2.1. We save a copy of each contract and send you your order information by email. Past orders can be viewed in your account.

3. Cancellation policy

3.1 Right of cancellation
You have the right to cancel the order within 14 days without giving a reason. Cancellation may either be requested in writing (e.g. letter, fax, email) or - if the goods have been delivered to you before the deadline - by returning the goods. The cancellation period begins upon receipt of such notification in writing, but not before delivery of the goods to the recipient (or, for repeat deliveries of identical goods, not before receipt of the first delivery) and also not before fulfilment of our obligations under Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) and our obligations pursuant to § 312g (1) Clause 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation or the goods shall suffice to meet the cancellation deadline.

Cancellations and returns should be sent to:
nutricanis Versandlager
BOREK Kommunikation GmbH
Lüttgenröder Str. 4
38835 Osterwieck

Consequences of cancellation
In the event of a valid cancellation, the payments or goods received by both parties are to be returned and, if necessary, any profit made (e.g. interest) surrendered. If you are unable to return the goods or benefits (e.g. advantages of usage) received, either in part or in full, or if you can return them only in an impaired condition, compensation must be paid accordingly. This shall not apply if the impairment of the goods is due exclusively to the examination of the goods, as would have been possible for you in a shop, for example. Goods eligible for shipping will be returned at our risk and cost. Obligations to refund payments must be met within 30 days. For you, this period shall commence upon dispatching notice of cancellation or the goods, and for us upon receipt thereof.

Exceptions to the right of cancellation
In accordance with § 312 (4) BGB (German Civil Code) the right of cancellation does not apply to contracts pertaining to the delivery of goods that are not suitable for return, can spoil quickly or the expiration dates of which have passed.

End of the cancellation policy

4. Important notes

4.1. The goods offered in the web shop are displayed on the website in the form of images. The actual appearance of the goods may differ slightly from the representation on the website. Such deviations do not constitute defects in the goods ordered.

4.2. Please note that the products displayed in our web shop may no longer be available or their prices may have changed at the time of your visit to our web shop. Prices are shown in euros including VAT and excluding shipping costs.

4.3. Clovershell Ltd. is entitled to make partial deliveries.

5. Conclusion of contract

5.1. Your contractual partner is Clovershell Ltd., Emmanouel Roides Street, Kirzis Center, Block D, Office D25, 3031 Limassol, Cyprus.

5.2. Contracts in our web shop may be concluded in English.

5.3. Our promotional offers are subject to change unless otherwise expressly agreed or stated.

5.4. The display of products in our online shop does not imply a legally binding offer but rather a non-binding online catalogue. By clicking the “Buy now” button, you are placing a binding order for the goods contained in your shopping cart. Receipt of your order will be confirmed automatically by email, together with the acceptance of your order, immediately after you place it. This email confirmation concludes the purchase agreement.

5.5. We are entitled to reject your order without indicating any reason, in particular if there is a well-founded suspicion that the merchandise purchased via the Internet will be sold to third parties commercially.

6. Delivery, shipping and costs

6.1. Goods shall be shipped within Germany using the shipping company specified.

6.2. The delivery of goods/products is subject to the respective costs incurred. Orders for goods/products that exceed a total value of €49 are shipped free of charge to United Kingdom, Belgium, Denmark, France, Germany - including the islands, Luxembourg, Netherlands, Austria. Otherwise, the shipping fee for deliveries to these countries is €3.90.

 Orders for goods/products that exceed a total value of €99 are shipped free of charge to Finland, Ireland, Italy, Poland, Portugal, Sweden, Spain, Czech Republic. Otherwise, the shipping fee for deliveries to these countries is €9.90.

 Orders for goods/products that exceed a total value of €150 are shipped free of charge to Switzerland. Otherwise, the shipping fee for deliveries to Switzerland is €39.90.

 To get some information about shipping fee to Australia, China, Hong Kong, Japan, Malaysia, Singapore, South Korea, Taiwan, United States - please contact our customer service. We are currently unable to supply customers in Bulgaria, Estonia, Finland, Greece, Croatia, Latvia, Lithuania, Malta, Romania, Hungary and other countries outside the EU (except Switzerland and Norway).

6.3. Orders placed via our Internet shop are subject to the prices listed at the time of order. The purchase prices indicated are final prices, i.e. they include VAT at the statutory rate applicable at the time of order and other price components.

6.4. We assure you that both we and our suppliers and service providers do our best to ensure you receive your packages on time as promised. Exceptions that may cause an extension of our delivery times include delivery delays due to force majeure (including storm damage, snow and flooding), government intervention or labour disputes. Force majeure shall be equated with obstructions for which we have not been culpable. The buyer will be informed of the beginning and end of such obstructions. If the obstruction in the aforementioned cases persists for longer than four weeks, the customer is entitled to withdraw from the order contract. Further claims, in particular claims for compensation, shall not apply.

6.5. With your order you will receive a return form and return label. Would you like to return something to us, please fill out the return form and put it together with the corresponding items in the box. You have the option to return the ordered items without the return form to us. Your right of withdrawal naturally remains unaffected.
In order to make the return as easy as possible we have already taken the postage for the return for you. Simply stick the return label on the box.

7. Payment

The payment methods available when making purchases on nutricanis.com are specified during the ordering process. These include: PayPal, credit card and immediate transfer.

Payment by credit card
For credit card payments, we collaborate with the payment service provider Ogone. When paying by credit card, your credit card information can be entered on our secure payment pages. Your data, encrypted via the SSL system, will then be forwarded directly to the credit card institution by Ogone. Ogone also implements the credit card check and automatically debits the invoice amount upon successful completion.

Wirecard processes our customers’ credit card payments. In this capacity, Wirecard is acting as a ‘controller’ under Article 4 (7) of the General Data Protection Regulation (GDPR). As a ‘controller’ as defined in Article 4 (7) GDPR, Wirecard must inform our customers pursuant to Article 13 GDPR: https://www.wirecardbank.com/GDPR

After the transaction, deliveries are dispatched within 24 hours. We will process your order within delivery time Germany 1- 2 days; Austria, Netherlands, Belgium, Switzerland 2 days; Denmark, Luxembourg, United Kingdom 2 - 3 days; France 3 days; Italy, Sweden 5 - 7 days; Ireland 5 - 8 days; Poland, Czech Republic 4 - 6 days; Finland 6 - 7 days; Portugal, Spain 6 - 8 days.

Credits from returns will be credited back to your credit card. We accept the following credit cards: Visa, MasterCard.

Payment by immediate transfer
We also offer the option to pay by immediate transfer. In this case, we receive the credit transfer immediately, which accelerates the entire ordering process. All you need is an account number, bank code, PIN and TAN. Using the secure payment form provided by Sofort AG, which is not accessible by vendors, Sofortüberweisung automatically organises a transfer from your online bank account in real time. The purchase amount is transferred instantly and directly to the bank account of the vendor. 
Our service is free for you as a customer; the only costs you will incur are the fees (transaction fee) at your local bank.

When you choose the immediate transfer payment method, a pre-populated form will open at the end of the ordering process. This form already contains our bank details as well as the transfer amount and the reason for the transfer. First, select the country in which your online bank account was opened and enter the bank code. Then, enter the same data you provide when logging into your bank’s online banking platform (account number and PIN).  
Confirm your order by entering the TAN. You will then receive immediate confirmation of the transaction.

Generally, any Internet user can use immediate transfer as a payment method if he or she has an online bank account that uses the PIN/TAN system. Please note that some banks do not yet offer immediate transfers. For more information about whether your bank supports this service, visit: https://www.paymentnetwork.com/de/user/sofortueberweisung-bankensuche.html.

Payment by PayPal
If you select PayPal as your payment method, you will be directed to the PayPal payment page following the order process. Here, you can enter your account information and confirm the payment to Clovershell Ltd.. The payment will be made immediately. Credits from returns will be credited to your PayPal account.

8. Reservation of proprietary rights, set-off, right of retention, re-sale

8.1. In case of contracts concluded with consumers, we reserve proprietary rights to the goods until full payment of the purchase price is received. If you are a business owner acting in the execution of your commercial or independent business activity, a legal entity under public law or special fund under public law, we reserve proprietary rights to the goods until full payment of all outstanding claims from the business relationship with the customer is received. The corresponding security interests may be transferred to third parties.

8.2. You shall have set-off rights only if your counterclaims have been confirmed by a court order or if they are undisputed and accepted by us. Furthermore, a right of retention only exists if and in as far as your claim is based on the same contractual relationship. 

8.3. If a customer is in payment arrears with regard to any payment obligation, all outstanding claims shall fall due immediately. 

8.4 Products ordered from Clovershell Ltd. on platforms such as eBay, Amazon, Yatego and others may only be resold by end customers and not by businesses.

9. Order-related questions or complaints

9.1. For service enquiries, please contact our customer service team: 
Clovershell Ltd., Emmanouel Roides Street, Kirzis Center, Block D, Office D25, 3031 Limassol, Cyprus, Phone: 00800 - 1111 7777
Outside of business hours, you can use the contact form and we will get back to you as soon as possible.

10. Warranty and liability

10.1. Clovershell Ltd. shall be liable for intentional damages or damages as a result of gross negligence, claims according to the provisions on product liability, due to warranties and for injury to life, body or health under the statutory provisions.

10.2. Clovershell Ltd. shall only assume liability for damages arising from regular or simple negligence by Clovershell Ltd. or its agents if an important contractual obligation (cardinal obligation) has been violated or in the case of default or impossibility. In case of the violation of an important contractual obligation, Clovershell Ltd. shall only assume liability for typical and foreseeable damages.

10.3. Subject to the above provisions, statutory warranty rights shall apply.

11. Changes to the General Terms and Conditions

11.1. We reserve the right to change our General Terms and Conditions, insofar as they have been introduced into the contractual relationship with the customer, if this is necessary to eliminate infractions of equivalence that may emerge subsequently or to adapt to changing legal or technical conditions. We will inform our customers of such amendments by making known the contents of the revised regulations. The change will become part of the contract if the customer does not object to its inclusion in the contract in writing within 6 weeks of receipt of notification.

12. Choice of law, effectiveness

12.1. German law shall apply in accordance with the German Civil Code (BGB) and the German Commercial Code (HGB), excluding the UN Sales Convention.

12.2. Severability clause
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should there be an omission in the contract, the validity of the remaining provisions or parts thereof shall not be affected. In place of the invalid or missing provisions, the respective legal regulations shall apply.

12.3. The place of jurisdiction for all disputes arising from or in connection with the use of the services of Clovershell Ltd. described above is Hamburg, provided that the user is a merchant in the sense of the German Commercial Code or a person without permanent residence in Germany or insofar as the user has moved his permanent residence abroad after the effective date of these Terms, or if the user's residence or permanent dwelling is unknown at the time of filing a complaint.

12.4. These Terms and Conditions are available only in German language and are not stored.

German Battery Act; important information in line with the EU Directive on Batteries:
Since we sell batteries and devices that contain batteries, we are obligated to draw your attention to the following, in accordance with the German Battery Act (BattG):

Batteries must not be disposed of with your household waste. You are legally obliged to return used batteries to a suitable collection point. Old batteries may contain contaminants that could harm the environment or your health if stored or disposed of improperly. Batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.

After use, you can return batteries to us or take them to a collection point (e.g. in shops or municipal collection points) free of charge.

The crossed out trash can symbol below can be found on batteries and products containing batteries and means that batteries should not be disposed of with household waste. 
(Pb, Cd, Hg)

Meanings of the abbreviations:
Pb: battery contains leadbr> Cd: battery contains cadmium
Hg: battery contains mercury

Updated: June 2013