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Legal Information for
working with us

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We – Veterinärmedizinisches Dienstleistungszentrum (VetZ) GmbH – offer a wide range of products across all areas of animal health. Our portfolio includes solutions such as our practice and imaging management software for veterinarians, digital X-ray systems, online purchasing platforms, as well as web applications and apps for pet owners.

General Provisions

1 Scope

For any business activities with Veterinärmedizinisches Dienstleistungszentrum GmbH (hereinafter “VetZ”), Sattlerstraße 40, 30916 Isernhagen, the following terms and conditions shall apply exclusively. German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding international law.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to that person’s commercial or self-employed professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

The following terms and conditions shall also apply to future deliveries and services, even if no specific reference is made to these terms and conditions in the individual case.

These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without VetZ having to refer to them again. If an entrepreneur uses conflicting or supplementary general terms and conditions, their applicability is hereby rejected; they shall become part of the contract only if VetZ has expressly agreed to them.

If special terms apply to individual products, offers, or services of VetZ, these shall be listed separately. In the event of contradictions, the special terms and provisions shall take precedence.

Below you will first find the General Terms and Conditions (GTC) for business interaction with VetZ including the Data Processing Agreement (DPA); on additional pages, the service terms for the individual software and cloud applications of VetZ (easyVET, easyIMAGE, VCS, vetOS, vetsXL, mayBASE, workBASE and petsXL) including the license, support and service conditions (SLA), as well as the data protection provisions of VetZ.

2 Contracting party and conclusion of contract

The purchase agreement or service engagement shall be concluded between you and us.

The presentation of our products does not constitute a legally binding offer, but rather a non-binding display and presentation of our products. After you contact us, we will submit to you a time-limited offer, which you may accept by returning the order form enclosed with the offer and completed by you within the acceptance period stated therein.

The purchase agreement/order shall be concluded upon acceptance of our offer within the acceptance period. Upon handing over the hardware to the transport company, the obligation to pay the purchase price (transfer of price risk) shall pass to you. Electronic messages, item information, or similar messages and information from us following an order do not constitute acceptance of an order or engagement.

Our offer and the services specified therein shall be decisive for the content and performance of the contract. Deliveries shall be made according to the specifications of the respective manufacturer or our own specifications in accordance with the version current at the time the contract is concluded. Unless expressly agreed otherwise in writing, you are responsible for selecting the ordered products and the results you intend to achieve. The same applies to the interaction of individual components. We are entitled to have the contract performed in whole or in part by third parties.

The contract language binding for the conclusion of the contract is German.

3 Prices and delivery

All our prices are generally in euros plus statutory VAT and plus any shipping costs incurred. In principle, the prices applicable at the time of our offer or your order shall apply, unless different prices have been agreed separately. Non-cash payments shall be accepted only on account of performance. Collection costs shall be borne by you. Bills of exchange will not be accepted.

You will receive the invoice after shipment of the goods by email, together with the goods, or by mail.

We generally deliver by shipment. Self-collection of the goods is possible by arrangement.

4 Payment

Payment shall be made by invoice with the payment term stated therein.

If facts arise that give rise to doubts regarding your ability or willingness to pay (for example, an application to open insolvency proceedings over your assets) and in the event of default in payment, we are entitled to suspend the performance of deliveries and services until full advance payment or an appropriate security has been provided, and to charge statutory default interest.

If you do not comply with a corresponding request for payment within an additional period of 10 days, we are entitled to withdraw from the contract in whole or in part. Further claims remain reserved.

You may only offset claims if the counterclaims are undisputed or have been finally adjudicated. You may exercise a right of retention only insofar as the counterclaim arises from the same contractual relationship as the disputed claim.

5 Performance times and right of withdrawal in case of non-compliance and delay of the delivery date

We provide our services Monday through Friday during usual business hours. Shipment of goods ideally takes place within 2–4 business days. No warranty can be assumed for uninterrupted operational readiness of devices and programs that we do not solely control.

Delivery and performance time information in the respective order confirmation is provided to the best of our judgment based on the respective delivery and order situation. For merchants, correct and timely self-supply remains reserved.

If non-compliance with or delay of an agreed delivery period is due to force majeure, riot, strike, lockout, depletion of raw materials, operational disruptions not attributable to us, or other circumstances not attributable to us, the delivery period shall be extended for the duration of these events. This shall apply accordingly if we are already in default of delivery when one of these events occurs. We will notify you of the beginning and end of such obstacles as soon as possible. We also have the right, in the event of persistent operational disruptions due to force majeure, riot, strike, lockout, depletion of raw materials, or operational disruptions not attributable to us, or in the event that we are not supplied by our upstream suppliers without our fault, to withdraw from the contract in whole or in part, excluding any claims for damages.

If performance is prevented for more than six weeks due to force majeure, riot, strike, lockout, depletion of raw materials, operational disruptions not attributable to us, or other circumstances not attributable to us, both we and you are entitled to withdraw from the contract. If the delivery date is not met for reasons other than those mentioned above, only you have a right of withdrawal. For withdrawal by you, it is required that you have set us an appropriate grace period of at least 3 weeks in writing.

Compliance with delivery and performance times presupposes the timely and proper fulfillment of your contractual and cooperation obligations, insofar as this is required.

In the event of delay on your part, the delivery and performance time shall be interrupted.

6 Right of withdrawal (revocation)

Consumers have the statutory right of withdrawal. Entrepreneurs are not granted any voluntary right of withdrawal.

7 Retention of title

The delivered goods remain our property until full payment of the respective claim has been made. In the case of a running account, the retained title shall serve as security for the balance claim.

As an entrepreneur, you are entitled, until revoked, to resell the goods subject to retention of title in the ordinary course of business. You hereby already assign to us, by way of performance, all claims and receivables from a resale as well as from a processing of the goods subject to retention of title, together with all ancillary rights, in the amount of the value of the delivered and unpaid goods, with priority over the remaining portion of the claims; we accept the assignment. You are authorized, until revoked, to collect the assigned receivables. We will not exercise our rights of revocation as long as you properly meet your obligations and no case under Section 4 paragraph 2 exists. You must keep the collected amounts separate until the secured claims are settled and immediately remit them to us insofar as and as soon as our claims are due. Upon request, you must provide us with all information and documents required to collect the assigned receivables. We are entitled to disclose the assignment to your debtors. In the event of default in payment, we may demand return of the goods. Your right of retention is excluded, except for undisputed or finally adjudicated claims. After written notice with an appropriate period, the goods may be sold privately at the best possible price with credit toward the purchase price. You shall bear the costs of return and realization of the goods. Unless proven otherwise, the costs of realization amount to 25 percent of the realization proceeds including VAT. The return of the goods subject to retention of title shall be deemed a withdrawal from the contract only if expressly declared by us.

8 Customer’s cooperation obligations

You shall grant us the necessary time and opportunity to perform our services, insofar as this is required for the service and has been communicated in advance. During preparation and performance of the work, any necessary and reasonable support shall be provided.

You are responsible for the proper use of your own devices and programs included in the contract. Before work on devices and/or programs, you will independently back up all programs and data and store them on external data media. You will provide, at your expense, all facilities required for the performance of on-site work, including telephone connections and transmission lines, unless these are expressly owed by us.

9 Subsequent performance and reduction of purchase price toward consumers

Claims for subsequent performance, withdrawal, and reduction for all defects occurring within the statutory warranty period of 2 years exist in accordance with statutory provisions. This does not apply to the right of withdrawal in the event of delay or non-compliance with the delivery date, which is governed in Section 5 of these General Terms and Conditions. For claims for damages, the provisions set out in Section 11 of these General Terms and Conditions apply. The warranty period begins upon receipt of the goods.

You only have to compensate for any loss in value of the goods if such loss in value is due to handling that is not necessary to examine the nature, characteristics, and functioning of the goods.

10 Warranty and guarantees toward entrepreneurs

The limitation period for claims for defects is one year from the transfer of risk.

Only our own information and the manufacturer’s product descriptions included in the contract shall be deemed an agreement on the quality of the goods; we assume no liability for public statements or other advertising claims by the manufacturer. However, according to the state of the art it is not possible to guarantee flawless functioning of data processing equipment and combinations of equipment under all conceivable application conditions and to exclude errors in data processing programs.

If the delivered item is defective, we shall initially provide warranty performance at our discretion by remedying the defect (repair) or delivering a defect-free item (replacement). We must be granted the necessary and reasonable time and opportunity to carry out the repair and/or replacement delivery.

The above restrictions and shortening of limitation periods do not apply to claims due to damage caused by us, our legal representatives, or vicarious agents.

11 Claims for damages

Claims for damages against us, our legal representatives, or vicarious agents are excluded, regardless of the legal basis on which they are based.
This does not apply to claims due to damage caused by us, our legal representatives, or vicarious agents. In these cases, we are liable without limitation, in particular if

  • the damage consists of injury to life, body, or health;
  • the damage was caused intentionally or by gross negligence;
  • the asserted claims are based on the Product Liability Act;
  • we are liable due to initial inability or impossibility for which we are responsible, i.e., performance of the contract was impossible for us from the outset; in the case of guarantees or a procurement risk, insofar as agreed and we are liable therefrom.

In the event of a breach of so-called cardinal obligations by slight negligence on our part, our legal representatives, or vicarious agents, liability shall be limited in amount to the foreseeable damage at the time the contract was concluded, the occurrence of which must typically be expected. This does not apply if we are liable without limitation as described above.

Cardinal obligations in the above sense are those material contractual obligations on whose proper performance the buyer relies and may rely because they characterize the contract and whose performance makes the proper execution of the contract possible in the first place.

The existence of a breach of duty must be proven by you; the absence of fault must be proven by us (statutory allocation of burden of proof).

12 License and copyright rights

You are obligated to comply both with our license and copyright conditions and with the license and copyright conditions of our manufacturers and suppliers.

You are entitled to use the programs, drawings, process descriptions, and other documents provided for the performance of the contract for the contractually intended use. All copyrights and further rights of use remain with us. Any use, reproduction, or transfer to third parties beyond the necessary contractual use is not permitted unless expressly agreed otherwise.

13 Data protection

Personal data is stored and used in accordance with our data protection provisions.

14 Data processing agreement

15 Final provisions

If you are an entrepreneur, the law of the Federal Republic of Germany shall apply exclusively, excluding all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction—for all disputes arising from contractual relationships between us and you, including international disputes—shall be our registered office in Hanover. For consumers: Online

Dispute resolution pursuant to Article 14(1) of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.

The invalidity of individual provisions shall not affect the validity of the other provisions. In particular, the contract shall remain effective for both parties.

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