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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

The following terms and conditions apply exclusively to all business activities with Veterinärmedizinisches Dienstleistungszentrum GmbH (hereinafter referred to as “VetZ”), Sattlerstraße 40, 30916 Isernhagen. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international law.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

A business entity is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

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

These General Terms and Conditions 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 validity is hereby rejected; they shall only become part of the contract if VetZ has expressly agreed to them.

If special terms and conditions apply to individual products, offers, or services provided by VetZ, these are listed separately. In the event of any conflicts, the special terms and conditions shall take precedence.

Below you will first find the General Terms and Conditions (GTC) for business interactions with VetZ, including the Data Processing Agreement (DPA), and on additional pages the Terms of Service for the individual software and cloud applications of VetZ (easyVET, easyIMAGE, VCS, vetOS, vetsXL, mayBASE, workBASE, and petsXL), including the license, support, and service terms (SLA), as well as VetZ’s Privacy Policy.

2 Contracting party and conclusion of contract

The purchase agreement or contractual relationship is established between you and us.

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

The purchase contract/order is concluded upon acceptance of our offer within the acceptance period. Upon handover of the hardware to the carrier, the obligation to pay the purchase price (risk of loss) passes to you. Electronic messages, product information, or similar messages and information from us following an order do not constitute acceptance of an order or contract.

Our offer and the services specified therein are decisive for the content and performance of the contract. Deliveries are made in accordance with the specifications of the respective manufacturer or our own specifications, based on the version current at the time of contract conclusion. Unless expressly agreed otherwise in writing, the responsibility for the selection of ordered products and the results you intend to achieve lies with you. 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 binding language for the conclusion of the contract is German.

3 Prices and delivery

All our prices are quoted in euros, plus applicable sales tax and shipping costs. The prices in effect at the time of our offer or your order apply, unless different prices have been agreed upon separately. Non-cash payments are accepted only on account of performance. Collection costs are your responsibility. We do not accept bills of exchange.

You will receive the invoice via email after the goods have been shipped, along with the goods, or by mail.

We generally ship the goods. Pickup of the goods is possible by arrangement.

4 Payment

Payment is made on account with the payment terms stated therein.

If circumstances arise that give rise to doubts regarding your solvency or willingness to pay (for example, in the event of a petition for the opening of insolvency proceedings against your assets) or in the event of a delay in payment, we are entitled to suspend the performance of deliveries and services until full advance payment or the provision of adequate security has been made, as well as to charge statutory default interest.

If you fail to comply with a corresponding request for payment within a grace period of 10 days, we are entitled to withdraw from the contract in whole or in part. We reserve the right to assert further claims.

You are only entitled to set-off rights to the extent that the counterclaims are undisputed or have been legally established. You are only authorized to exercise a right of retention to the extent that the counterclaim is based on 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 normal business hours. Goods are ideally shipped within 2–4 business days. We cannot guarantee uninterrupted operational readiness of devices and programs that are not solely under our control.

Delivery and service time estimates in the respective order confirmation are provided at our best discretion based on the current delivery and order situation. In dealings with merchants, we reserve the right to correct and timely delivery to us.

If non-compliance with or a delay in an agreed delivery deadline is attributable to force majeure, riots, strikes, lockouts, depletion of raw materials, or operational disruptions for which we are not responsible, or other circumstances for which we are not responsible, the delivery deadline shall be extended for the duration of such events. This applies accordingly in the event that we are in default of delivery when one of these events occurs. We will notify you of the start and end of such impediments as soon as possible. We also have the right, in the event of prolonged operational disruptions due to force majeure, riots, strikes, lockouts, depletion of raw materials, or operational disruptions for which we are not responsible, or in the event that we are not supplied by our suppliers through no fault of our own, to withdraw from the contract in whole or in part, excluding any claims for compensation.

In the event of a delay in performance lasting more than six weeks that is attributable to force majeure, civil unrest, strikes, lockouts, depletion of raw materials, operational disruptions for which we are not responsible, or other circumstances beyond our control, both we and you are entitled to withdraw from the contract. If the delivery date is not met for reasons other than those just mentioned, only you have the right to withdraw from the contract. To withdraw, you must first set us a reasonable grace period of at least 3 weeks in writing.

Compliance with delivery and performance deadlines is contingent upon your timely and proper fulfillment of contractual and cooperation obligations, to the extent such fulfillment is required.

In the event of a delay on your part, the delivery and performance period shall be suspended.

6 Right of withdrawal (revocation)

Consumers are entitled to the statutory right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.

7 Retention of title

The delivered goods remain our property until the respective claim has been paid in full. In the case of an open account, the retained title serves as security for the outstanding balance.

As a business, you are entitled, until further notice, to resell the goods subject to retention of title in the ordinary course of business. You hereby assign to us, by way of performance, all claims and receivables arising from the resale or 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 further notice, to collect the assigned claims. We will not exercise our rights of revocation as long as you duly fulfill your obligations and no case under Section 4, Paragraph 2 applies. You must keep the collected amounts separate until the secured claims are settled and transfer them to us immediately to the extent and as soon as our claims become due. Upon request, you must provide us with all information and documents necessary for the collection of the assigned claims. We are entitled to disclose the assignment to your debtors. In the event of default in payment, we may demand the return of the goods. Your right of retention is excluded, with the exception of undisputed or legally established claims. Following written notice with reasonable notice, the goods may be sold on the open market at the best possible price, with the proceeds credited against the purchase price. You shall bear the costs of taking back and selling the goods. Unless the costs of sale are otherwise proven, they shall amount to 25 percent of the proceeds of sale, including sales tax. The taking back of the goods subject to retention of title shall only be deemed a withdrawal from the contract if we expressly declare this.

8 Customer’s obligations to cooperate

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

You are responsible for the proper use of your own equipment and programs included in the contract. Before work is performed on equipment and/or programs, you shall independently back up all programs and data and store them on external data carriers. You shall provide all facilities necessary for the performance of work on-site, including telephone connections and transmission lines, at your own expense, unless they are expressly our responsibility.

9 Rectification and reduction of the purchase price for consumers

Claims for subsequent performance, rescission, and price reduction for all defects in the purchased item arising during the statutory warranty period of 2 years exist in accordance with statutory provisions. This does not apply to the right of rescission in the event of a delay or failure to meet the delivery date, which is governed by Section 5 of these General Terms and Conditions. Claims for damages are governed by the provisions set forth in Section 11 of these General Terms and Conditions. The warranty period begins upon receipt of the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that is not necessary for the examination of their nature, characteristics, and functionality.

10 Warranty and guarantees for business customers

The statute of limitations for claims for defects is one year from the transfer of risk.

Only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed an agreement regarding the quality of the goods; we assume no liability for public statements or other advertising claims made by the manufacturer. However, given the current state of technology, it is not possible to guarantee the flawless functioning of data processing equipment and combinations of devices under all conceivable conditions of use, nor to rule out errors in data processing programs.

If the delivered item is defective, we shall initially provide warranty at our discretion by remedying the defect (repair) or by 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.

The foregoing limitations and shortened time limits do not apply to claims based on damages 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 arising from damages caused by us, our legal representatives, or vicarious agents. In such cases, we shall be liable without limitation, specifically if

  • the damages consist of injury to life, limb, or health;
  • the damage was caused intentionally or through 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, meaning that the performance of the contract was impossible for us from the outset; in the case of warranty promises or a procurement risk, to the extent agreed upon and for which we are liable.

In the event of a breach of so-called cardinal obligations due to slight negligence on our part, on the part of our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, 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 obligations essential to the contract on whose proper performance the buyer relies and may rely, because they characterize the contract and whose fulfillment makes the proper performance of the contract possible in the first place.

You must prove the existence of a breach of duty, and we must prove the absence of fault on our part (statutory allocation of the burden of proof).

12 License and copyright

You are obligated to comply with both our license and copyright terms and conditions as well as those 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 will be stored and used in accordance with our privacy policy.

14 Data processing agreement

15 Final provisions

If you are a business entity, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of all international and supranational (contract) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive—including international—place of jurisdiction for all disputes arising from contractual relationships between us and you is 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 remaining provisions. In particular, the contract remains valid for both parties.

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