Preamble

These General Terms and Conditions of Business and Use (hereinafter „GTC“) govern the use of the internet portal „mybreed“, which can be accessed under the domain www.mybreed.de and all subdomains belonging to this domain (hereinafter „internet portal“). The internet portal is an online platform for the presentation of breeders and providers of products and services related to pets and domestic pet keeping. By means of the internet portal, the operator of the internet portal only provides information and presentation services in connection with the products and services offered by its users.

§ 1 General regulations

(1)    The operator of the internet portal is mybreed UG (haftungsbeschränkt), Scharnhorststraße 7, 10115 Berlin, e-mail: info@mybreed.de, tel.: +49 (0) 30 403686800, fax: +49 (0) 30 403686819 (hereinafter referred to as „mybreed“), represented by its managing director Mr. Martin Müller (hereinafter referred to as „mybreed“). In particular, mybreed offers its users the possibility to inform themselves about donor animals and available ejaculate as well as about products and services around the pet. As a registered breeder or service provider (hereinafter „supplier“) my breed also offers the opportunity to present puppies and/or ejaculate obtained in accordance with the law (in the case of trade of semen from cattle and buffalo, pigs, sheep, goats, domestic horses and domestic donkeys, in particular in compliance with the Animal Breeding Act – TierZG – and the Semen Ordinance – SamEnV -) as well as products and services relating to domestic animals.

(2)    The use of the services provided by mybreed is generally free of charge for interested parties. Suppliers may also register free of charge. However, the presentation of the company profile and the products and services offered is always subject to paid memberships or subscriptions at the respective valid conditions, which can be found in the price list available here.

(3)   On the internet portal, contracts are initiated but not concluded between interested parties and suppliers (hereinafter also jointly referred to as „users“), whereby mybreed only provides the technical and organizational infrastructure to promote the sale of the products and services offered by suppliers by integrating the URL and other contact data of the supplier and by presenting offered products and services on the internet portal.

(4)   These GTC define the conditions applicable between mybreed and the users for the services provided by mybreed within the scope of the contractual relationship. In case of doubt, the services to be provided by mybreed shall be deemed to constitute services within the meaning of § 611 et seq. of the German Civil Code – BGB –. Deviating terms and conditions will not be acknowledged unless mybreed expressly agrees to their applicability in the individual case in text form. Individual agreements made in individual cases with the user(s) (including subsidiary agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, the content of such agreements shall be governed by a contract or confirmation by mybreed in text form.

(5)   The language available for the conclusion of the contract is exclusively German. Translations of these GTC into other languages only serve informational purposes. In the event of any conflicts between the different language versions, the German text shall take precedence.

(6)   Distinction between entrepreneurs and consumers:

The services offered by mybreed are offered to both private users (consumers) and commercial users (entrepreneurs). For the purposes of these GTC,

– a consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 BGB), and

– an entrepreneur means a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts within his or its trade, business or profession (§ 14 subs. 1 BGB).

As far as the applicability of different regulations results from such distinction (consumer or entrepreneur), the relevant wording of the applicable regulation is adapted respectively within the framework of these GTC.

(7)    mybreed reserves the right to change these GTC at any time with effect for the future. For existing users, new versions of these GTC shall only become effective after their prior consent. In case of refusal of consent, mybreed shall always be entitled to terminate the contract taking effect on the next possible date. The current version of these GTC can be accessed, printed or downloaded via the internet portal.

§ 2 Scope of services provided by mybreed

(1)    The internet portal provided by mybreed offers its users the possibility to search the products and services entered by suppliers in the database underlying the internet portal and/or to have themselves/their company entered in the database as suppliers for presentation purposes by mybreed. As a separately remunerated additional service, mybreed also offers suppliers various services for the targeted promotion of their services.

(2)    The services of mybreed include in particular:

i.      operation and maintenance of the internet portal under the domain www.mybreed.de. mybreed may change the domain if mybreed notifies the registered user of this in writing one month in advance. Should it not be possible for mybreed to continue operating the domain for legal reasons, mybreed is entitled to change the domain without observing a notification period;

ii.     initiation of the conclusion of contracts by means of presenting the services provided by the supplier in accordance with § 7;

iii.    provision of information and communication possibilities among the users;

iv.    provision of additional services for targeted advertising and/or placement of the services of suppliers according to a separate agreement with mybreed.

(3)    mybreed assumes neither responsibility for the correctness of the information provided by the respective supplier nor for the creditworthiness of potential interested parties. mybreed owes neither the conclusion of a contract between the users nor the successful execution of the contract, but exclusively the presentation of registered suppliers.

§ 3 Registration as user / Conclusion of contract with mybreed

(1)    The use of the internet portal provided by mybreed for the presentation of products and services of the supplier requires prior registration on the internet portal. The registration is only permitted for users of legal age and full legal capacity as well as legal entities and partnerships. There is no entitlement to admission to the internet portal or use of the internet portal without prior registration. Only registered users are able to present a supplier profile as well as products and services.

(2)    When registering, users must provide their first and last name, or, if applicable, the company name, their full address and a valid e-mail address in the exclusive possession of the user and shall assign a password. Optionally, a telephone number can also be provided. In addition, users have the opportunity to manage their own data and existing subscriptions via the user account management.

(3)    The user undertakes to ensure that unauthorized third parties do not obtain knowledge of the access password assigned by the user.

(4)    After the confirmation required in the course of registration to have read and agreed to these GTC and the privacy policy of mybreed, the user, in case of free registration, is given the opportunity to transmit his registration data to mybreed by clicking the button „Create Account“. After submitting the registration data, mybreed decides t its own discretion to make an offer to the user by sending a registration confirmation e-mail to conclude a user contract for the free services provided on the internet portal. By clicking on the account confirmation link contained in the registration confirmation e-mail, the user bindingly declares acceptance of the offer to mybreed.

(5)    The presentation of the paid memberships and subscriptions on the internet portal does not constitute a legally binding offer, but an invitation to submit an offer by the customer (invitatio ad offerendum).

(6)    You can place a binding order for a paid subscription or membership to our services via our internet portal by going through the following steps:

–      You can select a subscription or membership by clicking on the „Buy Now“ or „Subscribe Now“ button and thus place it in a virtual shopping cart. Following this, you will be automatically redirected to your virtual shopping cart, where you will be guided through the rest of the ordering process. In the shopping cart view, the selected services in the shopping cart are displayed to you as a summary, stating the (minimum contract) term, and the price as a total price. Another “click” on the „Continue to payment“ button takes you to another overview page where you have the opportunity to enter all the necessary order, address and payment data via a form. Here you will also find a section in which the essential item details, including any costs incurred, are summarized once again and in which the desired payment method can be selected. After you – by marking the respective checkbox – have also confirmed that you have taken note of our General Terms and Conditions, Revocation Policy and Privacy Policy and agree to them, you have the option by clicking on the button „Proceed with PayPal“ to complete the order with a payment release via our payment service provider PayPal by clicking on the button „Agree and Subscribe“. Until this step you can correct your entries or refrain from the contract declaration. Only by finally clicking the button „Agree and subscribe“ on the website of our payment service provider PayPal, a binding offer is made.

–      A contract between you and mybreed is concluded as soon as we accept your order by a separate e-mail. Please check the SPAM folder of your email inbox regularly.

–     Before placing a binding order, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, you can correct your entries using the usual keyboard, mouse and browser functions until you click the confirmation button „Agree and subscribe“ which concludes the order. In the shopping cart view, you also have the option of removing goods from the shopping cart using the „X“ button. If you want to cancel the ordering process completely, you can also simply close the browser window. Otherwise, your declaration becomes binding after clicking the confirmation button „Agree and subscribe“.

(7)    In the case of the conclusion of a paid subscription or a temporary membership without prior registration, the registration data will be recorded after the selection of the respective product by clicking on „Buy now“ or „Subscribe now“ and another click on the button „Continue to payment“ within the subsequent provision of the billing data. Here, the user has the option to choose his own username in addition to the data listed in sub-section 2 and to transmit this data to mybreed upon completion of the payment processing offered via the payment service provider PayPal.

(8)    Should third parties gain knowledge of the user’s access data, the user shall immediately notify mybreed and assign a new password.

(9)    The use of the services provided by mybreed on the internet portal is free of charge for interested parties.

(10)  Users who want to be presented as suppliers of products and services on the internet portal are required to enter into a paid membership for the presentation of services on the internet portal at mybreed within the registration process. Furthermore, in case of using special placement offers, the provider owes mybreed separate remunerations, which are based on the respective current fee conditions, which can be viewed on the internet portal under the sub-domain www.mybreed.de/fees.

(11)  It is the responsibility of the supplier to provide and independently update the content required for his own presentation on the internet portal of mybreed (pictures, description of the donor animal – in particular breed information, age, health condition, character traits, etc.) at the beginning and during the term of the contract with mybreed. mybreed shall create a presentation profile based on the content provided by the supplier and integrate it on the internet portal operated by mybreed in order to advertise the provider’s offer.

(12)  All prices quoted by mybreed for its own services are gross prices including statutory VAT and other price components.

(13)  Membership fees and remunerations for special placement offers shall be invoiced to the supplier for the respective minimum contract period entered into in advance by e-mail to the e-mail address provided during registration immediately after conclusion of the respective membership or booking of the respective special service. The respective invoice amount is due immediately.

(14)  mybreed is entitled to change the membership fees and other remunerations for the services provided by mybreed at the end of the relevant minimum contract term for the respective service with effect for the future. The change shall become effective with the consent of the supplier at the end of the relevant minimum contract term. If the supplier does not agree to the change, the contractual relationship shall end at the end of the minimum contract term without requiring termination. mybreed shall inform the supplier about the consent requirement and the consequences of a failure to give consent when notifying the change.

(15)  The user shall be responsible for the truthfulness and completeness of the information provided by him, in particular within the scope of his registration with mybreed. The user undertakes to notify mybreed immediately of any future changes to the information provided.

§ 5 Term of contract / termination

(1)    The free usage relationship based on these GTC with mybreed is concluded for an indefinite period. It begins with clicking on the account confirmation link contained in the registration confirmation e-mail.

(2)    Paid fixed-term memberships as a supplier shall end automatically upon expiry of the fixed-term period without the need for termination.  Subscriptions without a fixed term as a supplier shall be automatically extended after expiration of the minimum contract term in each case by the period of the original minimum contract term, unless the contractual relationship is properly terminated in text form by one of the contracting parties no later than 1 week before expiration of the minimum contract term.

(3)    The free user relationship between mybreed and an interested party may be terminated by either party at any time by observing a notification period of 1 week.

(4)    Each party has the right to terminate the contract based on serious grounds without observing a notification period.

(5)    Serious grounds for mybreed are in particular:

i.      The breach of the regulations of these GTC or a violation of the animal protection law – TierSchG – by the user, which is not omitted and resolved even upon notification setting a deadline;

ii.     a tortious act of a user or the attempt of such, e.g. fraud;

iii.    continuous operational disruptions as a result of force majeure beyond mybreed’s control, such as natural catastrophes, fire, or the collapse of networks not caused by or attributable to mybreed.

(6)    The termination can be declared directly online via a provided termination button or alternatively in text form.

§ 6 Information on permission and approval requirements for suppliers

 

(1)    Under certain circumstances some public statutory regulations may apply which must be observed if you want to offer ejaculate commercially for the purpose of breeding animals. In this respect, the provisions of the Animal Protection Act – TierSchG – and, in the case of genotypes of certain farming animals, the Animal Breeding Act – TierZG – and the Semen Ordinance – SamEnV – must be observed. It is the supplier’s responsibility to obtain all necessary permissions and/or approvals from the competent veterinary office for commercial trade with breeding material (ejaculate) and, if necessary, to register a trade.

(2)    mybreed will be happy to assist you with any questions regarding permission and licensing requirements, but does not assume or provide any legal advice, responsibility or liability.

§ 7 Conclusion of contracts between the users of the Internet portal

(1)    mybreed does not offer its users the possibility to conclude contracts between users directly on the internet portal. mybreed is not involved in the conclusion of contracts between users and does not assume any guarantees or warranty claims regarding the availability or quality of the services offered by the suppliers.

(2)   The execution and settlement of contracts concluded between the users is the sole affair of the respective users, whereby mybreed only provides services for the presentation of services. For the contracts between the users mybreed neither takes over a guarantee for the fulfilment of the contracts nor any liability for material defects or defects in title regarding the offered goods and services. The conclusion of contract promoted by the presentation of suppliers are concluded exclusively between the respective users. mybreed does not assume the position of a contractual partner or a vicarious agent (in terms of § 278 BGB) of the contractual parties. The content of the contract concluded between the parties is based on the individual agreements between the parties and the mandatory legal regulations.

(3)    mybreed does not assume any liability for the true identity and the legal admissibility of the services of suppliers presented on the internet portal. In case of doubt, both contractual partners are obliged to inform themselves in a suitable manner about the true identity and legal admissibility of the services of the other contractual partner.

§ 8 Recognized breeding standards

 

(1)   mybreed shares the intentions of the FEDERATION CYNOLOGIQUE INTERNATIONALE (FCI), as stated in article 3 of the statutes of the FCI (available at http://fci.be/de/Statuten-der-FCI-39.html). In order to support and promote dog breeding in compliance with codified breeding standards and mutual recognition of pedigrees, mybreed offers registered users the possibility to insure membership in a national association subordinate to the FCI – as a full member or associated member.

(2)   In this case, mybreed may at its own discretion activate a promotionally effective logo (breeding standard logo) for the respective user and integrate it in the user profile.

(3)   Upon request of mybreed, the user is obligated to prove the membership in a national association pursuant to sub-section 1 by providing suitable proof.

(4)   In the case of membership in an umbrella organization or a national association comparable to the FCI, mybreed will, at the request of the user and at its own discretion, check whether this membership fulfills the criteria for an award of the breeding standard logo in the individual case. In this case, however, the granting of the logo is at the free discretion of mybreed and the user has no respective entitlement.

§ 9 General obligations of users

(1)    The users are obliged to refrain from everything that hinders the interference-free operation and uninterrupted accessibility of the internet portal of mybreed. Technical changes occurring in the user’s sphere must be reported to mybreed immediately if they are likely to impair the provision of services or the security of mybreed’s Internet portal.

(2)    The users commit themselves not to misuse the services provided by mybreed, especially:

i.      to disseminate defamatory, racist, pornographic or otherwise illegal material;

ii.     to coerce or otherwise harass third parties or violate their rights;

iii.    to send galore messages;

iv.    to distribute infected files or infected software via the services provided by mybreed;

v.     to distribute files via the services provided by mybreed that infringe the intellectual property rights of third parties and/or for which the user cannot prove sufficient rights of usage.

(3)    Addresses, contact data and e-mail addresses of other users which the users have received by using the internet portal may not be used for purposes other than the pre-contractual exchange of information between the users.

(4)    The users undertake to comply with the relevant laws on animal protection, in particular the provisions of the Animal Protection Act – TierSchG –.

(5)    Users are prohibited from using the data, works, designs and information of other users provided on the Internet portal commercially in dealings with third parties, in particular for brokerage, trading, brokerage or information services.

§ 10 Special obligations for suppliers

(1)    Users who act as suppliers on the Internet portal must always provide truthful and complete information on the products and services offered by them. mybreed is entitled to refuse to create a supplier profile if the information is so incomplete that the essential characteristics of the products and services cannot be determined.

(2)    Products and services which may only be offered upon issuance of any sort of proof required by law or upon an authorization required by law may only be offered on the internet portal if the proof or the authorization required by law is provided.

(3)    mybreed is entitled, but not obliged, to check the provided contents of the supplier for their truth.

§ 11 Intellectual property and copyright

(1)    The data, works, designs and the database on which the internet portal is based may be protected by copyright in whole or in part. The provision of these data, works, designs and database on the internet portal operated by mybreed as well as within the framework of these GTC shall not constitute a waiver of copyright protection.

(2)    The production of individual copies of the data, works and designs provided on the internet portal or parts thereof for private purposes always requires the clearly visible reproduction of the domain www.mybreed.de. Any other duplication, processing and/or making available to the public requires the prior consent of mybreed in text form.

(3)    The suppliers, each individually, guarantee that they have all rights regarding the contents provided by them to mybreed (data, texts, graphics, etc.) and that no third-party rights are infringed. To the extent necessary, the suppliers grant mybreed spatially and temporally unlimited rights of use to the content (data, texts, graphics, etc.) provided by them to the extent necessary for the execution of the contract.

§ 12 Exemption from liability

The users undertake to compensate mybreed for all damages resulting from the non-observance of the above obligations (§§ 9-11) for which they are responsible and to indemnify mybreed against all claims by third parties, including attorneys‘ fees and court costs, which third parties assert against mybreed due to non-observance of these obligations.

§ 13 Prices in supplier profiles

Insofar as you as a supplier choose to indicate prices in your supplier profile for the products or services presented, such prices must always be indicated as total prices in euros (€) at the supplier’s own responsibility.

§ 14 Liability of mybreed

(1)    mybreed shall only pay damages or reimburse futile expenses, irrespective of the legal basis of the claim, within the following scope:

i.      mybreed is liable without limitation in case of intent and with regard to claims from guarantees.

ii.     In the event of gross negligence, mybreed shall be liable to entrepreneurs (§ 14 BGB) in the amount of the typical damage foreseeable at the time of conclusion of the contract. Towards consumers (§ 13 BGB) mybreed‘s liability is unrestricted in case of gross negligence.

iii.    Liability in case of slight negligence is excluded.

(2)    mybreed is only liable for the loss of data in accordance with the above sub-sections if such loss could not have been avoided by appropriate data backup measures on the part of the user.

(3)    The above exclusions or limitations of liability also apply with regard to the personal liability of employees, representatives and vicarious agents of mybreed.

(4)    The exclusions or limitations of liability of this § 14 do not apply to the liability of mybreed for damages resulting from injury to life, body or health for a breach of cardinal obligations as well as for claims within the scope of § 44a German Telecommunications Act – TKG – and according to the German Product Liability Act – ProdHaftG -.

(5)    Insofar as a possibility of redirecting to databases, websites, services, etc. of third parties is provided via the Internet portal, e.g. through setting links or hyperlinks by users, mybreed shall neither be liable for the accessibility, continued existence or security of these databases or services, nor for the content thereof. In particular, mybreed is not liable for the legal compliance, accuracy, completeness, timeliness, etc. of the content of these databases or services.

§ 15 Data security and data protection policy

(1)    The servers used by mybreed are state-of-the-art, in particular they are protected by firewalls and TLS encryption; however, the user shall be aware that there is a risk for all participants that transmitted data may be read-out during transmission. This applies not only to the exchange of information via e-mail leaving the system, but also to the integrated messaging system and to all other transmissions of data. The absolute confidentiality of the data transmitted during the use of the Internet portal can therefore not be guaranteed.

(2)    mybreed is entitled, during the term of this contract, to process the data received from the user in relation to the business relationship in compliance with the requirements of the applicable data protection regulations. You will find more detailed information on the handling of your personal data in our data protection policy.

(3)    By registering in accordance with § 3, the user guarantees to mybreed and all other users that the user has complied with the data protection requirements with regard to the data transmitted by him and indemnifies mybreed against any claims, including claims under public law. In particular, the user himself must ensure that any require consent is obtained from third parties before personal data from third parties is transmitted to the database on which the Internet portal is based.

 

 § 16 Right of Revocation

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. if you conclude the user contract with mybreed for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation with regard to this user contract in accordance with the following provisions.

Information on the Right of Revocation

 

Right of Revocation

You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day of conclusion of the contract.

To exercise the right of revocation, you must inform us

mybreed UG (haftungbeschränkt)

Scharnhorststraße 7

10115 Berlin

e-mail: info@mybreed.de

fax: +49 (0) 30 403686819

of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).

To meet the deadline for revocation, it is sufficient for you to send your notice of execution of the right of revocation before the revocation period has expired.

Effects of Revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will conduct such reimbursement using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If, in the case of a service contract, you have requested that the services commence during the revocation period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of that contract in relation to the total services provided in the contract.

Exceptions to the right of revocation

In the case of a contract for the provision of services, the right of revocation expires prematurely if mybreed has completely provided the service and has only begun with the execution of the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of withdrawal if mybreed has completely fulfilled the contract.

End of the Information on the Right of Revocation

To exercise your right of revocation, you may use the model revocation form below, which, however, is not mandatory.

Model Revocation Form

(If you wish to revoke the contract, please fill out this form and return the completed form to us.)

mybreed UG (haftungsbeschränkt)

Scharnhorststraße 7

10115 Berlin

e-mail: info@mybreed.de

fax: +49 (0) 30 403686819

I/we (*) hereby give notice that I/we (*) revoke my/our (*)contract for purchase of the following goods (*) / for the provision of the following service (*):

Ordered on . . . . . . . . . (*),received on . . . . . . . . . .(*)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name/s of the consumer/s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address/es of the consumer/s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature/s of the consumer/s, only if this form is notified on paper)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Place, date)

* Delete as appropriate.

The right to termination remains unaffected.

Please note that contracts potentially concluded between suppliers and interested parties do not affect the services offered by mybreed and are to be handled exclusively in the contractual relationship between the supplier the interested party. This also applies for any potential right of revocation in the relationship between the supplier the interested party.

§ 17 Final Provisions / Notice on Online Dispute Resolution

(1)    Subject to mandatory international private law provisions, the laws of the Federal Republic of Germany shall apply to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, „UN Sales Convention“). In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. If the user is a merchant or a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for actions against mybreed is the registered office of mybreed. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or has no domicile or if the usual place of residence is not known at the time the action is filed. The right of mybreed to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

(2)    Should individual provisions of these GTC be or become ineffective and/or contradict the statutory provisions, the effectiveness of the remaining provisions shall not be affected thereby.

(3)    Online dispute resolution: We would like to point out that in addition to ordinary legal recourse, there is generally also the possibility of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and on the Internet at: https://ec.europa.eu/consumers/odr/

Our e-mail address is: info@mybreed.de

In accordance with § 36 German Consumer Dispute Settlement Act – VSBG – we point out that we are not obliged to participate in an extrajudicial dispute resolution procedure before a consumer arbitration board.

(4)    It is always a special concern for mybreed to offer all services reliably, securely and legally compliant. Should you nevertheless feel that your rights have been violated, please do not hesitate to contact us informally so that we can quickly enforce your justified claims even without a legal dispute. We are happy to listen to your concerns at any time.