General terms and conditions
You will find our general terms and conditions for corporate clients here.
You will find our general terms and conditions for our partner programme participants here.
General terms and conditions for consumers
Terms of delivery:
Fountana GmbH & Co. KG delivers to any address in Germany, Netherlands, Belgium, Austria, Luxembourg, UK, Sweden, Spain (Mainland) , France, Finland, Denmark, Italy and Switzerland. Delivery is made by the German Post Office, Deutsche Post AG (DHL), according to the applicable terms and conditions.
Delivery while stocks last.
In case of exceptional circumstances, such as energy scarcity, traffic disruption, strikes, lockouts, unforeseen technical difficulties, extreme weather conditions or other procurement, production or delivery problems that are not our responsibility and can be shown to substantially affect our ability to fulfil our duty to perform and our contractual obligations on time, we shall notify the purchaser as soon as we know of such circumstances. The purchaser is then entitled to cancel the contract. If he does not cancel the contract, the deadline for the completion thereof will be extended for as long as is necessary for the problem to be solved. This also applies if suppliers or subcontractors of Fountana GmbH & Co. KG are affected by any of the above-mentioned circumstances.
Minimum order value:
We do not have a minimum order value.
Terms of payment:
All our prices are final prices in EUR and are inclusive of the applicable VAT. The prices valid at the time of ordering apply. Deliveries to Switzerland are VAT-free.
You can choose between credidcard payment, cash on delivery (Germany only), prior bank transfer, any PayPal forms of payment, direct debit (except for accounts abroad) or invoice (Reseller, starting from your second order). Cash on delivery entails an additional postage charge of 5.00 EUR, which is automatically added to your bill when you place your order (Deutsche Post/DHL also charges an additional 2.00 EUR for delivery in such cases). If you choose direct debit, your account is debited at the time of ordering. Any costs incurred if the direct debit fails or is unjustifiably revoked are borne by the purchaser.
We reserve the right to exclude certain forms of payment in exceptional cases. If you are in default of payment, we will charge you interest on arrears at a rate of 5% p.a. above the basic interest rate set by the German Central Bank and pass on the case to a debt collecting agency and/or our lawyer. Any costs incurred in this process are borne by the defaulting customer. XXNo account will be taken of any attempt on your part to prove that no or only slight damage was caused by a late or defaulted payment. We retain ownership of the goods until payment has been made in full.
Conclusion of a contract
By placing our products in the online shop, we are making a binding offer for a contract to be concluded for these products. The contract is concluded when you accept the offer for the products in your shopping basket by clicking on the “Submit your order” button. Immediately after your order has been submitted, you will receive an automated e-mail to confirm our receipt and acceptance of your order. This e-mail confirmation is the conclusion of the contract of sale.
Shipping costs within Germany
For any net order value of at least 50.00 EUR, we bear the costs of post and packaging for all goods ordered from the online shop (unless explicitly stated otherwise). For orders below this value, we only charge our customers for part of the shipping costs. This charge is 4.90 EUR per order. For cash on delivery consignments there is an additional charge of 2.00 EUR, which is automatically added to the invoice. For delivering cash on delivery consignments, DHL levies an additional charge of 2.00 EUR payable to the postman.
Liability - damage in transit
In case of any apparent defects in the delivered goods, the customer shall inform Fountana GmbH & Co. KG in writing without delay, at the latest within two weeks after delivery. After this time limit, warranty claims arising from product defects are excluded. The faulty goods must be kept in the condition they were in when the defect was identified, ready for inspection by Fountana GmbH & Co. KG.
If the goods are defective or do not match the description given to them, Fountana GmbH &
Co. KG shall replace or repair them, any further warranty claims being excluded. If these goods are not replaced or repaired after a reasonable period of time, the customer may demand a reduction in the purchase price or cancel the contract as preferred.
Cancellation policy (Germany)
You may cancel the contract in writing (e.g. by letter, fax or e-mail) within two weeks without giving any reasons or, if you receive the goods before the end of the time limit, by sending back the goods. The time limit starts when you receive our cancellation policy in writing, but not before the purchaser has received the goods (for repeat deliveries of similar goods, not before receipt of the first part-delivery) and not before we have fulfilled our duty to inform according to §312c Paragraph 2 of the German Civil Code in conjunction with §1 Paragraph 1, 2 and 4 of the German Civil Code-Info V and our duties according to §312e Paragraph 1 Clause 1 of the German Civil Code in conjunction with §3 of the German Civil Code-InfoV. To comply with the cancellation period, simply submit your notice of cancellation or the goods in time. Send your notice of cancellation to:
Fountana GmbH & Co. KG
Consequences of cancellation
In case of an effective cancellation, the services or goods received by both parties must be returned and any benefits already derived (e.g. interest) surrendered. If you cannot return the goods to us in their entirety, or if you can only return them in a deteriorated condition, you may have to compensate us accordingly. This does not apply to any deterioration that has been identified purely by virtue of prior inspection by the customer - as would have been possible in a shop, for example. Incidentally, you can avoid the obligation to compensate us for any deterioration in the goods in the course of normal intended use, by not using the product as your own property and refraining from doing anything that may diminish its value. Goods that can be sent as a parcel must be returned to us at our risk. You must bear the cost of returning the goods if they conform to contract and if the price of the product to be returned does not exceed 40.00 EUR or, in cases where the price is higher, you have not - at the time of cancellation - fulfilled your contractual obligations or made the contractually agreed part-payment. Otherwise you may return the goods free of charge. Goods that cannot be sent as a parcel will be collected from you. Refund obligations must be fulfilled within 30 days. For you, this time limit begins when you send us the goods or your notice of cancellation; for us it begins with our receipt thereof.
End of cancellation policy
a) Cancellation rights are not applicable to deliveries of customised goods (e.g. T-shirts with your photo and your name on them) or goods that have clearly been tailored to personal requirements, or deliveries of audio or video recordings or software if you have removed the seal on the data carrier (e.g. software CDs if the cellophane wrapper has been opened).
b) Please ensure that the goods are not damaged or soiled. As far as possible, return them to us in their original packaging with all the fittings and packaging components. If necessary, use a protective outer packaging if you no longer have the original packaging. Please ensure that the packaging provides the necessary protection against damage in transit.
c) Send the goods back to us as an insured parcel and retain the proof-of-posting slip. At your request, we will gladly reimburse postage costs in advance provided that it is not your responsibility to bear these costs yourself. Simply order a Freeway parcel stamp from us - we will send you this label so that you can use it to return the goods to us free of charge.
d) Before you return any goods to us, please inform our customer service team at email@example.com. This will enable us to identify the goods as quickly as possible when we receive them.
e) Please note that the provisions set out in paragraphs a) to d) are not a prerequisite for the effective use of cancellation rights.
For other countries to which we deliver, the following deviations to these rules apply:
Collection, processing and use of personal data
You can browse our website without entering any personal data. We only store non-personal access data, such as the name of your Internet service provider, the website you were on when you entered our website or the name of the requested file. These data are evaluated exclusively for the purpose of improving our offers and are not traceable to you.
We only collect personal data that you enter yourself voluntarily when you place an order, open a customer account with us or register for our newsletter. Data you communicate to us are only used to process and complete your order, otherwise we are obliged to obtain your explicit prior consent. On fulfilment of the terms of contract and payment of the purchase price in full, we block your data for further use and delete them after the expiry of the period set down in the applicable tax and commercial regulations, unless you explicitly give your consent to the further use of your data. When you sign up for our newsletter, your name and e-mail address are used for our own advertising purposes, with your consent, until you deregister.
Transmission of personal data, credit check
Your data are transmitted to the designated shipping company wherever necessary for the delivery of goods. We forward your payment data to the credit institute responsible for processing your payment.
In case of advance deliveries or services, we may contact EuroTreuhand Inkasso GmbH, Amsterdamerstrasse 133b, 50735 Cologne, Germany, and arrange a credit check in order to protect our interests. Your interests are protected in accordance with the legal requirements.
Your data are not passed on to any other third parties for purposes such as advertising.
We store your order data and send them to you by e-mail with our general terms and conditions. You can consult our terms and conditions at any time on this website. You can consult your order data on our website at any time if you open a customer account when you place your order.
Your personal data are encoded using a 128 bit SSL encryption, like the one used by most banks, and transmitted via the Internet. We take technical and organisational measures to secure our website and other systems, thus protecting your data against loss, destruction, unlawful access, alteration or dissemination by unauthorised persons. Your customer account can only be accessed by entering your personal password. You should treat your access information confidentially and always close the browser window when you have ended your communication with us, particularly if you share your computer with others.
Right to information
In accordance with the German Data Protection Law, you have the right to be informed free of charge about your stored data and you also have the right to amend, block or delete these data as required.
Withdrawal of consent
During the ordering process you may have given us your explicit consent to the measures detailed below. We would like to emphasise that you may revoke your consent at any time with immediate effect.
Opening of a customer account
For the purposes of opening a customer account, I consent to the storage of core data (name, postal address, e-mail address, telephone number, date of birth and bank details) and usage data (user name, password) in a customer databank. This will enable me to make future purchases using my user name and password without having to re-enter all my data. I can withdraw my consent at any time with immediate effect by sending an e-mail to the customer service team asking for my customer account to be closed.
Consent to e-mail advertising
I would like to be informed regularly by e-mail about any interesting offers. My e-mail address will not be passed on to other companies. I may withdraw my authorisation for lucky-kitty.de to use my e-mail address for advertising purposes at any time with immediate effect by clicking on the “Deregister” link at the end of the newsletter or by deactivating the “Receive newsletter advertising” option at the end of the ordering process.
Contact person for data protection questions
If you have any questions on the collection, processing or use of your personal data, or on the disclosure, correction, blocking or deletion of data, or on the withdrawal of previously granted authorisation, please contact:
Fountana GmbH & Co. KG
Limitation of liability:
We will deliver the goods as agreed, provided that we ourselves receive our deliveries correctly and on time. We are not liable for any unavailabilities. Compensation for damages, including for delayed or incomplete deliveries, is excluded, except in the event of gross negligence. In case of faulty goods or delivery delays, we are entitled to offer a refund. If the goods are unavailable, we will inform you without delay, and any advance payment will be reimbursed immediately. The goods will be dispatched by Deutsche Post (DHL). The seller selects the route of transportation. Goods are always delivered as quickly as possible. Deliveries are not made on Sundays or public holidays. For payments by advance bank transfer or direct debit, delivery will be made as soon as our account is credited with the agreed amount. For this reason, you should add 2-5 working days to the overall delivery time to allow for the transaction to be completed. Moreover, Fountana GmbH & Co. KG ensures, as far as technically possible, that all services to be provided in accordance with this contract are performed smoothly and without impediment. Fountana GmbH & Co. KG is not liable for the quality, quantity and timeliness of its contractually agreed services unless these services are impeded or restricted by intent or negligence.
Our online shop pages are protected by copyright. The reproduction or use of contents, including extracts thereof, is not permitted without the consent of Fountana GmbH & Co. KG.
Images are protected according to §72 of the Copyright Act.
Place of jurisdiction:
The place of jurisdiction for registered traders and public law entities is Düsseldorf, Germany, where the company is headquartered.
Fountana GmbH & Co. KG
General terms and conditions of Fountana GmbH & Co. KG for corporate clients
1. General clause
The following provisions apply to the entire duration of the business relationship, including - unless otherwise agreed - future business activities. The terms and conditions of our contractual partner do not apply, even if they are not contested.
2. Offers / prices
Offers are non-binding and subject to prior sale. Any attached documentation, including images, drawings and specifications of weight or dimensions, is approximate and non-binding. We reserve the right to modify models and designs. Manufacturing and delivery times are subject to correct and timely deliveries being made to us. Prices are calculated according to the prices valid on the delivery date or, for call-off orders, on the due date of acceptance of goods. Unless otherwise agreed, all prices are understood as gross ex-works or ex-warehouse prices, exclusive of VAT. There is an additional charge for packaging, freight, insurance and, if applicable, for the plinth, plants, granules, assembly and applicable VAT. Even for agreed fixed prices, we are entitled to add the applicable VAT at the time of billing.
3. Delivery and acceptance of goods
Our ability to deliver is subject to change. Delivery in instalments is admissible. Claims for non-delivery or delayed delivery are explicitly excluded unless caused by intent or negligence on our part and fixed deadlines were expressly agreed in writing. In any event, our liability is limited to the total order value.
Under circumstances of force majeure, we reserve the right to defer delivery for the duration of the hindrance, or to revoke the sections of the contract that have not yet been fulfilled. Such circumstances include strikes, lockouts and other circumstances beyond our control that would considerably impede or prevent delivery, irrespective of when these circumstances occur and whether they are experienced by us or by a subcontractor.
Once the goods leave our plant or warehouse, the risk is passed to the purchaser, even in exceptional cases of agreed carriage-paid delivery. In the event of a delayed dispatch for which the purchaser is responsible, the risk is transferred on the date of readiness for dispatch.
Delivery does not include unloading by the driver and is subject to a suitable access road. The purchaser shall provide the necessary workforce to ensure that the goods are correctly unloaded without delay. The goods will not be transported into the building. Waiting time will be charged according to the appropriate freight rates.
The driver must be informed in writing immediately, at the time of unloading, of any damage in transit or shortfalls. For goods dispatched by rail, this must be recorded by a railway official, if necessary from your premises. The case cannot be processed without this notice of damage and return of the freight documents.
4. Special orders
Goods that do not feature in our catalogue are deemed to be special orders. For such goods, any liability on our part for breach of warranty is excluded, unless caused by gross negligence or intent.
XXReturned consignments of flawless goods will not be refunded unless we have given you our consent to send them back. For agreed returns of flawless goods, we will charge a handling fee of 20% of the net value of the goods. Goods must be returned to us free of charge and in perfect condition. Special orders cannot be returned. Any changes to orders or cancellations must be made in writing.
Complaints due to clearly visible defects must be made without delay and in writing on receipt of the goods.
On receipt of a valid letter of complaint within the stipulated time limit, we will deliver a replacement free of charge for incorrect or faulty goods returned to us. At our discretion, the returned items will either be reworked, so that they conform to contract, or else replaced, provided that the returned items are unusable, or their use is severely impaired, owing to an event that occurred before the transfer of risk, in particular because of faulty design, poor materials or flawed workmanship.
The item that is the subject of the complaint must be carefully packaged and sent to us free of charge for inspection.
If the item is not repaired or replaced within a reasonable amount of time, the purchaser may cancel the contract or request a refund or price reduction. The purchaser is not entitled to compensation, even if damage has been caused by the use of a defective contractual item.
Goods delivered in bulk will be assessed as an average of the overall consignment. Depending on the type of products and their processing or treatment, variations that are normal in commercial practice, particularly regarding colour, surface appearance, dimensions, firmness, water uptake, weight or similar properties, are not valid grounds for complaint.
For products from external suppliers, we will transfer our claims against such suppliers to the purchaser in case of breach of warranty. The purchaser shall enforce his claims against the specified external supplier before calling on us. This also applies if the external supplier (third-party manufacturer) has issued a warranty for his products.
We are entitled to refuse to rectify shortcomings as long as the purchaser has not fulfilled his payment obligations.
Damage caused by incorrect use or handling, overburdening, unsuitable equipment or normal wear and tear is not considered valid grounds for a warranty claim. Any alterations or repairs made by the purchaser or any third party without our prior consent will nullify any liability on our part for the consequences of such alterations or repairs.
7. Retention of title
The delivery items remain our property until all contractual claims owed to us by virtue of the business relationship, including any assumed contingent liabilities, have been settled in full.
On default of payment, we are entitled to collect and remove goods that are subject to the retention of title in order to secure our rights under this clause. In this case, and at our discretion, we will either revoke the contract and uphold further claims for damages, or keep hold of these goods until full payment has been made. The purchaser shall agree to allow the persons designated by us to collect these goods to enter the storage location for this purpose. Goods under the retention of title may only be resold to third parties if we have been informed beforehand, and provided that our client agrees with his purchaser a retention of title clause that will remain valid until all claims arising from the business relationship have been settled. XXOur client shall already assign to us all claims arising from the resale to the value of the goods under the retention of title, and all ancillary rights. We accept this transfer of claims with immediate effect.
Payment is due on delivery of the contractual items and, for part-deliveries, in accordance with each part-delivery.
In the first instance, payment is offset against the oldest claim. Payment other than in cash is subject to our prior consent.
XXIf, by prior consent, payment is settled by check as agreed, and a bill of exchange is issued at the same time, the agreed retention of title remains valid until the bill of exchange has been fully discharged.
Our invoices are deemed to be accepted by the purchaser if he does not dispute them in writing within 8 days after billing. The purchaser shall refrain from enforcing any right to withhold payment arising from earlier or other commercial activities in the course of the ongoing business relationship. Off-setting with counter-claims is only admissible insofar as these claims are accepted by us and are due or legally effective.
We will grant a 2% discount for payment within 8 days. For payment within 20 days, the applicable prices will be the net prices. We will grant a 2% discount for direct debits.
We will add any accumulated interest on arrears, which will be at least 3% above the applicable German Central Bank discount rate. We reserve the right to enforce further claims for damage. We will charge a handling fee of 2.50 EUR for every reminder sent out after the due date for payment.
9. Damage claims
Claims for damages, particularly for damage that has not occurred to the delivery item itself, are excluded insofar as they are legally admissible and there is no mandatory liability on our part for any absence of promised product features or characteristics. This also applies to any other indirect damage incurred before or at the time the contract was concluded and any other ancillary obligations.
The purchaser is not entitled to transfer or pledge any claims arising from this contract, or pledge any delivered goods that are subject to the retention of title, transfer their ownership as security, or encumber them with any third-party rights. We must be informed immediately of any seizures of goods.
The place of jurisdiction and fulfilment of contract for both contractual parties is Düsseldorf, Germany, where our company is headquartered.
The business relationship is governed exclusively by German law.
© Fountana GmbH & Co. KG
General terms and conditions for the Lucky-Kitty partner programme
Once we have accepted your application, your participation in our partner programme is subject to the following conditions:
Partner programme - conditions of participation
Fountana GmbH & Co. KG
- hereinafter referred to as “lucky-kitty.de” -
the partner programme participant
- hereinafter referred to as “the PPP” -
lucky-kitty.de operates an online shop for the Lucky-Kitty Drinking Fountain for Cats under the URL: http://www.lucky-kitty.de.
The PPP operates a website that attracts attention to lucky-kitty.de offers with the aid of a link. In return, the PPP receives a results-based referral fee.
§1 Object of the contract
The object of this contract is the insertion of links on the PPP’s website for the purposes of advertising on behalf of lucky-kitty.de. In return, the PPP receives a results-based referral fee based on all actual revenue from product sales clearly traceable to the PPP via a special link.
The PPP inserts a specially created link on his website. This link enables visitors to the PPP’s website to access the lucky-kitty.de online shop.
The responsibility for the correct insertion of the link(s) lies solely with the PPP. We recommend that you use the facilities provided in the partner programme section of lucky-kitty.de to create your link(s). If the links do not comply with the correct form (if they contain an incorrect Web ID, for example), lucky-kitty.de will not be able to clearly register/identify visitors that have come from the PPP’s website. In such cases, we will not be able to pay a referral fee.
A change in the URL of the PPP’s website does not result in any change to this contract and is without prejudice to the rights and obligations of both parties.
The PPP may only place the lucky-kitty.de links on the website whose address (URL) he specified at the time of his application to join our programme.
§3 Order processing and enquiries
lucky-kitty.de is responsible for the entire processing of orders (accounting, customer service, cancellations, dispatch etc.).
lucky-kitty.de reserves the right to reject orders that do not comply with requirements. lucky-kitty.de has exclusive powers to decide whether or not an order meets requirements and is not obliged to give the PPP any reasons for its decision.
§4 Referral fees
In order for the PPP to be entitled to a referral fee, verifiable net turnover must be traceable to the PPP (see also §2). Verified net turnover is based exclusively on the net product price. Non-verifiable net turnover includes delivery costs, packaging costs and handling charges. Delivery, if carried out or agreed to by lucky-kitty.de, must be paid for in full by the customer before verifiable net turnover can be generated. Any amounts reimbursed to the customer do not count as verifiable net turnover (see also §5).
For all verified turnover generated by the PPP, the latter receives a percentage referral fee of 5-10%, graded according to turnover (1-5 fountains per month = 5%; 6-12 fountains per month = 7.5%; >12 fountains per month = 10%). The prerequisite for referral fee entitlement is always the fact that the customer, when placing his order, is using the online shop system on the lucky-kitty.de website and has come from the PPP’s website via a link. For this reason, it is essential that the right link format be used.
Referral fees are paid on a quarterly basis in the course of the month following the end of each calendar quarter. Fees are paid by bank transfer.
If the referral fee amounts to less than 20.00 EUR, lucky-kitty.de reserves the right to retain the amount owed to the PPP until the total reaches a minimum of 20.00 EUR (and at least until the next settlement of accounts is due) or until this agreement is terminated.
If a customer subsequently cancels a sale that initially generated the entitlement to a referral fee, or fails to fulfil his payment obligations, or fails to do so within the time limit, lucky-kitty.de is entitled to reclaim any referral fees already paid. If the PPP earns further entitlements to a commission in any of the following months, lucky-kitty.de is entitled to offset these claims accordingly. If no further sales are generated by the PPP, lucky-kitty.de will send the PPP, at the end of the respective month after next, a separate invoice for the amount to be refunded. Payment of this invoice is due immediately and must be transferred to the account designated in the invoice by lucky-kitty.de within a further two weeks.
§6 Warranties / liability on the part of the PPP
The PPP is fully responsible for the setting up, operation and updating of his website and for all the content on his website. The PPP is responsible for ensuring that all material on his website referring to lucky-kitty.de products is correct and accurate and does not violate third-party rights or is otherwise illegal or offensive, or damages any major business interests of lucky-kitty.de.
The PPP shall exempt lucky-kitty.de from any third-party claims.
The PPP is not entitled to issue or accept offers on behalf of lucky-kitty.de, or to represent lucky-kitty.de.
§7 Relationship between the parties
Both parties operate their websites independently of each other and are each solely responsible for the technical aspects, contents and design of their own website. This agreement does not establish a company, a community, an employment contract or a commercial agency contract between the parties. Neither of the parties is entitled to represent the other party and/or accept offers or make statements on the other party’s behalf.
§8 Contractual period / termination
The contract enters into force when lucky-kitty.de accepts your application and is open-ended. The contract may be terminated by e-mail at any time by either party with no need to give reasons or comply with any period of notice.
If the contract is terminated, lucky-kitty.de shall, in derogation from §5, draw up a final account as soon as all contracts under which the PPP may be entitled to a commission have been fulfilled and the amount of the outstanding commission has been finalised.
All further claims of the PPP, particularly for compensation for the termination of the contract, are excluded.
Any provisions of this contract that, by their very nature, call for application even after the termination of the contract, continue to be valid. This applies in particular to §5.
§9 Amendments to the conditions for participation
lucky-kitty.de is entitled to amend individual provisions of the contract on a regular basis in accordance with changes in circumstances. In such cases, lucky-kitty.de shall send the PPP a revised version of this contract four weeks before the planned changes come into force. The PPP may object in writing to the changes in the provisions within a period of two weeks after receipt, in which case the present contract is terminated. If lucky-kitty.de does not receive any objections from the PPP within this period, the amendments are deemed to be accepted.
§10 Final provisions
If one of the provisions of these conditions for participation is or becomes invalid, the other provisions remain in full force. Invalid provisions are to be replaced by ones that come closest to the intended meaning in lucky-kitty.de’s favour. The same applies to any gaps that may arise and need to be filled.
German law applies. The place of jurisdiction for all claims in connection with the business relationship is Düsseldorf, Germany, where Fountana GmbH & Co. KG is headquartered.
This agreement replaces any prior agreements between the parties concerning the object of this contract. Subsidiary agreements, including verbal agreements, are not affected. Amendments or additions to this agreement must be made in writing - this also applies to any waiver of this obligation.