VetProcure, Kernserstrasse 17, 6060 Sarnen, Switzerland, (hereinafter referred to as VetProcure), operates a sales platform (Platform) for veterinary supplies (Products) which is accessible via the website https://vetprocure.com (Website). On this Platform, registered veterinarians (hereinafter Buyers) can view and order Products offered by registered sellers (hereinafter Sellers). Online services operated by third parties to which Buyers hold access rights — including Seller portals, supplier systems and buying-group portals — are referred to as Third-Party Sites, and information available to Buyers on such Third-Party Sites that is necessary for the provision of the Platform and Services is referred to as Account Information.

The present Terms of Use (hereinafter Terms) apply to the registration to and the use of the Platform by Buyers. In case of individual contracts between Buyers and VetProcure, such individual contracts prevail.

1. General provisions

The Platform can be accessed via the VetProcure Website. Buyers may view lists of Products displayed on the Platform and make offers to Sellers to purchase Products, provided that the respective conditions are met. Registration on the Platform is free.

Declarations of intent to purchase Products are exchanged solely between the Seller and the Buyer, and any contracts for the Products are entered into solely between the Seller and the Buyer. VetProcure itself does not act as a Buyer or Seller and does not become a party to any contract for the purchase of Products. There are no claims against VetProcure regarding the Products and there is no right of withdrawal against VetProcure.

For the avoidance of doubt, the relationship between VetProcure and the Sellers does not constitute a contract for the benefit of or with any protective effect for any third party.

2. Buyer registration, general Buyer obligations  

2.1. Entitled Buyers

Use of the Platform requires registration as a Buyer and the creation of a Buyer account (Account). Registration as a Buyer is only open to veterinarians who are licensed to practice in Germany, or authorized employees in German veterinary clinics, pharmacies, or similar entities. Private pet or animal owners are not allowed to use the platform.  

2.2. Information obligations

The information requested by VetProcure during registration must be provided in full and to the best of the Buyer’s knowledge. VetProcure reserves the right to request additional information. If any data changes after registration, the Buyer is obliged to update the information in the Account immediately. In particular, VetProcure must be informed immediately if the competent authorities withdraw any licenses to practice.

2.3. General Buyer obligations

Upon registration, a username and password must be created for the Account. Buyers must not disclose their username and password to third parties and must take appropriate measures to keep their username and password confidential and to prevent misuse of their Account. Should the Buyer have any indication of misuse of the Account, he/she is obliged to inform VetProcure immediately. Each Buyer may only create one Account. Accounts are not transferable. The Buyer is liable for all activities that are carried out using his/her Account.

2.4. Authority of VetProcure

To clarify, the opening of an Account is at the discretion of VetProcure. VetProcure reserves the right to delete Accounts of former Buyers or information from incomplete registrations at any time.

3. Third-Party Accounts; Authorization to Access Account Information

3.1. Limited Power of Attorney

To the extent necessary for VetProcure to provide the Platform and Services to you, you grant VetProcure a limited power of attorney and appoint VetProcure as your attorney-in-fact and authorized agent to access the Third-Party Sites you identify, and to retrieve and use your Account Information, with the power and authority to take those actions you could take yourself for this limited purpose. When accessing and retrieving Account Information from Third-Party Sites, VetProcure acts solely as your authorized agent and not as the agent of, or on behalf of, the third party operating the relevant site.

3.2. Scope and Restrictions

VetProcure will use Account Information only as necessary to provide the Platform and Services and in accordance with these Terms and Section 8 (Data protection). You may revoke this authorization at any time by removing the relevant Third-Party Site connection or by terminating your Account; revocation does not affect actions taken prior to revocation.

3.3. Your Representations

You represent and warrant that (i) you have all rights and authority necessary to grant the authorization above; (ii) your use of the Third-Party Sites and the sharing of Account Information with VetProcure do not breach any agreement or applicable law; and (iii) the Account Information you cause to be accessed is accurate to the best of your knowledge.

3.4. Indemnity for Breach of Representations

In the event of any breach of the representations and warranties in Section 3.4, you agree to indemnify and hold VetProcure harmless from claims, losses, and liabilities arising therefrom, to the extent permitted by applicable law. This indemnity is without prejudice to the liability framework set out in Section 5 (Warranty and liability).

3.5. No VetProcure Participation in Purchase Contracts

For the avoidance of doubt, this authorization does not make VetProcure a party to any contract between Buyer and Seller, nor does it affect the provisions stating that contracts for Products are concluded solely between Sellers and Buyers.

4. Your contribution to Anonymous Market Insights

As a condition for access to the Platform, the Buyer provides order and usage data which VetProcure processes into anonymized, aggregated market insights for the improvement and funding of the Services (as defined in these Terms and Section 9 (Data protection).

These insights do not contain any clinic or buying-group identity, any individual prices or volumes, and are published only with k-anonymity (≥10 entities) and rounding/noise.

The Buyer acknowledges that this data contribution is essential to the continuity of the Platform and therefore does not permit an opt-out (see Privacy Notice at https://vetprocure.com/privacy-policy).

 VetProcure applies purpose limitation and data minimization: for fulfilment, VetProcure shares only order-necessary data with the relevant Supplier; for insights, VetProcure uses only the fields strictly required.

5. Sales process, sales terms

5.1. Sales process

In order to purchase a Product, a Buyer must add the Product to the shopping basket, check the information and submit a binding purchase offer by clicking on the  button.

VetProcure will send the Buyer a confirmation of transmission as soon as the purchase offer has been forwarded to the Seller. This confirmation does not constitute acceptance of the offer, which can only be declared by the Seller. The sales contract between Buyer and Seller is not concluded until the Seller expressly declares acceptance of the offer to the Buyer via the email confirmation on the Platform.

5.2. Sales terms

To clarify, VetProcure has no influence on the availability of the Products offered by the Seller, or on any particular sales terms between Seller and Buyer. In particular, payment for and shipping of the Products as well as related costs are agreed bilaterally between Seller and Buyer. VetProcure may suggest logistics partners for shipping services, but VetProcure is not part of any agreement between the Seller and the shipping company.

Moreover, VetProcure has no influence on any contractual rights of withdrawal or cancellation between Seller and Buyer. Any cancellation or withdrawal from the purchase contract cannot be declared to VetProcure, but only to the Seller. 

6. Warranty and liability

The Seller is responsible for any warranty or liability claims relating to the Products. VetProcure does not provide any warranty for Products.

VetProcure is liable without limitation to Buyers for damages resulting from injury to body or health as well as for damages resulting from an intentional or grossly negligent breach of duty by VetProcure or one of its legal representatives, in accordance with the applicable statutory provisions. In all other cases, VetProcure is only liable for culpable breach of essential contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contract, and only for contract-typical, foreseeable damages. Any further liability of VetProcure is excluded.

7. Operation of the Platform

7.1. Platform Content and Third-Party Materials

Product names, descriptions, images, availability, pricing and other content may originate from Sellers, manufacturers, distributors or other third parties. VetProcure may curate such information but does not warrant that content on the Platform is complete, accurate or up-to-date at all times. Decisions based on such information are made at your own responsibility; where in doubt, please verify with the Seller or manufacturer. If you notice an error, contact support@vetprocure.com.

7.2. Intellectual Property; No Transfer of Rights

The Platform and its contents and functionality are protected by intellectual property rights. No rights are transferred to Buyers by using the Platform. VetProcure names, logos and related marks are trademarks of VetProcure. Other names and logos shown may be trademarks of their respective owners and are used for identification only.

7.3. Prohibited Uses

You may use the Platform only in accordance with these Terms and applicable law. In particular, you must not: (i) disable, overburden, damage or interfere with the Platform; (ii) attempt to gain unauthorized access to the Platform or connected systems; (iii) introduce malware or similar harmful code; (iv) copy, monitor or scrape content except as permitted by these Terms; (v) reverse engineer, decompile or create derivative works of the Platform; (vi) impersonate others or otherwise misuse identities; or (vii) engage in conduct that restricts or inhibits others from using the Platform or that may expose VetProcure or users to liability.

7.4. Safety and Cooperation with Investigations

VetProcure may cooperate with competent authorities and, where appropriate, with veterinary businesses regarding suspected unlawful use of the Platform. Disclosures will be made only as required by law or to protect rights and safety.

7.5. Changes to the Platform and Services

VetProcure provides the Platform as is and does not guarantee any particular features or availability of the platform. In particular, short downtimes may occur at any time for the purpose of optimizing or redesigning the Platform. VetProcure reserves the right to make changes to the Platform at any time.

7.6. Electronic Communications

We may provide notices and other information related to the Platform by email or through your Account. Such communications satisfy any “in writing” requirement, unless mandatory law requires another form

8. Amendment of the Terms

VetProcure may amend these Terms at any time. The amended Terms will be announced at least two weeks before they come into force. Buyers may object to the validity of the amended Terms within two weeks of becoming aware of them. If no such objection is made, the new Terms shall be deemed accepted. VetProcure will notify Buyers separately about the consequences of not objecting.

9. Data protection

For information on how VetProcure processes personal data, please refer to the separate privacy notice which can be accessed at https://vetprocure.com/privacy-policy.

10. Termination, blocking of Buyers

10.1. Termination by Buyers

Buyers may terminate the use of the Platform at any time without notice, by sending a notice of termination to: Support@vetprocure.com.

If a Buyer terminates the use of the Platform, the corresponding Account and any information therein will be deleted by VetProcure, subject to any conflicting legal retention obligations and/or overriding legitimate interests of VetProcure in further storage. Any obligations of the Buyers that have arisen at or before the time of termination remain unaffected.

10.2. Termination of Buyers by VetProcure

VetProcure reserves the right to terminate the use of the Platform by any Buyers at any time with immediate effect in the event of a serious breach of these Terms, in the event of a suspicion of fraud against a Seller, or in cases of suspected misuse of the Platform or the Website, to prevent the use of malware or other harmful means, and to protect VetProcure’s own interests.

Any obligations of the Buyer that have arisen at or before the time of termination remain unaffected.

10.3. Blocking of Buyers by VetProcure

VetProcure reserves the right to temporarily or permanently block Accounts without prior notice and thereby exclude the affected Buyer from further use of the Platform in whole or in part, provided that there is a legitimate interest in doing do so. Such a legitimate interest exists, for example, in the event of a serious breach of these Terms, in the event of a suspicion of fraud against a Seller, or in cases of suspected misuse of the Platform or the Website, to prevent the use of malware or other harmful means, and to protect VetProcure’s own interests.

VetProcure reserves the right to charge the Buyer responsible for the costs of the blocking or restriction caused by him, as well as for the unblocking, at VetProcure’s reasonable discretion, taking into account the actual costs incurred. The Buyer has the opportunity to prove the inaccuracy of the estimated costs.

11. Miscellaneous

If any provision or part of a provision of these Terms is invalid, the remaining provisions or parts of the provision shall remain unaffected.

12. Applicable law, choice of court

All legal relationships and disputes arising between VetProcure and Buyers in connection with these Terms and/or the use of the Platform shall be governed by Swiss law. The place of jurisdiction for all disputes arising between VetProcure and Buyers in connection with the use of the Platform is at the seat of VetProcure.