CONDITIONS GÉNÉRALES ET INFORMATIONS JURIDIQUES POUR LE MAGASIN EN LIGNE AQUA-TERRA24.DE ET REPTILE-PLANET-SHOP.DE Conditions générales et consumer information

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between Aqua-Terra24/Reptile-Planet, owner Jörg Lindner, Ringstr. 38, 83224 Grassau, Germany - hereinafter referred to as the supplier - and the customer, which are concluded via the supplier's website https://aqua-terra24.de and https://reptile-planet-shop.de. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

(3) The contract language is German. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by the provider, the order data, the legally required information for distance selling contracts and the general terms and conditions are sent to the customer again by email.

In the case of requests for quotations that are sent to the provider, e.g. by email, fax, in writing or via a request form integrated on the website, the customer receives all contract data as part of a binding offer by email, which the customer can print out or save electronically.

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the provider's website. 
The supplier sells the goods partially or exclusively as a commission agent in his own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, the contractual partner with all rights and obligations is the supplier.

§ 3 Formation of the contract

(1) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". The customer can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting the order, the customer has the option of checking all details again, changing them (also using the "back" function of the Internet browser) or canceling the purchase.
By submitting the order via the "order with obligation to pay" button, the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound by his order. In this case, any services already rendered will be refunded immediately.

(4) Inquiries by the customer for the purchase of goods or for the preparation of individual offers outside the online shopping cart system, which are sent to the provider e.g. by email, fax, in writing or via an inquiry form integrated on the website, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, in part automatically. The customer must therefore ensure that the email address provided by him to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Prices, shipping costs

(1) The prices quoted in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes.

If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.

(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page, are shown separately during the ordering process and are to be borne by the customer in addition, unless delivery free of shipping costs has been agreed.

(3) The customer shall receive an invoice with VAT shown unless the goods are subject to differential taxation. VAT is included in the purchase price in this respect, but is not shown in accordance with the provisions of the Value Added Tax Act.

§ 5 Terms of payment and shipping

(1) The terms and conditions for payment and shipping can be found under the button of the same name in the navigation bar.

(2) Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.

If the customer is an entrepreneur, delivery and shipment shall be at the customer's risk.

§ 6 Right of retention, retention of title

(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain the property of the supplier until the purchase price has been paid in full.

(3) If the customer is an entrepreneur, the following also applies:

(a) The supplier retains title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to the supplier accepting the assignment all claims in the amount of the invoice amount arising from the resale. The customer is further authorized to collect the claim. However, if he does not meet his payment obligations properly, the supplier reserves the right to collect the claim himself.
c) If the reserved goods are combined and mixed, the supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The supplier undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realizable value of the securities of the supplier exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the supplier.

§ 7 Warranty towards consumers

The warranty shall be in accordance with the statutory provisions.

 § 8 Warranty towards entrepreneurs

(1) Duty to give notice of defects
Warranty rights of the customer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.

(2) Statute of limitations
Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our customer. The above provisions shall not apply if the law prescribes longer periods in accordance with § 438 para. 1 no. 2 BGB (buildings and items for buildings), § 479 para. 1 BGB (right of recourse) and § 634a para. 1 BGB (building defects). Our consent must be obtained before any return of the goods.

(3) Rectification of defects
If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent performance within a reasonable period of time. Recourse claims shall remain unaffected by the above provision without restriction.

(4) Withdrawal from the contract
If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

(5) Exclusion of reasons for defects
Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not provided for in the contract.

If improper repair work or modifications are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences.

(6) Transportation of the goods
Claims of the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the customer's branch office, unless the transfer corresponds to their intended use.

(7) Right of recourse

The customer shall only have a right of recourse against us to the extent that the customer has not made any agreements with his customer that go beyond the statutory mandatory claims for defects. Paragraph 6. shall also apply accordingly to the scope of the customer's right of recourse against the supplier.

§ 9 Revocation of the contract for consumers 

§10 Transport damage

If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. By doing so, you help us to assert our own claims against the carrier or the transport insurance company.

§ 11 Liability

(1) The supplier shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase, damages under the Product Liability Act and in all other cases regulated by law.

(2) If essential contractual obligations are affected, the liability of the supplier is limited to the foreseeable damage typical for the contract in the case of slight negligence. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 12 Complaints procedure

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our legal notice. We are neither obliged nor willing to participate in a dispute resolution procedure.

§13 Choice of law, place of performance, place of jurisdiction

(1) Applicable law
German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

(2) Place of performance/jurisdiction
For entrepreneurs: Place of performance and place of jurisdiction is the registered office of the provider
For consumers: statutory regulation

(3) Consumer law
For customers who conclude the contract for a purpose that cannot be attributed to their commercial or independent professional activity (consumers), this choice of law shall only apply insofar as it does not deprive them of the rights conferred by mandatory provisions of the law of the country in which they have their habitual residence.

(4) The contract language is German

§ 14 Data protection

Information on data protection can be found at https://aqua-terra24.de/en/datenschutz