of
Happy Diskus – e.Kfr.
Proprietor: Claudia Seidel
Ernst-Geßner-Straße 8
08294 Lößnitz
Germany
Telephone: +49 (0) 3771 2543-0
Fax: +49 (0) 3771 2543-20
Email: info@aquaristikshop.business
Commercial Register: Local Court of Chemnitz, HRA 5691
VAT Identification Number: DE192802817
for the online shop operated under the domain aquaristikshop.business, hereinafter referred to as “Aquaristikshop” or “we”.
1. Scope and Definitions
1.1 These General Terms and Conditions apply to all contracts concluded by customers with Happy Diskus – e.Kfr. through the online shop operated at aquaristikshop.business.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the course of their trade, business or profession.
1.4 For the purposes of these General Terms and Conditions, the term “customer” includes both consumers and traders.
1.5 In relation to traders, any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall apply only if we have expressly agreed to their application. Individual agreements shall remain unaffected.
2. Contract Language, Storage of the Contract Text and Correction of Entries
2.1 The language available for concluding the contract is German. Where the ordering process and contractual documents are also offered in another language, the contract may additionally be concluded in that language.
2.2 The customer may review and correct their entries before submitting the order using the technical tools provided during the ordering process. Before submitting the binding order, the essential order details are displayed once more in an order summary.
2.3 Before submitting the order, the customer may save or print the order details and these General Terms and Conditions using the standard functions of their browser.
2.4 We store the order details in accordance with the applicable statutory retention requirements. After submitting the order, the customer will receive the order details by email. Where a customer account has been created, the customer may also view the order information made available in that account.
3. Conclusion of the Contract
3.1 The presentation of goods in our online shop does not constitute a legally binding offer to conclude a purchase contract. It constitutes a non-binding invitation to the customer to submit an order.
3.2 The customer may initially place the desired goods in the shopping cart without obligation. By clicking the final order button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
3.3 After receipt of the order, the customer will automatically receive an order receipt confirmation by email. This email merely confirms that the order has been received by us. It does not constitute acceptance of the customer’s offer and does not confirm that a contract has already been concluded.
3.4 The purchase contract is concluded when we accept the customer’s offer by:
a) sending a separate shipping confirmation by email; or
b) handing over the ordered goods to the shipping service provider or carrier.
The contract is concluded upon the occurrence of the first of these events.
3.5 An automated payment confirmation, payment authorisation or notification issued by a payment service provider does not, in itself, constitute acceptance of the order by us.
3.6 We may accept the customer’s offer within five calendar days following receipt of the order. If we do not accept the order within this period, no contract is concluded.
3.7 If an order is not accepted, or is accepted only in part, we will inform the customer without undue delay. Any payments already received for goods not accepted will be refunded without undue delay using the payment method originally used, unless otherwise agreed with the customer.
3.8 Where several goods are ordered, a contract may also be concluded for only part of the goods ordered, provided that this is clearly stated in our shipping confirmation or only part of the goods is dispatched.
4. Goods Offered and Availability
4.1 Product information, illustrations, drawings, dimensions, weights, performance data and other product descriptions are intended to describe the relevant goods. Minor deviations, particularly those resulting from different screen settings or production-related changes, shall remain permissible provided they are reasonable for the customer and do not impair the agreed quality or characteristics of the goods.
4.2 Information concerning availability and delivery times is provided to the best of our knowledge. If ordered goods are exceptionally unavailable despite careful stock planning, we will inform the customer without undue delay.
4.3 A reservation regarding correct and timely self-supply shall apply only where we have concluded a specific covering transaction with a reliable supplier, where we are not supplied or are not supplied on time through no fault of our own, and where the lack of availability was not foreseeable at the time the contract was concluded.
4.4 In the event of permanent unavailability, we shall be entitled to withdraw from the contract. Any payments already received will be refunded without undue delay. The customer’s statutory rights shall otherwise remain unaffected.
5. Prices and Shipping Costs
5.1 The prices displayed in the online shop at the time the order is placed shall apply.
5.2 Prices stated to consumers are total prices and include the applicable statutory value added tax.
5.3 Any additional delivery and shipping costs will be displayed to the customer before the order is submitted. Details are set out in the current shipping cost information available in the online shop.
5.4 Where additional freight, forwarding or bulky-goods charges apply to particularly large, heavy or long goods, these charges will be displayed to the customer before the order is submitted.
5.5 In the case of deliveries to countries outside the European Union, additional customs duties, import VAT, fees or other public charges may apply. These charges are not levied by us and must be paid by the customer directly to the competent customs, tax or other authorities.
5.6 For deliveries to traders within the European Union or to third countries, the statutory provisions governing VAT treatment shall apply. A VAT-exempt delivery requires compliance with all applicable statutory conditions and the availability of the necessary evidence.
6. Payment Terms
6.1 The payment methods available to the customer are those displayed during the relevant ordering process.
6.2 The availability of individual payment methods may depend in particular on the country of delivery, the order value, the type of goods ordered and any identity, creditworthiness, security or availability checks carried out by the relevant payment service provider.
6.3 In the case of payment in advance, we will provide the customer with the payment details separately. The invoice amount must be paid within the period specified in the payment information.
6.4 Where payment is made through a payment service provider, the contractual and usage terms of that payment service provider shall additionally apply. During the ordering process, the customer may be redirected to the website or user interface of the payment service provider.
6.5 The authorisation or charging of a payment method before conclusion of the purchase contract does not mean that the order has already been accepted. If the order is not accepted, any amount already collected will be refunded without undue delay or any existing authorisation will be cancelled.
6.6 Where payment is made by direct debit, the customer must ensure that sufficient funds are available in the specified account. If a direct debit is returned for reasons attributable to the customer, the customer must reimburse the actual return debit costs incurred by us. The customer shall be entitled to prove that no loss or a substantially lower loss was incurred.
6.7 Invoices are due for payment at the time stated on the invoice or during the ordering process. If no separate due date is specified, the statutory provisions shall apply.
6.8 In the event of default in payment, the statutory provisions shall apply.
7. Delivery and Transfer of Risk
7.1 Delivery will be made to the delivery address specified by the customer during the ordering process, unless otherwise agreed.
7.2 The available delivery territories, shipping methods, shipping costs and estimated delivery times are stated in the online shop.
7.3 Unless a particular shipping method or shipping service provider has been expressly agreed, we shall select a suitable shipping service provider having regard to the type of goods and the delivery destination.
7.4 In the case of deliveries by freight forwarder, delivery shall be made to the kerbside, unless otherwise stated in the offer or during the ordering process. The goods will be made available at the nearest public unloading point accessible by a freight vehicle. Further transport to the installation location is not included in the delivery service.
7.5 Where several goods are ordered, we may make partial deliveries provided this is reasonable for the customer. The customer will not incur additional shipping costs as a result, unless the partial delivery is made at the customer’s express request.
7.6 In relation to consumers, the risk of accidental loss of or accidental damage to the goods shall pass only upon delivery of the goods to the consumer or to a third party authorised by the consumer to receive them. This shall not apply where the consumer independently commissions a carrier not previously nominated by us.
7.7 In relation to traders, the risk of accidental loss of or accidental damage to the goods shall pass upon delivery of the goods to the freight forwarder, carrier or other third party appointed to carry out the shipment.
7.8 If delivery is delayed due to force majeure or other events beyond our control, agreed delivery periods shall be extended by the duration of the impediment plus a reasonable start-up period. This shall apply in particular to natural events, official measures, lawful industrial action, significant transport disruptions, energy or raw material shortages, war, terrorist attacks, epidemics, pandemics or comparable events. We will inform the customer without undue delay of any foreseeable material delay.
7.9 If an impediment within the meaning of Section 7.8 continues for an extended period and, taking into account all circumstances of the individual case and the agreed delivery period, either party cannot reasonably be expected to remain bound by the contract, that party may withdraw from the contract with regard to the part not yet performed. Longer delivery periods agreed with or communicated to the customer before conclusion of the contract, particularly in the case of custom-made goods, do not in themselves constitute an impediment or a delay in delivery. Statutory rights of withdrawal and termination shall remain unaffected.
7.10 Claims for damages arising from delayed delivery shall be governed by the statutory provisions and the liability provisions set out in Section 12 of these General Terms and Conditions.
8. Receipt of Goods and Transport Damage
8.1 Consumers are requested, where possible, to report obvious transport damage directly to the delivery agent and to notify us accordingly. Failure to make such a report or notification shall not affect the consumer’s statutory rights in respect of defects.
8.2 For traders, Section 377 of the German Commercial Code shall apply. The trader must inspect the goods without undue delay after delivery and notify us of any apparent defects without undue delay. If no notification is made, the goods shall be deemed approved, unless the defect was not identifiable during the inspection.
9. Retention of Title
9.1 In relation to consumers, the delivered goods shall remain our property until the respective purchase price has been paid in full.
9.2 In relation to traders, we retain title to all delivered goods until all claims arising from the ongoing business relationship have been settled in full.
9.3 Traders are entitled to resell goods subject to retention of title in the ordinary course of business. The trader hereby assigns to us, in advance, any claims arising from such resale up to the invoice value of the goods subject to retention of title. We hereby accept the assignment.
9.4 The trader shall remain entitled to collect the assigned claim. We may collect the claim ourselves if the trader fails to meet their payment obligations properly.
9.5 If goods subject to retention of title are processed, transformed or combined by a trader, we shall acquire co-ownership of the resulting item in the proportion that the invoice value of the goods subject to retention of title bears to the value of the other processed items at the time of processing.
9.6 If the realisable value of the securities exceeds our claims by more than ten per cent, we will release securities of our choice at the trader’s request.
10. Statutory Rights in Respect of Defects and Guarantees
10.1 Consumers shall be entitled to the statutory rights in respect of defects.
10.2 If the goods are defective, the consumer may initially request subsequent performance in accordance with the statutory provisions. Subject to the statutory requirements, the consumer may choose between repair of the defect and delivery of defect-free goods.
10.3 Statutory rights to withdraw from the contract, reduce the purchase price, claim damages or claim reimbursement of wasted expenditure shall remain unaffected where the relevant statutory requirements are met.
10.4 In relation to traders, the limitation period for claims based on defects in newly manufactured goods shall be one year from delivery of the goods. This reduced limitation period shall not apply:
a) to claims for damages;
b) in cases of intentional or fraudulent conduct;
c) to damage resulting from injury to life, body or health;
d) to claims under the German Product Liability Act;
e) where guarantees have been given;
f) to statutory rights of recourse; or
g) where a longer statutory limitation period is mandatory.
10.5 In relation to traders, we shall be entitled to choose the type of subsequent performance, insofar as permitted by law.
10.6 Any additional manufacturer’s or seller’s guarantees shall apply in addition to the statutory rights in respect of defects. The content, duration and conditions of a guarantee shall be determined by the relevant guarantee declaration. The customer’s statutory rights shall not be restricted by a guarantee.
11. Set-Off and Right of Retention
11.1 The customer may set off claims against our claims where the customer’s counterclaims are undisputed or have been finally determined by a court.
11.2 The restriction set out in Section 11.1 shall not apply to counterclaims arising from the same contractual relationship.
11.3 The customer may exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
11.4 In relation to traders, any further statutory restrictions on rights of set-off or retention shall remain unaffected.
12. Liability
12.1 We shall have unlimited liability:
a) in cases of intent and gross negligence;
b) for damage resulting from injury to life, body or health;
c) under the provisions of the German Product Liability Act;
d) within the scope of a guarantee assumed by us; and
e) where a defect has been fraudulently concealed.
12.2 In the event of a slightly negligent breach of a material contractual obligation, our liability shall be limited to the loss typically foreseeable at the time the contract was concluded.
12.3 Material contractual obligations are obligations whose proper performance is essential for the due performance of the contract and on whose fulfilment the customer may regularly rely.
12.4 Liability for slightly negligent breaches of obligations other than material contractual obligations is excluded.
12.5 The above limitations of liability shall also apply in favour of our legal representatives, employees, staff members and vicarious agents.
12.6 The statutory rules governing the burden of proof shall not be affected by these liability provisions.
13. Special Provisions for Goods Manufactured to Customer Specifications
13.1 In the case of goods manufactured to customer specifications or clearly personalised to the customer’s requirements, the dimensions, designs, drill holes, cut-outs, colours and other specifications provided by the customer shall be decisive.
13.2 The customer is required to carefully check the information provided before submitting the order. Changes after production has commenced shall be possible only with our express agreement.
13.3 In the case of dimensions and customised products, technically or materially unavoidable tolerances within customary industry limits shall remain permissible, provided that they do not impair the agreed fitness for use.
13.4 The statutory right of withdrawal may be excluded in the case of non-prefabricated goods where an individual choice or decision by the consumer is decisive for their manufacture, or where the goods are clearly personalised to the consumer’s needs. Further details are set out in the cancellation policy.
14. Applicable Law
14.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
14.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
15. Place of Jurisdiction
15.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered place of business shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
15.2 The same shall apply where a trader has no general place of jurisdiction in Germany or where the trader’s residence or habitual residence is unknown at the time legal proceedings are commenced.
15.3 We shall also be entitled to bring proceedings against a trader at the trader’s general place of jurisdiction.
15.4 In relation to consumers, the statutory rules governing jurisdiction shall apply.
16. Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
