GENERAL TERMS AND CONDITIONS
General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to contracts which you conclude with us as the provider (KN-Aquaristik Versandhandel GmbH) via the Internet site www.kn-aquaristik.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access 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 your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button "order subject to payment" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are not binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of Retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will not affect your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. identity of the seller
KN-Aquaristik Versandhandel GmbH
Haderslebener Str. 4a
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions of Business (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete text of the contract is not stored by us. Before sending the order via the online - shopping cart system the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
6. prices and terms of payment
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
6.3. Costs incurred for the transfer of money (bank transfer or exchange rate charges of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but payment has been arranged outside the European Union.
6.4 The payment methods available to you are shown under an appropriately designated button on our website or in the respective offer.
6.5 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
8. legal liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).
These general terms and conditions and customer information have been prepared by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 19.11.2018