General Terms and Conditions

1. scope of application

These General Terms and Conditions apply to all contracts between the seller and the customer via the online store, in particular for the sale of live animals and accessories.

Live animals and accessories are subject to different legal regulations, which are expressly described separately below.

2 Contractual partner, conclusion of contract

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order.

By sending the order, the customer submits a binding purchase offer. The contract is only concluded upon confirmation of dispatch or delivery of the goods.

3. right of withdrawal

3.1 No right of withdrawal for live animals

There is no right of withdrawal for contracts for the delivery of live animals in accordance with § 312g para. 2 no. 6 BGB.

The return of live animals is excluded for reasons of animal welfare, the unreasonableness of the return and species-appropriate care.

The unauthorized return of live animals is expressly prohibited.

3.2 Right of withdrawal for accessories

The statutory right of withdrawal of 14 days from receipt of the goods applies to accessories.

In the event of revocation:

– the customer bears the direct costs of the return shipment,

– the customer must pay compensation if the goods have been used beyond the inspection, as would have been possible in a retail store.

4. separation of animal and accessory orders

Orders for live animals and accessories are treated separately in legal terms.

The revocation of accessories does not affect the purchase contract for live animals.

In the case of mixed orders, the relevant statutory provisions shall apply to each part.

5. voluntary live arrival guarantee (24 hours)

5.1 Scope of the guarantee

The seller grants a voluntary live arrival guarantee of 24 hours from delivery of the shipment.

This guarantee applies exclusively to transport damage or death of the animals during transportation.

Statutory warranty rights remain unaffected by this.

Prerequisites:

– Notification within 24 hours

– informative photos of the animals and the transport packaging

– Proof of proper unpacking

5.2 Type of regulation

The animals will not be returned.

Within the scope of the voluntary live arrival guarantee, settlement shall be made at the seller’s discretion by replacement delivery or refund.

5.3 Exclusion in the event of improper conduct

No entitlement exists for:

– Non-acceptance of the shipment

– unauthorized action

– improper treatment of the animals

– Trading without consulting the seller

5.4 Duty to check immediately

The customer is obliged to open the consignment immediately upon receipt and to check the condition and completeness of the animals without delay.

6. shipping conditions and shipping risk

6.1 Species-appropriate shipping

Live animals are shipped exclusively under species-appropriate and seasonally suitable conditions.

The seller reserves the right to postpone shipment in the event of unsuitable conditions.

6.2 Shipping risk

The seller bears the shipping risk until the shipment is handed over to the customer.

6.3 Express delivery

Delays caused by the shipping service provider are beyond the seller’s control. Legal rights remain unaffected.

6.4 Default of acceptance by the customer

If the customer does not accept the consignment or delays acceptance for reasons for which he is responsible, he shall be in default of acceptance.

The seller is authorized:

– to withdraw from the contract

– to invoice the costs incurred as a result of the default of acceptance as well as reasonable compensation for lost value

– to demand compensation for expenses incurred.

In this case, there is no entitlement to a replacement delivery or reimbursement, insofar as legally permissible.

7. returns

Returns of live animals are excluded.

Accessories will only be returned within the scope of the statutory right of withdrawal.

8. shipping costs for revocation of accessories

In the event of a withdrawal, the seller will reimburse the shipping costs in the amount of the standard shipping offered.

The customer shall bear the costs of the return shipment.

9. warranty

The statutory warranty rights apply.

In the case of live animals, the warranty relates exclusively to defects that already existed at the time of handover.

In particular, problems due to keeping, care, feeding or socialization after handover are not covered.

Obvious defects must be reported immediately by submitting informative photos. Light sources, especially those with filaments, are subject to natural wear and tear.
Failure as a result of intended use does not constitute a material defect within the meaning of the statutory warranty.

The statutory regulations on the burden of proof, in particular § 477 BGB, remain unaffected.

10. liability

The seller shall be liable without limitation in the event of intent, gross negligence, injury to life, limb or health and under the Product Liability Act.

In the event of slight negligence, the seller shall only be liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. expertise and responsibility of the customer

By purchasing live animals, the customer confirms that they have the necessary expertise and suitable husbandry conditions.

The seller is not liable for damage due to unsuitable storage after delivery.

12. partial deliveries

Partial deliveries are permissible insofar as they are reasonable for the customer.

13. incorrect address details

The customer is liable for damages and additional costs due to incorrect or incomplete delivery address details.

14. communication

Legally relevant declarations by the seller can be made by e-mail to the address provided by the customer.

15. reservation of title

The goods remain the property of the seller until full payment has been made.

16. final provisions

Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

17. exclusion of the live arrival guarantee for deliveries outside the EU

The live arrival guarantee applies exclusively to deliveries within the European Union.

This is excluded for deliveries to non-EU countries due to longer transportation routes and customs clearance.

Statutory warranty rights remain unaffected.

18. corporate clients

The following applies to entrepreneurs within the meaning of § 14 BGB:

– Warranty period one year

– The reversal of the burden of proof according to § 477 BGB does not apply to entrepreneurs

– Immediate obligation to inspect and give notice of defects

19. place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the seller.