Terrarium-Moos

General Terms and Conditions

1. scope of application

The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract

The purchase contract is concluded with Insektenliebe GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

When the contract with us is concluded depends on the payment method you have chosen:

Prepayment

We will accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

3. contract language, contract text storage

The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC by email. You can also view the terms and conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.

4. terms of delivery

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

5. payment

The following payment methods are available in our store:

Prepayment

If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

6. reservation of title

The goods shall remain our property until payment has been made in full.
The following also applies to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. transportation damage

The following applies to consumers:

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

The following applies to entrepreneurs:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. animal shipping

At outside temperatures below 0°C and above 30°C, we do not recommend shipping live insects and invertebrates; transportation at these temperatures is at the risk of the buyer. As an indication of the current temperatures, you can refer to the website wetter.com, for example. If the delivery time for deliveries outside Germany is delayed by customs or other events beyond our control and the animals die as a result, the buyer bears the risk and costs, as INSEKTENLIEBE cannot influence these processes. This should be considered before purchase.

9 Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse in accordance with § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

10. liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. code of conduct

We do not subject ourselves to any codes of conduct. The terms and conditions of the Internet trading platform remain unaffected.

12. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.