General Terms and Confitions
1. Scope
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
These General Terms and Conditions shall also apply to future business relations 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. Contract partner, conclusion of contract
The sales contract is concluded with Stefan Reebig.
The presentation of the products on our online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
When the contract is concluded with us depends on the method of payment chosen by you:
Payment in Advance
We accept your order by sending an acceptance declaration in a separate e-mail within two days, in which we 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 order to PayPal. After placing the order in the shop, 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 contract text and send you the order details and our general terms and conditions by e-mail. You can also view the general terms and conditions on this page at any time. For security reasons, your previous orders are no longer accessible via the Internet.
4. Terms of delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.
5. Payment
The following payment methods are available to you in our shop:
Payment in advance
If you choose payment in advance, we will give 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. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
6. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods 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 reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damages
This applies to consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
This 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, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Shipping of animals
At outside temperatures below 0°C and above 30°C, we do not recommend shipping live insects and invertebrates. Transport at these temperatures is at the buyer’s risk. As a reference point for the current temperatures you can orientate yourself e.g. on the website wetter.com. If the delivery time for internal 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 the purchase.
9. Warranties 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 warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own details and the manufacturer’s product descriptions included in the contract shall be deemed to be the agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines 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 case of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.
For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.
10. Haftung
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
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in case of intentional or grossly negligent breach of duty,
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in the case of guarantee promises, if agreed, or
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to the extent that the scope of application of the Product Liability Act has been opened up.