scope

For all supplies from Erik Martens - zoological trade (sole proprietor)

These general terms and conditions (GTC) apply to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their self-employed professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

conclusion of contract

The presentation of the products in the online shop does not represent 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 sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order is sent by e-mail immediately after sending the order. When the contract is concluded with us depends on the payment method you have chosen:

Payment in advance: If your order is successfully completed, you will receive an e-mail with an order confirmation and the necessary payment information. 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.

Right of withdrawal

Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

prices and shipping costs

The prices stated on the product pages include statutory VAT and other price components.

In addition to the stated prices, we charge a flat rate of 6 euros per order for delivery within Germany.

The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

Separately, we clearly show higher and generally different shipping costs in our shop. You can check the shipping costs via the order overview or the shopping cart. With the confirmation and the purchase you accept the shipping costs.

delivery traffic

Deliveries are only made within Germany with DHL logistics.

The delivery time is between 2 and 3 days. Any deviating delivery times are indicated on the respective product page.

payment transactions

Payment can be made either in advance or cash on delivery.

If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Retention of title The goods remain our property until full payment has been made. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment . The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Transport damageThe following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able 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 passes to you as soon as we hand over the matter to the carrier, the carrier or the other delivered to the person or institution designated to carry out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and Guarantees

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 shop proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) • in the case of intentional or grossly negligent breach of duty as well as fraudulent intent • in the event of injury to life, limb or health , which were caused by us, our legal representatives or vicarious agents. If the delivered item is defective, we initially provide a warranty to entrepreneurs at our discretion by remedying the defect (according to improvement) or by delivery of a defect-free item (replacement delivery). With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. When consumers buy used goods: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. Unless otherwise expressly agreed below, the statutory right to liability for defects applies.

Dispute ResolutionLiability

For claims due to damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation • in the case of injury to life, limb or health • in the case of intentional or grossly negligent breach of duty • in the case of promises of guarantee, if agreed, or • insofar as the scope of application of the Product Liability Act has been opened. In the event of 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 the part of us, our legal representatives or vicarious agents, the liability of The amount is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Claims for damages are otherwise excluded.

dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are ready to settle disputes with consumers to participate in a dispute settlement procedure before a consumer arbitration board. The responsible consumer arbitration board is: Universal Arbitration Board of the Federal Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. To settle the disputes mentioned, we will participate in a dispute settlement procedure before this body. Alternatively: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board