scope
For all deliveries from Erik Martens - zoological specialist 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 not be attributed to their commercial or independent 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 the contract
The presentation of the products in the online shop 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 submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted. When the contract with us is concluded depends on the payment method you have chosen:
Prepayment: Once your order has been successfully completed, you will receive an email 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 instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
cancellation policy
Consumers have the statutory right to cancel, as described in the cancellation policy. Businesses are not granted a voluntary right to cancel. Cancellation is not possible for live - properly delivered - goods in the form of ants. This includes feed insects (which spoil quickly) and especially exotic ant species. The handling of poor delivery / delivery with defects / complaints is justified under transport damage.
prices and shipping costs
Domestic shipping with DHL Business
The prices stated on the product pages include statutory VAT and other price components.
In addition to the prices stated, we charge a flat rate of 6 euros per order for delivery within Germany.
The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.
We separately and clearly display higher and generally different shipping costs in our shop. You can check the shipping costs in the order overview or in the shopping cart. By confirming and purchasing, you accept the shipping costs.
EU shipping with UPS BusinessWe offer EU shipping (delivery time 2-4 days). We hereby offer EU residents the opportunity to purchase our goods. Shipping takes place between Monday, Tuesday - Wednesday at the latest.
delivery traffic
L1.) Delivery is generally only made within Germany with DHL Logistics.
The delivery time is between 2 and 3 working days. We will indicate any possible deviations in delivery times on the respective product page.L2.) If a customer verifiably delays delivery by several days without(!) having agreed a delivery date with us in advance, a complaint regarding living creatures (ants, feeder insects,...) is not valid. Objects are not affected by this.L2.1.) In particular, if ant colonies (living creatures) are postponed for several days of the actual delivery period[*1] - without prior mention of reasons - for example due to dates set by the customer. This does not correspond to our terms and conditions when dealing with our goods/products and must absolutely(!) be agreed in advance.This regulation applies expressly to all living goods; ants, feeder insects,...A delay in the delivery of living creatures in the form of insects, such as ants and feeder insects, by the customer results in the risk being transferred to the customer. Customer information: (Germany, domestic, except islands) The delivery time of DHL Business within Germany: [*1 DHL Business: 12-36 hours after delivery, all of Germany] L3.) Delivery periods or delivery dates must be specified in writing and can be agreed as binding or non-binding, whereby, unless otherwise stated, the specified delivery periods or delivery dates are non-binding. Delivery periods begin with the conclusion of the contract, but not before all technical questions (e.g. weather and climate conditions) have been clarified. If no delivery periods are agreed, delivery will be made as quickly as possible. L4.) If shipping is delayed due to circumstances that were not caused by our company or our sales partner DHL Business, the risk is transferred to the customer. Case example: Choice of delivery date that differs significantly from the actual shipping and delivery date. This rule applies in particular when live insects are involved. Customer information: (EU shipping, UPS, with exceptions) The delivery time for UPS Business within the European Union is 2-4 days on average. For this reason, shipping only takes place on a Monday, Tuesday or Wednesday at the latest. If acceptance is delayed by the buyer, the risk of damage is transferred to him.
payment transactions
Payment can be made either in advance or cash on delivery.
If you choose to pay in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Retention of titleThe 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 forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent 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 complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the freight carrier or the transport insurance.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 freight carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code applies. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect is one that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.T1.) Complaints:
In the event of a complaint regarding live goods (ants, feeder insects, etc.) We undertake to deliver the corresponding quantity according to our advertisement after the contract and invoice have been concluded (full payment). We always meet the 'framework' of each delivery and thus correspond to our quality class. Due to dubious experiences and fraudulent schemes, especially via trading platforms and Discord channels, we have once again secured ourselves for future business, which we will show you using the following examples: Practical example 1.) A queen with 5-10 workers with brood I -> According to the framework, a fertile queen (gyne) and 5 to 10 workers (individuals) as well as brood are delivered. The following reasons are therefore an inadmissible complaint (explicit): Complaint request 1: "A queen, brood, but only 5 workers were delivered" ➥ Reason: The scope of delivery fully corresponds to the scope of the selected size of the respective goods. Complaint 2: "A queen, 5-10 workers, but only a certain type of brood were delivered." ➥ Reason: The scope of delivery fully corresponds to the selected size of the respective product. Additional information: Depending on the time of year and the size of the colony, there can be different forms of each stage of a species - Expected reason: Formica fusca will always have a relatively uniform brood stage. Complaint 3: "Too many workers were delivered." ➥ Reason: The scope of delivery fully corresponds to the selected size of the respective product. Expected reason: Depending on the brood occurrence, it is possible that additional individuals will hatch during the packaging and shipping time. Complaint 4: "Dents in pupae, dead brood." ➥ Reason: The scope of delivery fully corresponds to the selected size of the respective product. Expected reason: Depending on the brood occurrence, it is normal for dents to appear in pupae or for some of the brood to die during shipping. However, this does not usually happen and therefore does not constitute grounds for complaint, provided that no further losses of individuals, especially the queen, are evident. Practical example 2.) Complaint request 5: "The ants do not correspond to the picture and are darker" ➥ Reason: The images are created at different times of day and using a variety of means. Image processing takes place to a small extent in order to increase the scaling and image sharpness. The incidence of light naturally brings out color nuances more clearly. We strive to produce image and video material that is as close to reality as possible. The sharper the macro shot, the more it will actually differ from the delivered goods - due to the natural factor of individual eyesight and perception, as well as other factors such as incidence of light/shading and angle. Therefore, a complaint based on an optical deviation (not a species deviation, e.g. Lasius niger, Lasius flavus) is not possible. Should you be dissatisfied with the optical condition of a species delivered, please write us a polite and properly written email. Contact: kontakt@antbaron.deT2.) Complaint:
In the case of a complaint about non-living goods (nests, accessories, except for feeder insects, etc.), the statutory provisions and further provisions apply according to the article and article description in accordance with the general terms and conditions. Nests in particular are in focus here: An external defect due to minimal air inclusions is not a reason for complaint, as this is a manufacturing process that is subject to natural circumstances and reactions. If a nest is delivered defective, the right to complain naturally applies. In this case, a new nest is usually delivered at short notice. General complaint information:
In your own interest, please remember to provide proper photographic evidence for every complaint. We will not respond to purely written complaints without photographic evidence, as we have no proof of actual fault.
warranty and guarantees
Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.• insofar as the scope of application of the Product Liability Act is open.• within the framework of a guarantee promise, if agreed• in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)• in the event of intentional or grossly negligent breach of duty or fraudulent intent• in the event of injury to life, body or healthThe above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agentsIf the delivered item is defective, we will initially provide a guarantee to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).In relation to entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are 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. 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 is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code remain unaffected. When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. Unless expressly agreed otherwise below, the statutory liability for defects applies.
dispute resolutionLiability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents • in the event of injury to life, body or health • in the event of intentional or grossly negligent breach of duty • in the event of a guarantee promise, if agreed, or • insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
dispute resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available under the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board to settle disputes with consumers. 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 resolution procedure before this body. Alternatively: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further 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