Internet Terms and Conditions for retail traders

1. Scope, Delivery area

These terms and conditions shall apply to the ordering of replacement parts and accessories by retail traders executed by us.

The exclusive object of the agreement shall be the sold Juwel® brand product with the properties and characteristics as well as the intended use as detailed in our product specification. Other or additional characteristics and/or properties or additional intended uses shall be included in this agreement only if we explicitly confirmed them in writing.

2. Orders/Conclusion of the Agreement

The sale of replacement parts and accessories shall exclusively take place in accordance with the prices indicated in the respectively valid price list and shall be subject to additional VAT as provided by law. The ordering party is required to pay a shipping and handling charge for the delivery of the ordered merchandise.

The ordering party may pay by direct debit or credit card unless a differing agreement has been reached or these terms and conditions contain other provisions.

If technically feasible and practical, it may also be possible to directly pay by credit card or by direct debit while placing online orders on our Internet website. However, the ordering party shall not be entitled to payments in this manner. We shall provide state-of-the-art measures that are reasonable for transmitting data both without errors and in a confidential manner. We would like to point out that it is impossible to ensure the uninterrupted availability of the credit card or direct debit payment option for the online ordering procedure for technical reasons. For that reason, claims of the ordering party against us that are due to the interrupted availability of the credit card or direct debit payment option for the online ordering procedure shall be excluded in their entirety. The delivery of the ordered merchandise shall be performed upon receipt of the payment.

The shipment occurs exclusively by direct debit or via credit card payment unless a differing agreement has been reached or these terms and conditions contain other provisions.

All delivered merchandise shall remain our property until the delivered merchandise has been paid for in full and all other claims have been settled. The above retention of title shall also apply to other still not settled claims from a set-up customer account, for as long as this remains unsettled.

The agreement shall be concluded upon our confirmation of the order by means of telecommunication in accordance with Art. 312b German Civil Code (acceptance) or by means of delivery within two weeks after the date the order was received on.

 3. Delivery, Passing of Risk, Guarantee

The delivery in the delivery area shall be performed by a company we commission. In that context, the risk shall pass to the ordering party as soon as the merchandise has been provided to the company for delivery, even if the delivery is performed free of charge. If the ordering party provided special instructions with regard to the shipping method, and if we deviated from that instructions

If we or our vicarious agents breached our obligations in a solely negligent manner, our liability would be limited to the predictable damage that is typical for this agreement.

We shall provide a warranty period of one year for new items unless we made separate warranty promises for particular items. Any warranty for used items shall be excluded.

The recipient of the merchandise shall be required to immediately inspect the merchandise for completeness and obvious damage upon receiving the delivery. Incomplete deliveries and/or obvious damage shall be brought to our attention in written or textual form within five working days after receiving the merchandise. Otherwise our liability shall be excluded.

In case of obvious complaints that have been submitted as specified in the above paragraph and in case of defects that were not obvious and have been brought to our attention within the legal warranty period, the claim of the ordering party shall initially be limited

If the replacement were to also exhibit a defect, or if the rectification of the defect were to fail, or if we were to default with regard to the rectification of the defect after a notice of at least two weeks had been given in textual form, the ordering party would be entitled to choose at its convenience to either cancel the agreement or demand an appropriate reduction of the purchase price.

Additional claims of the ordering party shall be excluded unless we acted in a grossly negligent or deliberate manner. The same shall apply to an annulment of an agreement if we were to be responsible for the inability to execute all or a part of the agreement, the lack of which would cause the ordering party to lose its interest in the agreement.

All cases of force majeure and all mobilisations, wars, riots, strikes, business disruptions and business limitations as well as any lack of raw, auxiliary and operating materials etc. shall result in a reasonable extension of our delivery time by the length of the delivery problems caused by these situations.

In this context, claims of the ordering party for damages shall be excluded unless we caused the delay in a grossly negligent or deliberate manner.

Ordered and delivered merchandise may be returned only if there is proof that we delivered the wrong merchandise and shall be limited to the legal warranty framework.

4. Privacy

We may store the customer data that is required for executing orders. With regard to processing orders, we shall only share information as may be necessary. In this context, we shall adhere to the legal privacy provisions. The ordering party shall provide the name, the e-mail address, the shipping address, the bank information including the sort code and the account number or the credit card number and the expiration date as well as the VAT ID number issued by the responsible inland revenue office and other information arising from the changing legal framework for the purpose of executing the order. The aforementioned information is required before any order may be processed.

Saving of account information or credit card information does not occur.

The customer hereby explicitly approves the above. We shall utilise encryption software in order to protect this data during transmission.

5. Miscellaneous

German law shall apply exclusively.

The place of delivery and the court of jurisdiction shall be Rotenburg/Wümme (County Court Rotenburg/Wümme or - depending on the value of a claim - District Court Verden).

If any of the above provisions were to be ineffective or invalid, this would not affect the validity of the remaining provisions.

Juwel Aquarium GmbH & Co. KG, Karl-Göx-Straße 1, D - 27356 Rotenburg/Wümme, County Court Rotenburg HRA 1382

General partners: Juwel Aquarium GmbH, County Court Rotenburg, HRB 413, Annemarie Köhlmoos, Rosengarten

Managing Directors of Juwel Aquarium GmbH: Gerd Köhlmoos, Annemarie Köhlmoos, Lars Larsen, Wolfgang Dürmeyer