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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 | 
