Conditions of Use

 

§ 1 Validity of the general terms and conditions

These general terms and conditions apply exclusively to all of our deliveries and services in the version valid and included at the time of the order. You can download the text to your computer or print it out. We do not recognize any regulations that deviate from these conditions unless we have expressly confirmed them.

§ 2 Storage option and inspection of the contract text

You can view the general terms and conditions at any time on our shop page www.shop-meeresaquaristik.de. You can print out or save this document using the usual functionality of your Internet service program (browser). There is almost always an option in the menu under "File" to save and print the website you have called up. After ordering, you will also receive an order confirmation email containing all the relevant data and which you can save. Your specific order data will be saved by us, but cannot be called up directly from us for security reasons

§3 Conclusion of contract, reservation of changes, different delivery

(1) All our offers are subject to change as long as they are not the subject of a contractual agreement. The purchase contract for the item or items selected by you is concluded by sending the order confirmation email within 5 working days or, in the case of immediate availability, by sending the ordered goods. The order receipt email only signals that your order is technically correct and does not yet constitute an order confirmation. (2) We would like to point out that you do not have to accept goods that you have not ordered or that you have not ordered. The right of withdrawal also applies here, so that these deliveries can be returned at our expense and risk.

§4 Product images

We expressly point out that the images used are NOT original images of the products. Due to the manufacturer, the products may look slightly different. Original pictures of products and animals are specially marked as such.

§5 Prices, delivery, shipping costs

(1) Our list prices at the time of ordering the goods apply to our deliveries. All prices are in euros including the applicable statutory sales tax plus shipping and packaging costs. (2) We usually deliver within five working days. Binding delivery dates must be expressly agreed. We regularly use the German Post as a transport company. The choice of another company is reserved. (3) In Germany we charge a shipping cost of EUR 5,50 per package for all orders up to an order total of EUR 130. The maximum weight per package is 31.5 kg with a maximum total length of less than 1.20 m. With an order value over 130, - EUR we do not charge shipping costs.

The following article groups are excluded from the freedom from freight: A) Heavy goods items such as stones and heavy decorative material, all kinds of aquariums, sea salt from 4 kg, all types of sand from 4 kg. Up to 31.5 kg total weight (including packaging material) is charged for shipping costs of 4.95 euros per package. Mrutzek Meeresaquaristik GmbH reserves the right to split orders into several packages if there is an individual need for packaging technology. For this purpose, a package lump sum may be charged for further packages. B) The dispatch of fluorescent tubes is subject to separate packaging and freight conditions. Shipping costs of EUR 9.95 per package up to a total length of 1.2 m. All parcels over 1.2 m total length also receive a bulky goods surcharge of 6 euros. C) The shipping of living organisms (animals, plants, "living stones") is also excluded from the free shipping costs. See § 4 (4) of our terms and conditions. D) All items that require shipping by shipping (aquariums, certain aquarium lamps, certain decoration materials).

If a product is not immediately available, we will inform the buyer about it. Unforeseen delivery obstacles entitle us to withdraw from the delivery obligation in whole or in part. Liability for damage caused by delayed delivery are excluded. Delivery abroad is only possible against prepayment or credit card. In countries of the EC, the VAT applicable in Germany is included if we do not have a VAT ID number. We deliver to all other countries without VAT. The current shipping costs for foreign countries can be found in the freight costs. If a cash on delivery delivery is refused, we will charge the costs incurred plus a processing fee of € 15.00.

(4a) Freight rates live shipping

Live animals, living plants and "living stones" are only shipped with live animal logistics! Delivery days: Monday, Tuesday, Wednesday, Thursday, Friday (in this case pay attention to Saturday delivery). Cash on delivery costs for live animals: Additional costs for cash on delivery: 15.00 euros Winter packaging: In the cooler season, we add 1-4 heat packs depending on the weather. These are included in the shipping price. Transport guarantee for live animal transports: We guarantee a live arrival of the ordered animals within the FRG! Complaint handling for dead animals: - please send us a photo of the dead animal in the closed transport bag to michael@shop-meeresaquaristik.de Complaints about dead animals must be received by 3 p.m. at the latest. Please note that we cannot accept later complaints. In the event of justified complaints, we issue a credit note for the animal. There is no subsequent delivery free of charge. The same applies to animals that cannot be dispatched on the day of dispatch. In the event of very bad weather conditions, we reserve the right to send the shipment at a later date. This will always be discussed with you by phone. The current shipping costs for live animals can be found in the freight costs.

(4b) Shipping conditions for live food

Due to the nature of live food, there can always be a loss of max. Give 10%. This is not a reason for complaint. When shipping with special packaging and express, we guarantee a living arrival guarantee. We will issue a credit note for justified complaints. There is no subsequent delivery free of charge. When shipping with normal mail, delivery is at the risk of the buyer. We exclude a guarantee of a living arrival here.

§6 Retention of title, payment

(1) The delivered goods remain our property until full payment. (2) All prices include the currently applicable value added tax in Germany. Payment on delivery is made plus a cash on delivery fee of EUR 6.00 in Germany, including the payment slip fee charged by Post AG / EuroExpress. Direct debit is only possible in Germany upon presentation of a written authorization. In the case of direct debit, the invoice amount will be debited 2 days after the invoice has been issued. If the direct debit is not redeemed by direct debit, the customer bears the cost of the return debit, currently EUR 8.00. Mrutzek Meeresaquaristik GmbH, retains ownership of the goods and services supplied until all, including future, claims from this contract have been fulfilled and beyond that from the entire business relationship with the customer. When connecting, processing or mixing the goods subject to retention of title with articles or goods that have not been delivered by us, Mrutzek Meeresaquaristik GmbH, co-ownership, acquires a share in the ratio. For the initiation of business / delivery of goods / assessment of wholesale risks / ordering goods / we allow ourselves to obtain credit information (probability of default) from you from EuroTreuhand Inkasso GmbH in Cologne. Initial orders from new customers are only delivered by cash on delivery, credit card payment or in advance. When paying by credit card we accept Eurocard, Mastercard, Visa. Billing is in EURO. Subject to price changes and errors!

§7 notice acc. ODR Regulation:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr

§8 Right of withdrawal for consumers, return costs

(1) Mrutzek Meeresaquarstik. grants the statutory right of withdrawal for consumers, i.e. natural persons, who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(2) As the consumer, the customer has to bear the direct costs of returning the goods. Packages returned to us freight collect will not be accepted.
(3) In the case of deliveries to consumers with their registered office and place of delivery outside the territory of the European Union, the right of withdrawal only applies if the law of the country in which the consumer is based provides for such a right of withdrawal for consumer orders.
(4) If you want to make use of your right of withdrawal, please contact us briefly beforehand, also by email to info@meeresaquaristik.de. We would be happy to clarify the design of the return with you. It is best to send the goods in the shipping packaging and original packaging that we use. This is not a prerequisite for asserting your right, but it helps to avoid further problems.
(5) Please note that a right of withdrawal according to the statutory provisions does not apply to live animals, distance contracts for the delivery of goods that are made to customer specifications or clearly tailored to the personal needs of the customer and for the delivery of audio or video recordings or software, provided the data carriers have been unsealed by the consumer. Please note the following statutory information on the relevant conditions and consequences of the right of cancellation, plus return costs. In the event that you only order one item from us as part of a sales contract or several items that are delivered to you, the following cancellation policy applies:
Cancellation policy Cancellation right You have the right to cancel this contract within fourteen days without giving any reason , The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us,
Mrutzek Meeres-Aquaristik GmbH, Böcklerallee 2 in 27721 Ritterhude, phone: +49 4292 771300, fax: +49 4292 4712167, email: info@meeresaquaristik.de,

inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires. Consequences of the revocation If you revoke this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

In the event that you order several goods from us as part of a single order that can only be delivered to you separately, the following cancellation policy applies:
Consequences of the revocation If you revoke this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.In the event that you only order goods from us under a purchase contract that are delivered to you in several partial shipments or pieces, the following cancellation policy applies:

Cancellation policy Cancellation right You have the right to cancel this contract within fourteen days without giving any reason withdraw. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece. In order to exercise your right of withdrawal, you have to give us, Mrutzek Meeres-Aquaristik GmbH, Böcklerallee 2 in 27721 Ritterhude, phone: +49 4292 771300, fax: +49 4292 4712167, email: info@meeresaquaristik.de, by means of a clear declaration ( a letter sent by post, fax or email) informing you of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Cancellation form (If you want to cancel the contract, please fill out this form and send it back.) Cancellation form - To Mrutzek Meeres-Aquaristik GmbH, Böcklerallee 2 in 27721 Ritterhude: - Hereby I (we) cancel (*) the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - ordered on (*) / received on (*) - name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only for notification on paper) - Date (*) Delete where inapplicable.

 

§9 Warranty / Disclaimer / Complaints, criticism, suggestions

(1) We guarantee that the delivery items are free of errors according to the current state of the art. (2) We accept no liability for defects and damage resulting from unsuitable and improper use, non-observance of instructions for use or incorrect or negligent handling. (3) Obvious defects in commercial transactions must be reported in writing immediately, but no later than two weeks after receipt of the delivery; otherwise all claims for defects are excluded. Section 377 HGB also applies. (4) Insofar as a defect of the purchased item for which we are responsible becomes known, we are obliged to remedy the defect or to deliver a replacement at the customer's option. In commercial business transactions, supplementary performance is at our choice. If we fail to remedy all errors within a reasonable period of time, the buyer can demand a reduction in the purchase price or a cancellation of the contract. The use of the original packaging is not a mandatory requirement for your warranty rights. (5) Unless expressly agreed, further claims by the buyer - regardless of the legal reason - are excluded. We are therefore not liable for damage that did not arise directly in the delivery item; in particular, we are not liable for loss of profit or other financial loss of the buyer. This limitation of liability does not apply if we or our vicarious agents act with intent or gross negligence or the damage is based on a breach of essential contractual obligations or claims according to §§ 1, 4 of the Product Liability Act. Furthermore, the limitations of liability do not apply to damage resulting from injury to life, limb or health; in these cases we are also liable for simple negligence on the part of our legal representatives or our vicarious agents. Liability from warranty statements is also unaffected. (6) Insofar as our liability is excluded, this also applies to the personal liability of our employees and vicarious agents. (7). The warranty period is two years. Longer guarantees from the respective manufacturers remain unaffected. In the case of used goods, we can only provide a guarantee at a consumer store and only within one year of delivery. For other businesses with used things we can unfortunately not guarantee. If a claim for damages based on a material defect can be attributed to an intentional breach of duty by us, the legally regulated limitation periods apply. (8) Please direct your correspondence, possible returns or criticism, suggestions or complaints to Mrutzek Meeresaquaristik GmbH, Böcklerallee 2, 27721 Ritterhude, info@meersaquaristik.de

 

§10 Other claims for damages

In addition to the regulations in § 7, we are liable for claims for damages - in particular from tort, organizational fault, fault when concluding a contract or any other debt-related claims from breaches of duty - only if we or our vicarious agents act with intent or gross negligence or who Damage is based on a violation of essential contractual obligations or claims according to §§ 1, 4 of the Product Liability Act. This does not apply to damage from injury to life, limb or health; in these cases we are also liable for simple negligence on the part of our legal representatives or our vicarious agents. §11 Data protection Personal information will not be passed on to third parties and saved for processing the order and possible warranty processing. After completing these purposes, we keep your address data in our customer database. You can object to the storage and use of your data beyond the above-mentioned purposes at any time and without justification.

§12 Applicable law, place of jurisdiction

(1) For these terms and conditions as well as all transactions carried out with Mrutzek Meeresaquaristik GmbH, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if orders are made from abroad (outside of Germany) or are delivered abroad. The return costs for the right of withdrawal of the consumer and the right of withdrawal for consumers themselves are excluded, if the law of the state in which the consumer has his habitual residence does not necessarily provide for these regulations. In these cases, the law of the consumer's habitual residence applies. (2) Place of jurisdiction for all disputes arising from the contractual relationship is Osterholz-Scharmbeck, provided the customer is a merchant, a legal entity under public law or a special fund under public law. If you are resident or habitually resident abroad (outside of Germany), Osterholz-Scharmbeck is the place of jurisdiction for all claims in connection with your order. In all cases we are also entitled to sue at your general place of jurisdiction. In the event of a legal dispute, the summonsable address is: Mrutzek Meeres-Aquaristik GmbH, represented by Michael Mrutzek, Böcklerallee 2 27721 Ritterhude, Germany. §12 Other (1) Otherwise, the statutory provisions apply. (2) Should one or more provisions of these general terms and conditions be ineffective in whole or in part or lose their legal validity later, this does not affect the validity of the remaining terms and conditions.

IMPORTANT: Orders with live animals cannot be paid with Klarna! Purchase on account and financing with Klarna In cooperation with Klarna, we offer you purchase on account and the financing service Klarna installment purchase as payment options. When paying with Klarna, you never have to provide your account details and you only pay when you have received the goods. With the payment methods Klarna invoice and Klarna installment purchase, delivery to a delivery address that deviates from the billing address is not possible. We ask for your understanding. Klarna invoice When you buy on invoice with Klarna, you always get the goods first and you always have a payment period of 14 days. Further information and Klarna's complete terms and conditions for invoice purchase can be found here. Klarna installment purchase With the Klarna installment purchase financing service you also get the goods first. All of your purchases will then be collected on one invoice at the end of the next month. You can then pay this invoice in flexible installments, but you can also pay the total amount at any time. Further information on the Klarna installment purchase financing service can be found here. You can download the complete terms and conditions for Klarna installment purchase here. Klarna data protection Klarna checks and evaluates the data provided by the consumer and maintains a data exchange with other companies and credit reporting agencies (creditworthiness check) on justified occasions. If the creditworthiness of the consumer is not guaranteed, Klarna AB can refuse Klarna's payment methods to the customer and must point out alternative payment options. Your personal information will be treated in accordance with the Data Protection Act and will not be passed on to third parties for advertising purposes. To learn more about Klarna Privacy Policy. For more information about Klarna, visit www.klarna.de Klarna AB, company and corporate number: 556737-0431 Ritterhude, March 29, 2006 Mrutzek Meeresaquaristik GmbH Fachversand + Beratung Böcklerallee 2 D - 27721 Ritterhude Tel 04292/77 13 00 Fax 04292 / 47 121 67 http://www.meeresaquaristik.de info@meeresaquaristik.de


Terms & Conditions for ratenkaufby easyCredit

1. Scope and general terms of use

The following supplementary General Terms and Conditions apply between you and the merchant for all contracts with the merchant where the ‘ratenkauf by easyCredit’ installment purchase solution (‘Ratenkauf’) is used.

In the event of conflict, the supplementary Terms and Conditions take precedence over the merchant’s general terms and conditions.
Ratenkauf is available only to customers who are consumers as defined in section 13 of the German Civil Code (BGB) and are over the age of 18.

2. Ratenkauf
With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg, Germany (‘TeamBank AG’), the merchant can offer you Ratenkauf as an additional payment option for your purchase.

The merchant reserves the right to check your credit status. For more details, please see the Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered because of your credit status or because the merchant’s revenue limit has been reached, the merchant reserves the right to offer you an alternative payment option.

The Ratenkauf contract is formed between you and the merchant. There is no cash payment with Ratenkauf; you choose to pay off the purchase price in monthly installments. Payments are made every month for an agreed term, whereby the final installment may be different to the previous installments. Ownership of the goods is not transferred until the purchase price has been paid in full.

The receivables arising through the use of Ratenkauf are assigned by the merchant to TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have the effect of discharging the debt.

The merchant is not subject to any supervision by a regulatory authority other than the general supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the merchant by letter or email.

3. Payment of Installments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with Ratenkauf, you are authorizing TeamBank AG to collect the payments due as a result of the installment purchase from the current account you specified during the order process at the named bank by means of a SEPA direct debit. Payments will be collected no sooner than on the date specified on the pre-notification. Payments may also be collected shortly after that date. If the purchase price is reduced between the pre-notification and the due date (e.g. due to amounts being credited), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment is due. Your bank is not required to honor the direct debit request if your account does not contain sufficient funds.

If the direct debit is returned due to insufficient funds in the current account or an unjustified rejection by the account holder, or because the current account has been closed, you will be in default (without separate demand notice), unless the direct debit is returned due to circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which you are responsible may be claimed from you by TeamBank AG as damages and must be reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand notice or default interest in the amount of five percentage points above the prevailing base rate of the European Central Bank.

Because of the high costs associated with a returned direct debit, we would ask you not to reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint.

In these cases, the payment is reversed in agreement with the merchant by means of a reverse transfer of the relevant amount or in the form of a credit note

 

Information