Juwel Aquarium

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Internet Terms and Conditions for Consumers

1. Scope

All of our offers shall be subject to these terms and conditions as well as confirmation. They shall not be considered binding offers, but instead invitations to submit binding orders only. All agreements shall exclusively be subject to the conditions set forth in our confirmation note as well as these terms and conditions. Juwel Aquarium GmbH & Co. KG does not accept deviating terms and conditions of the ordering party. This provision shall not apply if Juwel Aquarium und Co. KG explicitly accepted such deviating terms and conditions. Other than that, all legal provisions shall apply unless they have been excluded in these terms and conditions.

2. Object of the Agreement

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.

3. Conclusion of the Agreement

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.

4. Sale, Delivery, Passing of Risk

The sale shall take place on the basis of our quoted prices that include the legally required VAT. If a shipping and handling charge is specified, it shall be payable in addition to the quoted price.

The ex stock delivery shall take place upon request of the ordering party to the delivery address as provided by the ordering party. In that context, the risk shall pass to the ordering party immediately upon Juwel Aquarium GmbH & Co. delivering the merchandise to the shipper, carrier or other person or entity responsible for shipping the merchandise. This shall apply even in case of partial deliveries.

Detailed delivery times shall be without commitment and shall be considered estimates. Exceeding the planned delivery time shall not yet constitute
a default.

If Juwel Aquarium GmbH & Co. KG failed to honour a delivery time, the ordering party would be entitled to default Juwel Aquarium GmbH & Co. KG. A claim with regard to a default must be submitted in writing or via e-mail and shall allow for a period of at least 3 weeks for executing the order. If Juwel Aquarium GmbH & Co. KG failed to execute the order, the ordering party would be entitled to cancel the agreement with an additional notice of two weeks.

Additional claims of the ordering party for any legal reason, in particular claims for damages, shall be excluded unless Juwel Aquarium GmbH & Co. KG breached its contractual obligations in a grossly negligent or deliberate manner.

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 the delivery time by the length of the delivery problems caused by these situations.

In case of a business disruption (including a disruption at a supplier of Juwel Aquarium GmbH & Co. KG) as well as in other cases of force majeure, Juwel Aquarium GmbH & Co. KG shall be entitled to cancel the agreement. Claims for damages of the ordering party shall be excluded unless Juwel Aquarium GmbH & Co. KG caused the business disruption in a grossly negligent or deliberate manner.

5. Payment of the Purchase Price, Default

The ordering party may pay the purchase price exclusively by credit card.

If technically feasible and practical, it may also be possible to directly pay via credit card during the online ordering procedure. However, the ordering party shall not be entitled to payments in this manner. In that context, Juwel Aquarium GmbH & Co. KG shall provide state-of-the-art measures that are reasonable for transmitting data both without errors and in a confidential manner.

Juwel Aquarium GmbH & CO. KG would like to point out that it is impossible to ensure the uninterrupted availability of the credit card payment option for the online ordering procedure for technical reasons. For that reason, claims of the ordering party against Juwel Aquarium GmbH & Co. KG that are due to the interrupted availability of the credit card 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. If the ordering party failed to submit the payment, Juwel Aquarium GmbH & Co. KG would be entitled to charge interest on the purchase price amounting to 5 points above the prime rate p. a. This provision shall not affect the right of Juwel Aquarium GmbH & Co. KG to submit additional claims as provided by law. In case of a default, and subject to sufficient proof, Juwel Aquarium GmbH & Co. KG may also claim further damages on the basis of the default.

6. Off-set, Retention

The ordering party shall be entitled to off-set only if the counter-claims have been determined in a legally binding manner or admitted by Juwel Aquarium GmbH & Co. KG.

The ordering party shall be entitled to retain only if the counter-claim results from the same contractual relationship.

7. Retention of Title

The delivered Juwel® brand products shall remain the property of Juwel Aquarium GmbH & Co. KG until the delivered merchandise has been paid in full and all associated claims have been settled.

8. Notification of Defects and Warranty

Upon receiving the delivery, the ordering party shall be required to inspect the merchandise for completeness and damage. All warranty claims for obvious defects shall be excluded unless Juwel Aquarium GmbH & Co. KG was notified in textual form including specific details within two weeks after the delivery.

In case of obvious complaints that have been submitted to Juwel Aquarium GmbH & Co. KG as specified in the above section and in case of defects that were not obvious and have been brought to the attention of the company within the legal warranty period, the claim of the ordering party shall initially be limited to a rectification of the defect or a free delivery of a replacement. This provision shall not affect the responsibility for providing proof of the existence of a defect.

If the replacement were to also exhibit a defect, or if the rectification of the defect were to fail, or if Juwel Aquarium GmbH & Co. KG were to default with regard to the rectification of the defect after a notice of at least two weeks had been given in writing, 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, in particular claims for damages, shall be excluded unless Juwel Aquarium GmbH & Co. KG acted in a grossly negligent or deliberate manner. This provision shall not apply to claims of the ordering party that are based on the Product Liability Act or the lack of an advertised characteristic. The same shall apply to the right of the ordering party to cancel the agreement if Juwel Aquarium GmbH & Co. KG 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.

9. Privacy

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 for the purpose of executing the order. The aforementioned information is required before any order may be processed.

Juwel Aquarium GmbH & Co. KG shall utilise an encryption software in order to protect this data during transmission. The ordering party agrees that the personal data arising from the business relationship with Juwel Aquarium GmbH & Co. KG may be stored on data media to facilitate utilisation in the context of the own commercial operation. The stored data shall not be provided to third parties without legal obligation. If Juwel Aquarium GmbH & Co. KG were to centrally process the data for the purpose of improving customer service or for technical reasons, appropriate measures would ensure that the right to privacy of the ordering party is ensured.

10. Applicable Law, Jurisdiction, Miscellaneous

German law shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

The place of delivery for both parties to the agreement shall be Rotenburg/Wümme.

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

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

General Terms and Conditions of Business - instructions on revocation for consumers


I. Right of revocation


1.
If the customer is a consumer, he can revoke his declaration of will aimed at the conclusion of a contract in a textual form (e.g. letter, telefax, e-mail) following receipt of this declaration within one month without stating the reasons or by returning the commodities, in which context dispatch of a request for a return shall suffice for commodities not capable of dispatch as a parcel.

2.
The period shall commence one day after the consumer has received this instruction on revocation, albeit not before receipt of the commodities ordered by him. If the contract was concluded by you in customary electronic business, for example via the Internet, the period for revocation shall not commence before fulfilment of our information duties pursuant to §§ 312c sub-section 2, 312e sub-section 1 sentence 1 German Civil Code in combination with § 1 sub-sections 1 1, 2 and 4, § 3 Information Ordinance of the German Civil Code.

3.
To comply with the revocation period, punctual dispatch of the revocation or the commodity supplied shall suffice. The revocation or the return of the commodities shall be addressed to:

Juwel Aquarium GmbH & Co. KG
Karl-Göx-Straße 1
27356 Rotenburg/Wümme
Germany

FAX: 0049 (0) 4261 - 93 79 856
E-Mail: service@juwel-aquarium.de

II. Consequences of revocation

1.
In the event of an effective revocation, the services already received shall be returned and any benefits derived shall be reimbursed.

2.
If you cannot return the service received to us totally or partly or only in a deteriorated condition, we reserve the right to demand suitable replacement of value from you if applicable. In provision of commodities, this shall not apply if the deterioration of the commodity is exclusively to be put down to your examination as would also have been possible in the scope of purchasing in a shop. In addition, we would at this point once more point out - as at the conclusion of the contract - that you can avoid the obligation to replacement of value for a deterioration originating by proper use of the commodity by not putting the commodity into use as if it were your property and by refraining from everything which reduces and impairs its value. In particular, we recommend examining the commodities supplied on the basis of the instructions for use to start with.

3.
You shall bear the costs of the return if the commodities supplied correspond to those ordered and the price of the ordered commodities does not exceed an amount of € 40.00 or, if the price of the commodity is higher, if you have not yet paid the consideration or a contractually agreed instalment at the time of the revocation. Apart from this, returns shall be free of charge for you. Commodities not capable of dispatch as a parcel shall be collected from you.

III. No right of revocation / expiry of the right of revocation

1.
On the other hand, the right of revocation shall not apply in the exceptional cases regulated by law, in particular

- for contracts, the subject matter of which is supply of commodities designed and produced according to your customer's specifications,
- for commodities tailor made and commissioned to match your personal requirements,
- for commodities not suited for returning on the basis of their properties or
- for delivery of audio or video recordings or of software insofar as the seal has been removed by you from the data media supplied.

2.
Your right of revocation shall expire prematurely if you expressly confirm performance of the contract or waive your right of revocation.

Imprint

Juwel Aquarium GmbH & Co. KG

Karl-Göx Str. 1

D - 27356 Rotenburg


Phone: +49 4261 9379-0

Fax: +49 4261 9379-90

Board of directors:

* Annemarie Köhlmoos

* Gerd Köhlmoos

* Lars Larsen

* Wolfgang Dürmeyer

Limited partnership based in Rotenburg (Germany), Local court Walsrode

HRA 61382

Tax number: Tax office Rotenburg 4020021200

Sales Tax ID: DE 116322612

WEEE-Reg.-no.: DE 18713471

General partner:

Juwel Aquarium GmbH

Local court Walsrode

HRB 70413

Annemarie Köhlmoos