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 AG & 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 AG & Co. KG 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 AG & Co. KG failed to honour a delivery time, the ordering party would be entitled to default Juwel Aquarium AG & 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 AG & 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 AG & 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 AG & Co. KG) as well as in other cases of force majeure, Juwel Aquarium AG & Co. KG shall be entitled to cancel the agreement. Claims for damages of the ordering party shall be excluded unless Juwel Aquarium AG & 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 by direct debit, PayPal or credit card.
If technically feasible and practical, it may also possible to directly pay via direct debit, PayPal or 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 AG & 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 AG & 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 AG & 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 AG & 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 AG & Co. KG to submit additional claims as provided by law. In case of a default, and subject to sufficient proof, Juwel Aquarium AG & 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 AG & 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 AG & 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 AG & 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 AG & 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 AG & 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 AG & 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 AG & 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.
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 AG & 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 AG & 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 AG & 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 AG & Co. KG, Karl-Göx-Straße 1, D - 27356 Rotenburg/Wümme, County Court Rotenburg HRA 1382
General partners: Juwel Aquarium Verwaltungs AG, County Court Rotenburg, HRB 205999, Katharina Köhlmoos, Hamburg
Board Memebers of Juwel Aquarium Verwaltungs AG: Gerd Köhlmoos, Katharina Köhlmoos, Lars Larsen, Wolfgang Dürmeyer, Jannis Seemann