General Terms and Conditions with Customer Information

Last Update: 13. September 2022

1. Validity of the GTC

The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between LEDaquaristik GmbH (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. General Information on Offers and Orders

The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
A contract between the Customer and the Vendor may also be concluded by telephone. The Customer may submit a binding offer to the Vendor by telephone or, in the event that the Vendor submits a binding offer, accept it by telephone.
A contract between the Customer and the Vendor may also be concluded by fax. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by fax.
A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.
A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

4. Contract Text and Contract Language

The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
The contractual language is German, contracts can be concluded in this language.

5. Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
Information page with details of delivery and shipping costs: https://ledaquaristik.de/en/Information/Payment-Shipping/

6. Payment Methods and Terms

Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
Cash on delivery - The Customer pays the purchase price directly to the deliverer, for which a cash on delivery fee is charged that is not included in the total price. There is an additional 5,60 Euro charge for cash on delivery.

There is an additional 5,60 Euro charge for cash on delivery.

Klarna - Payment is made through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") by means of the Klarna payment method provided or selected by Customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com and are communicated to the Customer during the payment process.
Klarna Invoice/ Pay Later - Requires a successful verification of the address and creditworthiness of the Customer by Klarna. In the case of a purchase on account, customers will receive the goods first. The payment term is 14 days, unless otherwise agreed in the payment process. The Vendor assigns his payment entitlement to Klarna. A debt-discharging payment can only be made to Klarna according to Klarna's conditions.
Klarna Installments - A requirement for Klarna Installment Purchase is a successful check of the Customer's address and creditworthiness by Klarna. The Vendor assigns his payment claim against the Customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. For more information on Klarna installment payment, in particular the installment amount and the minimum amount of the installment payment, as well as the terms and conditions of Klarna, please refer to Klarna's information, which is also provided to the Customer during the payment process.
PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
Amazon Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. The Customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered at Amazon Pay. After the order is placed, the payment transaction is ordered via Amazon Pay. Further information and conditions: https://pay.amazon.com/.
Cash payment upon collection of the goods - Payment is made in cash upon collection of the goods.
Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.
Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe's terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.

7. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

8. Delivery, Availability of Goods

The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
Furthermore, delivery by means of a freight carrier can only be made if the requirements for the freight carrier delivery communicated to the Customer within the scope of the product description or the ordering process can be fulfilled.
If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

9. Sale of Vouchers

These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
The ordered vouchers will be sent to the Customer at the e-mail address provided.

10. Production and processing according to the Customer's specifications

If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
The Customer shall be informed of his required Cooperation within the product description or the ordering process.
In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.
The Vendor shall not bear any costs for the Cooperation of the Customer.
The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

11. Assembly and Installation

Assembly and installation services, which also include preparatory measures connected therewith, shall be carried out after consultation with the Customer at an agreed date.
The risk of accidental loss or accidental impairment of the goods to be assembled or installed shall pass to the Customer not until the finished assembled or installed goods have been handed over to the Customer.
If additional costs arise in connection with the assembly and installation services, these will be communicated to the Customer within the scope of the product description, the ordering process or within the scope of a subsequent agreement.
The Customer shall be responsible for providing the Vendor with the information required for assembly and installation, as well as for providing the necessary support and, in particular, for ensuring the necessary access to premises.
The assembly and installation services shall be performed professionally. Unless otherwise agreed, the Vendor may commission appropriately qualified third parties with the assembly and installation services.

12. Software Setup

Set-up services, which include the set-up of software, e.g. on computers, other devices or servers, as well as preparatory measures associated therewith, shall be carried out at an agreed date after consultation with the Customer.
The risk of accidental damage or accidental impairment of the software to be set-up shall pass to the Customer not until the ready software has been handed over to the Customer.
If additional costs arise in connection with the Set-up, these will be communicated to the Customer within the scope of the product description, the ordering process or within the scope of a subsequent agreement.
The Customer is responsible for providing the Vendor with the information required for Setup and for providing the necessary support and, in particular, for providing the necessary access and login credentials.
The Set-up shall be provided in a professional manner. Subject to other agreements, the Vendor may commission appropriately qualified third parties with the Set-up services.

13. Promotional vouchers

"Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

14. Instructions on Withdrawal

The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
Customers can access the Vendor's instructions on withdrawal at the following Internet address: https://ledaquaristik.de/en/Legal/Withdrawal-policy/

15. Warranty and Liability

Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
If the Customer is an entrepreneur, the choice is between subsequent improvement (i.e. rectification of defects) of defective goods or subsequent delivery (delivery of goods free of defects) by the Vendor.
Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
In relation to Customers who are entrepreneurs, only the information in the product description or other product specifications or manufacturer information expressly included by the Vendor shall be binding for the assessment of the condition and quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties shall not be relevant.
The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

16. Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.