General Terms and Conditions of LEDaquaristik GmbH, represented by Dennis Rüsing, Schierbusch 2, 33161 Hövelhof, Germany, Fax +49 5257 93 666 51
The contractual relationship between LEDaquaristik GmbH (referred to in the following as LEDaquaristik) and the customer is regulated by the following General Terms and Conditions (GTC).
1.1 All products and services are supplied exclusively on the basis of these GTC. These GTC are a constituent part of all contracts that LEDaquaristik concludes with the customers.
1.2 The terms and conditions of the customer or third parties shall have no application, even if LEDaquaristik does not separately refute their application in any individual case.
2. Offer and conclusion of contract
2.1 The contract comes into being on the website in the following manner: The catalogue of goods presented on the website www.LEDaquaristik.de does not represent an offer in the legal sense. With the order, the customer makes a binding declaration of his offer under the contract. Input errors can be corrected using the usual keyboard and mouse functions before the order is sent. The customer submits a binding offer to buy by clicking the order button. Following receipt of the customer's offer at LEDaquaristik, the customer receives an automatically generated e-mail, which confirms the receipt of the order and lists its details. This confirmation does not represent an acceptance of the offer by the seller.
The seller can accept the offer by
• sending a confirmation of order in writing or a written confirmation of order in text form (e-mail) to the customer, whereby the receipt of the confirmation of order by the customer is determinative,
• delivering the ordered goods, whereby the receipt by the customer is determinative,
• issuing a request for payment following submission of the order.
A request for payment occurs also with the communication of bank details to the customer or the transfer of the customer to a payments service provider.
If more than one of the above alternatives takes place, the contract comes into being at the point in time at which one of the above alternatives for acceptance first occurs.
2.2 The text of the contract is stored by the seller and sent to the customer along with the GTC by e-mail.
3. Prices, value-added tax and payment, delivery
3.1 All the prices given are end prices, which include 19% value-added tax but exclude delivery/shipping costs.
3.2 The methods of payment are limited to payment in advance by bank transfer, cash on delivery (C.O.D.), immediate online bank transfer, PayPal, credit card, Klarna payment on account and cash.
3.3 Unless another period is given in the product description, the delivery takes place within 5 working days (Monday to Friday, holidays excepted) after the issuing of the order for payment to the transferring credit institute.
3.4 All articles are shipped to the countries listed under the heading "Conditions of payment and supply".
3.5 The seller is entitled to provide partial deliveries, as long as the customer is not caused considerable additional effort and/or additional costs, the partial delivery is usable for the customer in terms of the contractual intended use and the delivery of the rest of the ordered goods is ensured.
3.6 The minimum value of ordered goods is EUR 2.
3.7 KLARNA: Payment on account and by finance
In conjunction with Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden, we offer you payment on account and hire-purchase as payment options.
Please note that Klarna payment on account and Klarna hire-purchase are available to consumers only and that payment is always made to Klarna.
Klarna payment on account
The payment terms are 14 days from the date of the invoice. The invoice is issued when the goods are shipped and is sent either by e-mail or together with the goods. You can find the complete general terms and conditions for payment on account here.
With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (minimum EUR 6.95). You can find further information about Klarna hire-purchase including the general terms and conditions and the European standard information about consumer credit here.
4. Place of fulfilment and transfer of risk
In the case of customers who are companies, the following applies:
4.1 Unless otherwise agreed by the parties, the place of fulfilment for all obligations arising out of the contractual relationship is the place of corporate domicile of LEDaquaristik.
4.2 The risk is transferred to the customer with the handover of the delivery item to the carrier, freight forwarder or any other third party designated to perform the shipping. This also applies in the event of partial deliveries or if the seller has agreed to provide additional services. If the shipping is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer at the point in time when LEDaquaristik is ready to ship and this has been notified to the customer.
5.1 Unless otherwise stipulated in the following provisions, the statutory regulations shall apply to the rights of the customer in the event of material defects and defects of title.
5.2 In the case of customers who are consumers, the following applies: The period of limitation for claims of defect with respect to used items is one year, whereby gross negligence and intentionally caused damage as well as damages arising from death, bodily injury or harm to health and damages arising from a negligent breach of duty and damages arising from an infringement of important obligations under the contract, are expressly not affected by the shortening of the statutory period of limitation. Important obligations under the contract are such duties the fulfilment of which allows the contract to be properly executed in the first place and which the customer should generally expect to be fulfilled. No. 7 applies accordingly.
5.3 In the case of customers who are companies, the following applies:
5.3.1 The warranty period is one year from the date of supply. The supply of used goods is performed under the exclusion of any kind of warranty. No. 7 applies accordingly.
5.3.2 In compliance with § 377 HGB (German Commercial Code), the supplied goods must be carefully examined immediately after delivery to the customer or to the third party designated by him. They shall be deemed to be approved if LEDaquaristik does not receive a notice of defect in text form with respect to visible defects or other defects that would be recognisable in an immediate, careful examination, immediately after the delivery of the supplied good or otherwise immediately after the discovery of the defect or the point in time at which the defect would be discoverable for the customer during normal use of the supplied good without closer examination.
5.3.3 in the event of material defects, LEDaquaristik is obliged and entitled first to rectify the defect or provide a replacement, depending on LEDaquaristik's choice. A subsequent fulfilment after the second unsuccessful attempt shall be regarded as a failure. In the event of the failure, impossibility, impracticality, refusal or unreasonable delay in rectification or provision of a replacement, the customer can withdraw from the contract or reasonably reduce the purchase price.
5.4. The warranty claim is void if the customer changes the purchased item without the express agreement of LEDaquaristik or has it altered by others and the rectification of the defect is made impossible or unreasonably difficult because of this. In this event, the customer bears the additional cost of the defect rectification arising from the alterations.
5.5 Any required connection to electricity supply cables is undertaken by the customer at his own cost, and may be done only in a proper manner and if necessary by an electrician or installer. If a defect can be attributed to an improper installation, the warranty claim against LEDaquaristik is void.
6. Right of withdrawal for consumers
Consumers have a right of withdrawal in accordance with the following instructions, whereby a consumer is a natural person who concludes a legal transaction for purposes that cannot be attributed to his commercial activities nor his activities as a self-employed person.
Instructions for withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving grounds. The withdrawal period is fourteen days from the day on which you, or a third party nominated by you who is not the carrier, took possession of the final good.
In order to exercise your right of withdrawal, you must inform us (LEDaquaristik GmbH, Schierbusch 2, 33161 Hövelhof, Germany, firstname.lastname@example.org, Fax +49 5257 93 666 51) by means of an unambiguous declaration (e.g. a letter sent by post, a fax or an e-mail) about your decision to withdraw from this contract. You can use the accompanying standard withdrawal form for this, but it is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification about your exercise of the right to withdraw before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund you, without delay and at the latest within fourteen days from the date at which the notification of your withdrawal from this contract was received by us, all the payments that we have received from you, including the delivery costs (with the exception of the additional costs that have arisen from you choosing a different form of delivery than the cheapest standard delivery offered by us). For the repayment, we will use the same means of payment that you used in the original transaction, unless anything other is expressly agreed with you; in no case will you receive compensation because of this repayment.
We can refuse to make the repayment until we have received the returned goods or until you furnish proof that the goods have been sent back, depending which is the earlier point in time. You must send back or hand back the goods without delay and in any event within fourteen days from the date on which you notify us about your withdrawal from this contract. The withdrawal period is complied with if the goods are sent back before the expiry of the period of fourteen days.
You will have to pay for any loss of value of the goods only if this loss in value is attributed to them being handled by you in a way unnecessary for the testing of the quality, characteristics and functioning of the goods. "Testing the quality, characteristics and functioning" is understood to be the testing and trying out of the supplied goods, in the same way as is possible and normally done in a retail outlet.
If you make use of an existing right of withdrawal, you must bear the ordinary costs of returning the goods. This also applies if you have not made the payment or a contractually agreed partial payment at the time of withdrawal.
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
To LEDaquaristik GmbH, Schierbusch 2, 33161 Hövelhof, Germany, email@example.com, Fax +49 5257 93 666 51:
- I/we hereby withdraw (*) from my/our (*) concluded contract
concerning the purchase of the following goods (*)/ the performance of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only for notifications on paper)
(*) Cross out non-applicable text
End of the withdrawal instructions
7.1 Liability is excluded for damages to legal interests other than life, limb or health, as it is for damages not due to intent or gross negligence of LEDaquaristik, of one of its legal representatives or of one of its vicarious agents and the conduct also is not a breach of important contractual obligations. Important obligations under the contract are such duties the fulfilment of which allows the contract to be properly executed in the first place and which the user should generally expect to be fulfilled.
7.2 This exclusion of liability does not apply in the case of claims in accordance with the product liability law, or in cases of bad faith failure to disclose or where a guarantee of quality had been given.
8. Retention of ownership
LEDaquaristik retains the ownership of the goods until full payment of the owed purchase price.
9. Concluding provisions
9.1 The legal relationship between the customer and LEDaquaristik is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. In addition for customers who are companies, the Incoterms 2010 of the International Chamber of Commerce, Paris, also apply. This choice of law applies to a consumer only to the extent that it is not limited by any superseding legal provisions of the state in which he has his domicile or place of normal residence.
9.2 If the customer is a merchant, legal entity under public law or separate estate under public law, the exclusive place of jurisdiction and performance for all disputes arising out of this contract is the corporate domicile of LEDaquaristik. The same applies if the customer has no general place of jurisdiction in Germany or his domicile or place of normal residence are unknown at the point in time when the complaint is raised.
9.3 Should individual provisions of these GTC be or become ineffective, this shall not affect the effectiveness of the remaining GTC.
9.4 The language of the contract is German.