General Terms and Conditions
§ 1 Scope
(1) The following terms and conditions apply to my deliveries based on a contract concluded via the site www.flake-soil.com.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
(3) The language available for the conclusion of the contract is German, English and French.
§ 2 Contractual Partner
The contract of sale is concluded with
David Kremer-Schillings, Steinbrink 32, 41569 Rommerskirchen, Germany
You can reach me for questions, complaints and objections under the telephone number (+49) (0)15734220716 as well as by e-mail under email@example.com.
§ 3 Conclusion of contract
(1) With your order you make a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. First, you will receive a confirmation of receipt of your order by e-mail to the e-mail address you provided (order confirmation). However, a contract of sale shall not be concluded until our order confirmation is sent to you by e-mail or the ordered goods are delivered.
(2) When ordering via our online store, the ordering process comprises a total of 5 steps. In the first step, you select the desired goods for the shopping cart. In the second step you log in. In the third step, you enter your customer data including billing address and, if applicable, different delivery address. In the fourth step you choose the shipping method (currently only shipping with DHL). In the fifth step you choose how you want to pay and you have the possibility to check all details (e.g. name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by clicking on the corresponding payment method at paypal or by clicking the button "Buy".
§ 4 Prices, shipping costs
(1) Unless otherwise agreed, all prices are ex stock including VAT and packaging. Shipping costs are to be paid additionally. They generally result from our overview "Payment & Shipping Costs", but will be calculated and indicated for each order in the shopping cart before the conclusion of the purchase.
(2) For deliveries to non-EU countries, additional customs duties and fees may apply. These are to be paid by the customer, but not to us, but to the customs and tax authorities.
§ 5 Payment
(1) Payment shall be made at the customer's option in advance by bank transfer or by PayPal.
(2) If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The full purchase price must be transferred to the specified account within 10 days. If you choose the payment method PayPal, the goods will be shipped after completion of payment processing via PayPal.
§ 6 Delivery
(1) Delivery is made, as expressly mentioned in the shipping costs, with the parcel service provider DHL. The delivery time is 2 to 7 business days, unless otherwise stated on the article page at the offer.
(2) If an ordered item is not available, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered item is not available and refund any payments already made at short notice.
(3) When shipping animals (beetles and larvae), we do not guarantee the live arrival of the animals. The customer assumes the full shipping risk and agrees to make full payment even in the event of damaged receipt. In case of correspondingly low temperatures, a styro box must be ordered with the shipment to minimize the risk.
§ 7 Right of withdrawal
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (David Kremer-Schillings, Steinbrink 32, 41569 Rommerskirchen, mobile: 015734220716, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, an informal declaration of revocation is sufficient or you can use the form in paragraph 3. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall 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 the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
(2) The right of withdrawal shall not apply to the delivery of goods
- which have not been stored in accordance with the instructions on the packaging (improperly),
- which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- which can spoil quickly or whose expiry date would be quickly exceeded,
- which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- if they have been inseparably mixed with other goods after delivery due to their nature.
(3) Cancellation form
I revoke the contract with the items I have purchased:
Ordered at ____________ / received at __________________
§ 8 Retention of title
The delivered goods remain our property until full payment.
§ 9 Defect rights of the consumer
(1) In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer may first and foremost demand subsequent performance, i.e., at his option, subsequent delivery or rectification of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods - in addition to the statutory requirements - the requirements set out in § 10 shall apply.
(2) The Customer shall have the right to inform David Kremer-Schillings about any defect within 14 days after receipt in order to exercise his right under sentence 1.
§ 10 Liability for damages towards consumers
The following exclusions and limitations of liability apply to our liability for damages, irrespective of the other legal requirements for claims:
We shall be liable if we are guilty of intent or gross negligence. If the purchaser does not act in accordance with the "Handout Flake Soil" sent along, no claims for damages arise. We act to the best of our knowledge and subject our Flake Soil to regular quality control. However, should it happen that beetles or larvae die unexpectedly in our Flake Soil, we cannot be held liable for this. If the buyer agrees to these terms and conditions, he gives his consent that we will not be held responsible for any animals that die.
§ 11 Applicable law, place of jurisdiction
(1) These terms and conditions and the entire legal relationship between us and our contractual partners shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CSIG). Mandatory consumer protection provisions of the state in which the consumer has his habitual residence shall remain unaffected.
(2) The sole place of jurisdiction for all disputes arising from or in connection with this contract shall be if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law or has its registered office abroad. In all other respects, the statutory provisions shall apply.
§ 12 Final Provisions
Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (in accordance with Article 14 (1) ODR Regulation) at http://ec.europa.eu/consumers/odr/.