Terms and Conditions
§ 1 Scope & Defence Clause
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the legal relationships established via this Internet shop www.korallenfarm.de between the operator of the shop (hereinafter referred to as “Provider”) and its customers.
(2) Any deviating general terms and conditions of the customer will be rejected.
§ 2 Subject matter of the contract & conclusion of the contract
This agreement governs the sale of aquarium accessories (food, filters, technology, rocks, sand, additives) and animals such as corals, invertebrates, and aquatic plants through the provider's online shop. For details of the respective offer, please refer to the product description on the offer page www.korallenfarm.de.
§ 3 Conclusion of contract
(1) The presentation of the goods in the online shop www.korallenfarm.de does not constitute a binding offer by the provider to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.
(2) By submitting an order in the online shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as the sole basis for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. Acceptance of the contract offer is declared by delivery of the goods or an express declaration of acceptance.
(4) The ordering process for concluding the contract in the shop system comprises the following steps:
- Selection of the offer in the desired specification (e.g. size, color, quantity)
- Adding the offer to the shopping cart
- Press the 'order' button
- Enter the billing and delivery address
- Selecting the payment method
- Review and processing of the order and all entries
- Click the 'order with payment' button
- Confirmation email that order has been received
§ 4 Storage of the contract text
We save the contract text of your order. You can print it before sending your order to us by clicking "Print" in the last step of the order process. We will also send you an order confirmation and an order confirmation with all order details and our General Terms and Conditions to the email address you provided.
§ 5 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 6 Prices, shipping costs, return costs
(1) All prices are final prices. In addition to the final prices, additional costs may apply depending on the shipping method, which will be displayed before the order is shipped. Costs for customs duties, local storage costs, etc. are the responsibility of the customer. Shipping is handled by Deutsche Post/DHL.
(2) If a right of withdrawal exists and the goods are used, the customer shall bear the costs of return.
§ 7 Terms of payment
The customer generally has the following payment options: advance payment, payment service provider (e.g., PayPal, credit card). Other payment methods are offered depending on the capabilities of the online shop system. The invoice amount must be transferred in advance to the account specified upon receipt of the invoice, which contains all the details for the transfer and is sent by email. The invoice amount will be collected by the provider via direct debit based on the customer's direct debit authorization. When using an escrow service/payment service provider, this enables the provider and customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card is charged by an escrow service/payment service provider before the goods are dispatched. Offsetting against customer claims is excluded unless these are undisputed or legally established.
§ 8 Delivery conditions
(1) The goods will be dispatched immediately after receipt of confirmed payment. Dispatch occurs within 7 days at the latest. The entrepreneur undertakes to deliver within 7 days of receipt of the order and payment. The standard delivery time is 7 days unless otherwise stated in the item description. Deliveries to the EU and third countries may result in longer delivery times.
(2) The provider will ship the order from a warehouse as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the provider is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by its own suppliers, despite a corresponding hedging transaction being concluded in a timely manner, the provider has the right to withdraw from the contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.
(3) If the customer wishes to collect the goods from the provider’s store, this must be communicated to the provider immediately after completion of the order process.
In addition to the "General Terms and Conditions", please also note our shipping conditions on the following page: link
§ 8.1 Complaints for live animals
Complaints must be made immediately upon arrival of the animals/corals. In the event of a complaint, please immediately take pictures of the animal in the sealed bag, clearly showing the damage. Complaints about the animals/corals after they have been placed in your aquarium are no longer possible. Cloudy water is often not a problem and is not a reason for a complaint. Damage to corals can occur during transport, even with the utmost care. Minor defects in the coral (such as damaged tips/branches, white tips, and slight tissue loss) do not constitute grounds for complaint. Disposal of the animals may only take place once we have resolved the complaint and you have received confirmation. Please also note our shipping conditions in the next section.§ 8.2 Additional shipping conditions for live animals
Please also note our shipping conditions for live animals on the following page: link
§ 9 Customer service, customer support and guarantees
(1) Please note that we do not assume or offer any special customer services, after-sales services, or our own quality or durability guarantees for the goods offered. Should such services be offered or assumed by the respective manufacturer, they shall be in addition to the statutory warranty for defects and establish a separate legal relationship with the manufacturer. If the respective manufacturer of the goods offered offers or assumes such services, you can find their existence and conditions in our product description of the goods.
(2) If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is entitled to choose between repair or replacement in the event of subsequent performance if the goods are new and the customer is an entrepreneur. This does not apply to claims for damages by the customer due to injury to life, limb, or health, or to material contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages resulting from grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. Otherwise, the statutory provisions apply.
(3) The provider does not provide any guarantee.
§ 10 Existence of statutory liability for defects
The provisions of statutory liability for defects apply to all articles.
§ 11 Contract design
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, or upon delivery of the goods to the selected service provider, in the case of shipment. The customer has no direct access to the stored contract text. The customer can correct input errors during the ordering process. To do so, they can proceed as follows: The buyer can correct incorrect input during or at the end of the ordering process or cancel the entire process. To do so, simply send an email to korallenfarm.jw@t-online.de.
§ 12 Right of withdrawal and customer service
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day
- In the case of a sales contract: on which you or a third party other than the carrier designated by you took possession of the last goods.
- In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: on which you or a third party designated by you, who is not the carrier, took possession of the last good.
- In the case of a contract for the delivery of goods in several partial deliveries or pieces: on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece.
- In the case of a contract for the regular delivery of goods over a specified period of time: the date on which you or a third party designated by you, who is not the carrier, takes possession of the first goods. If several alternatives apply, the last date shall prevail.
To exercise your right of withdrawal, you must inform us, korallenfarm joe & Co, KorallenFarm Joe & Co GmbH, Westfalenstr. 106, 58453 Witten - Annen, Tel: 02302 / 98 85 801, Fax: 02302 / 98 85 802, info@korallenfarm.de, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or included in the return package, or an email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you cancel this contract, we will refund the payment we have received from you, less the delivery costs, immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract, but no earlier than after receipt of the goods. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to KorallenFarm Joe & Co GmbH, Westfalenstr. 106, 58453 Witten - Annen, Tel: +49 2302 98 85 801, Fax: +49 2302 98 85 802, info@korallenfarm.de, immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, including, for example, live animals such as fish, corals, and lower animals. For the delivery of live animals abroad, we do NOT guarantee that they will arrive alive.
Cancellation form according to Art. 246a § 1 para. 2 no. 1 and § 2 para. 2 no. 2 EGBGB sample
Cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To KorallenFarm Joe & Co GmbH, Westfalenstr. 106, 58453 Witten - Annen, Tel: +49 2302 98 85 801, Fax: +49 2302 98 85 802, info@korallenfarm.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Signature of the consumer(s) (only if notification is made on paper)
Date
------------
(*) Delete as appropriate.