General terms and conditions with customer information

1. Provider

The provider of the product range presented in this online shop and the contractual partner when concluding purchase contracts concluded via this online shop is the natural person named below (hereinafter referred to as the "Provider"):

Reptilienkosmos.de
Sören Panse
Annastr. 91
41372 Niederkrüchten

Fon: 02163-9894578
Fax: 02163-9894828
E-Mail:  info@reptilienkosmos.de

VAT-ID: DE 255245893

2. Scope of application

For all contracts concluded via this online shop, the following General Terms and Conditions (AGB) apply. These also contain the information required by law in accordance with the provisions on contracts in distance selling and electronic commerce.

3. Definitions

Insofar as the terms "entrepreneur" and "consumer" are used, the statutory definitions of the German Civil Code (BGB) shall apply:
(1) Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(2) A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.

4. Offer and conclusion of contract

(1) The product presentations in this online shop are always non-binding and do not represent an offer in the legal sense. The customer is invited by the product representation to put the desired products into the shopping basket, and by ordering the products a legally binding offer for the purchase of the ordered products. The time of the conclusion of the contract depends on point 4 (3) of these General Terms and Conditions.
(2) The customer has the option of placing the desired products in the shopping basket without obligation via the shopping basket function. To do this, click on the corresponding button or symbol on the respective product page. An unwanted and already selected product can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking the delete button.
(3) If all desired products are in the shopping cart, the customer can initiate the payment process:

"Checkout" button:

If the customer clicks on the checkout button, he can log in with an existing customer account, open a new customer account or place an order as a guest without opening a customer account. In the following, the personal data required for the execution of the contract are to be entered by the customer, whereby mandatory fields are highlighted. In the further ordering process, the desired payment and shipping method is queried. At the end of the ordering process, the customer is taken to an overview page ("checkout") on which the data entered, the selection made by the customer, the desired products as well as the costs and their composition are listed. At this point, the customer can check his selection and entries. Errors can be corrected by clicking on the respective change button and entering a new entry/selection. By pressing the order button ["Buy Now"] the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded by acceptance of the offer by the supplier by sending an order confirmation within 48 hours. Otherwise the offer is considered as rejected.

Button "amazon pay":

If the customer presses the checkout button, he can also decide afterwards to carry out the purchase processing via "amazon payment" by clicking on the "amazon pay" button. When the button "amazon pay" is clicked, the customer is redirected to the website of the online provider Amazon. In order to process and pay for the order process via Amazon, the customer must be registered there. The customer can select the delivery address and payment method stored at Amazon and is then redirected to the online shop of the provider. There the order process can be completed as described under a) ("Checkout"). Immediately after completion of the order process by the customer, Amazon is requested by the provider to initiate the payment transaction. With this request, the provider accepts the customer's offer to conclude a contract.

5. Delivery time

The delivery time is indicated on the product detail page. In the case of products designated as "immediately available", the goods will be dispatched by the customer within one working day of the order being placed or, in the case of prepayment by bank transfer, within 3 working days of payment being made. If there is no concrete information on the delivery time on the product page, the following applies: The ordered goods will be dispatched within 48 hours after ordering or, in the case of prepayment methods, within 3 working days after execution of payment by the customer. Sundays and public holidays are not to be considered with the computation. With usual post and package running time the delivery time amounts to up to the customer 2-4 working-days. The stated delivery times apply only to dispatch within Germany ( mainland ). Shipping to German islands and abroad, if offered, may take 3-4 working days longer.

6. Prices and shipping costs

(1) The prices quoted in this online shop are, without exception, final prices and each include the statutory value added tax. 
(2) If forwarding expenses result, these are specified on an appropriate and linked underside for the offered delivery area. 
(3) If a shipment outside the EU is offered, additional customs duties, taxes and fees may be incurred, which are to be borne by the customer and paid to the responsible customs or tax authorities. The details can be requested by the customer from the relevant customs or tax authorities before ordering. There are also helpful information pages such as the following:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm

7. 21-day money-back guarantee, guarantee declaration and conditions

(1) In addition to the 14-day statutory right of cancellation, the provider grants the customer a further voluntary money-back guarantee of 21 days. With the money-back-guarantee, the customer can also withdraw from the purchase contract within a further 21 days after the end of the 14-day cancellation period by returning the goods to the specified address within this period, observing the conditions set out in (2) below. If the goods are returned within the statutory revocation period, the provisions governing the right of revocation shall apply exclusively.
(2) For the exercise of the 21-day money-back guarantee, the following conditions apply in deviation from the right of revocation:
- The goods must be undamaged and returned in the original packaging. 
- The original packaging can be opened.
- The goods must not have been tested or tried out beyond what is possible and customary in a shop.
- The return shipment must be accompanied by a cover letter with the order number and the customer's address, in which reference is made to the exercise of the 21-day money-back guarantee.
- The 21-day money-back guarantee does not apply to live animals and feeder insects.
- The customer bears the shipping costs for the return of the goods, regardless of their value.
- The goods must be returned to the following address: Reptilienkosmos.de, Annastr. 91, 41372 Niederkrüchten, Germany.

(3) As soon as the goods have been received by the supplier, the value of the goods will be refunded to the customer within 14 days on the way in which the payment of the customer was received by the supplier.
(4) The legal right of revocation, the liability for defects as well as the other legal customer rights are not affected by the voluntary 21-day money-back guarantee and exist independently of it. 
(5) The voluntary 21-day money-back guarantee applies throughout Europe. The provider is the guarantor.

8. Transport risk

(1) When purchasing consumer goods, the provider bears the transport risk in accordance with the statutory provisions. If the buyer is an entrepreneur, the transport risk is transferred to him as soon as the goods are handed over to the transport company. 
(2) If the customer is responsible for the undeliverability of a consignment, he shall bear the additional costs incurred as a result. Shipments shall be deemed undeliverable if no person authorised to receive them is found and the collection period has elapsed fruitlessly, acceptance is refused by the recipient or authorised recipient or the recipient cannot be identified at the address indicated by him. Refusal of acceptance shall also be deemed to include the prevention of delivery via an existing receiving facility (e.g. pass-on/no insertion at the house letter or parcel box), the refusal to pay the C.O.D. amount / C.O.D. costs (insofar as the C.O.D. payment method was offered and selected by the customer) or the refusal to issue the acknowledgement of receipt.

9. Payment methods

(1) The customer can choose between several methods of payment. These are listed on a correspondingly linked subpage and displayed for selection in the order process. If additional costs are incurred for certain payment methods, these are listed in detail on the correspondingly linked subpage.
(2) The delivery of the product takes place with the prepayment payment methods after receipt of payment with the offerer.
(3) When selecting the payment method "purchase on account" or "installment purchase", the supplier assigns his payment claims against the customer to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Before accepting the declaration of assignment, Klarna will carry out a credit check using the data provided by the customer. In case of a negative credit check, the provider reserves the right to refuse the customer the use of the payment method "purchase on account" and/or "installment purchase" and refer the customer to alternative payment methods. If the payment method "purchase on account" and/or "installment purchase" is accepted, the customer can only make payment to Klarna with debt discharging effect. However, the provider always remains the contractual partner and is responsible for the execution of the contract.

10. Retention of title

If the customer is a consumer, the supplier retains ownership of the delivered goods until full payment of the purchase price by the customer. If the customer is an entrepreneur, the supplier reserves the ownership of the delivered goods until full payment of all claims arising from the business relationship with the buyer.

11. Reservation of right of withdrawal

If, after the conclusion of a purchase contract, delivery difficulties arise with the provider in such a way that the latter itself is not supplied in good time in terms of type and quantity, the provider reserves the right to withdraw from the contract. The above shall only apply in the event that the Provider is not responsible for the failure to deliver, in particular if he has concluded a hedging transaction in good time to fulfil his contractual obligations and has informed the affected customers without delay. In such a case, the provider will immediately refund the services already rendered by the customer.

12. Statutory liability for defects

(1) In the case of contracts with consumers for the delivery of new goods, the statutory provisions shall apply; therefore, a two-year warranty period shall apply from the time the item is handed over to the consumer. In deviation from this, a one-year warranty period shall apply to contracts with consumers for the delivery of a used item from the time the item is handed over to the consumer. 
(2) Deviating from the legal regulations, a warranty period of one year applies to contracts with entrepreneurs for the delivery of new goods from the date of delivery to the buyer, and a warranty period of six months applies to contracts with entrepreneurs for the delivery of used goods from the date of delivery to the buyer. The rights of the entrepreneur from §§ 478, 479 BGB remain unaffected by this. 
(3) The aforementioned shortenings of the warranty period shall not apply to claims based on damage caused by the provider, its legal representatives or vicarious agents in the following cases: In the event of injury to life, limb or health, intentional or grossly negligent breach of duty, fraudulent concealment of a defect, breach of an obligation whose fulfilment is essential for the proper execution of the contract and on the observance of which the purchaser may regularly rely (cardinal obligation). Furthermore, the provider is liable according to the product liability law, as far as the scope of application of the product liability law is opened, or in other cases listed by law, in which a liability of the provider is mandatory.

13. Notice of defects

If the customer is a merchant within the meaning of the German Commercial Code (HGB), he must notify the provider of defects immediately, at the latest within one week of receipt of the goods. Defects which cannot be discovered within this period, even after careful inspection, must be reported in writing immediately after discovery, otherwise the goods shall be deemed to have been approved even in view of this defect. The above shall not apply if the supplier has fraudulently concealed the defect or has given a corresponding guarantee. If the provider enters into negotiations about a complaint, this does not represent a waiver of the objection of a delayed, insufficient or unfounded complaint.

14. Limitation of liability, guarantees

(1) The provider shall be liable without limitation for damages if he is guilty of intent or gross negligence. 
(2) For simple negligence the provider is only liable in case of violation of a duty, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the buyer may regularly rely (cardinal duty). In all other respects, liability is excluded in the event of simple negligence.
(3) If the provider is liable for simple negligence as above, the liability is limited to the damage which typically had to be expected according to the circumstances known at the time of conclusion of the contract.
(4) The aforementioned exclusions and limitations of liability shall not apply if a guarantee has been given for the quality of the goods or if the defectiveness of the goods has been fraudulently concealed. Furthermore, the provider shall be liable without limitation for damages to life, limb and health which are to be compensated by him in accordance with the Product Liability Act.
(5) If the manufacturer or the provider grants guarantees for certain products, this will be indicated on the corresponding product page or on a separately linked subpage. The legal rights of the customer, in particular the legal liability for defects, are not affected by any guarantees granted.

15. Contract language, contract text storage

(1) The contract language shall be German.
(2) The contract text is not stored after the conclusion of the contract by the provider and is not accessible to the customer. The customer can print out the contract text before contract conclusion and/or save it by screenshots of the essential web pages or conversion into pdf format in reproducible form.

16. Applicable law, jurisdiction agreement

(1) The sales contracts concluded with entrepreneurs via this online shop are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In the event of disputes regarding contracts concluded via this online shop, the place of jurisdiction shall be the district in which the provider has its registered office, if the purchaser is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law.

17. Online settlement of disputes

(1) The European Commission provides a platform for online dispute resolution (OS) under the following link: https://ec.europa.eu/consumers/odr.
(2) For general consumer problems, the General Consumer Mediation Body of the Centre for Mediation e. V. is responsible, which can be reached at https://www.verbraucher-schlichter.de or at the following address: Strassburger road 8, 77694 Kehl am Rhein.
(3) For the participation in a dispute settlement procedure before a consumer arbitration board the offerer is neither obligated nor ready for it.

18. Severability clause

If one of the above provisions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other provisions shall remain unaffected and shall continue to apply in full.

19. Note on the disposal of batteries/rechargeable batteries

If batteries or rechargeable batteries are included in the scope of delivery, the following note must be observed: Used batteries and rechargeable batteries must not be disposed of with household waste. Used batteries and rechargeable batteries must be disposed of by law exclusively via the trade or the specially set up collection points. Retailers and manufacturers are legally obliged to take back batteries and accumulators free of charge and to recycle them properly or dispose of them as hazardous waste. The customer can therefore return used batteries and accumulators free of charge to a municipal collection point or to a local retailer or to the supplier or send them back.

Batteries and Akkus are provided with a crossed out garbage can. In the case of batteries containing more than 0.0005 weight percent mercury, more than 0.002 weight percent cadmium or more than 0.004 weight percent lead, the respective chemical symbol (Hg (mercury), Cd (cadmium) or Pb (lead)) is listed under the symbol of the waste bin.