General business-conditions (AGB) of Preis-Aquaristik KG, owner Preis-Aquaristik KG, Cornelia Preis, named Preis-Aquaristik KG in the following and their internet domain www.Ricordea-farm.com. Status:April 2010
(1) These general business-conditions are applicable to all contracts of Preis-Aquaristik KG and their customers. The legal binding is exclusively valid to the German version of the general business conditions AGB.
(2) Our general business-conditions are valid exclusively. Opposing or from our business-conditions deviant conditions of the customer is not acknowledged, unless, Preis-Aquaristik KG agreed in writing to these in the individual case.
§ 2 Realization of the contract
(1) The sale of merchandise takes place in the arranged numbers of pieces. The representation of the Ricordeas of Preis-Aquaristik KG on computer accessible over the internet doesn't represent any offer.
(2) In case that the customer sends an order to Ricordea-Farm.com per e-mail it has the status of an enquiry. A confirmation of the receipt of the order is sent to the customer as well as a confirmation of the order via e-mail. The customer will be informed about possible mistakes in the statements about the Ricordeas on the web site, in that case Preis-Aquaristik KG reminds the customer separately and presents a corresponding counteroffer to the customer.
(3) The contract with Preis-Aquaristik KG comes into operation, if Preis-Aquaristik KG accepts the offer of the customer. The assumption takes place under the reservation of the availability of the pieces ordered. If Preis-Aquaristik KG cannot accept the customer's offer, the customer will be informed electronically.
(1) After receipt of payment, Preis-Aquaristik KG will immediately deliver the pieces ordered to the address quoted by the customer in the order. Preis-Aquaristik KG is enabled to deliver partially due to availability
(2) The delivery takes place according to the shipping-costs shown in the individual invoice. All risks and dangers of the shipment have to be taken by the customer as soon as Preis-Aquaristik KG has handed over to shipment to the assigned logistics-partner.
(3) Statements about the expected time of arrival of the delivery are not binding, unless Preis-Aquaristik KG gives the customer a binding promise in writing.
(4) Shipping-day is Monday if at least four working days follow on the shipping-day. Shipments will not be made on bank holidays. Due to weather-conditions, Preis-Aquaristik KG has the right to postpone the shipment. Information about postponed shipments will be communicated to the customer by telephone or electronically.
§ 4 Proprietary-reservation
Until the complete payment of all claims, the delivered shipment remains the property of Preis-Aquaristik KG
§ 5 Maturity and payment
(1) Prices presented on the confirmation of order are binding. All prices are without value added tax.
(2) Preis-Aquaristik KG accepts only the payment-types indicated in the framework.
(3) The purchase-price becomes due with close of the contract and has to be paid from the customer before shipping.
(4) Used goods and damaged goods by the customer are not taken back by Preis-Aquaristik KG. The full purchase-price as well as all additionally originated costs, like a renewed sending of the goods complained by the customer must be paid by the customer
(5) .The costs of return shipments have to be paid by the customer, unless, the delivered goods do not correspond to the order of the customer.
(6) Pre-payment: Preis-Aquaristik KG charges, Euro 15.00 expenditure-compensation, if the customer doesn't transfer the amount due within five working days after receipt of the confirmation of the order. The detailed account-data is quoted in the confirmation form.
§ 6 Damages of transportation
(1) All deliveries are assured. The insurance-payments are contained in the shipping-costs.
(2) The shipment must be checked immediately for completeness and possible damages at reception. Obvious transportation-damages have to be indicated to the responsible transportation-business immediately. The calculation of any costs of damages from past deliveries against future invoices is inadmissible.
§ 7 Data protection
(1) In accordance with § 33 BDSG, Preis-Aquaristik KG points out that person-referential data are processed electronically to invoice-purposes in the framework of the contract-transaction and are kept.
(2) Application of the person-referential data: Preis-Aquaristik KG uses your data exclusively for executing the contract and stores it in the company data base.
(3) Passing on of information: Preis-Aquaristik KG doesn't pass on person-referential data to third parties.
§ 8 Liability / correspondence
(1) The partners of Preis-Aquaristik KG are liable for damages caused by resolution of its legal representatives or its leading employees.
(2) A continuing liability, especially for damages, that were not created at the goods themselves, for escaped profit or other fortune-damages of the customer or death of arrivals, are excluded.
(3) Please prepare your correspondence, possible returns, criticism or any kind of feedback to:
§ 9 Jurisdiction, Miscellaneous
(1) All contracts are subject to the material right of the Federal Republic of Germany exclusively. Provided the customer is a merchant, exclusive jurisdiction is in the context of the business-relationship for all claims 67806 Rockenhausen, Germany.
(2) Over all, the legal regulations are valid.
§ 10 Severability clause
Individual regulations of this contract should not be completely or partially invalid or should not lose their validness just because of one invalid regulation. The validity of the contract is not touched in the remainder.
Owners: Preis-Aquaristik KG
Cornelia Preis Hauptstraße 7, 67808 Bayerfeld, Deutschland, Tel. 06362/8395
Fax: 06362/8313, E-mail: email@example.com, USt.-Id.Nr. 268 914 989