General terms and conditions with customer information
the CRAZYCORAL.DE
1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. right of withdrawal
11. storage of the contract text
12. data protection
13 Jurisdiction, Applicable Law, Contract Language
1 [Scope]
1.1 For the business relationship between CrazyCoral.de with its registered office in GETSALES Sp. z o. o., Żołędowo, Jastrzębia 12/1, 86-021 Osielsko, Poland, EU VAT number: PL5621803382 (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections daily from [10:00 AM] to [8:00 PM] at the telephone number +48 696180310 as well as via contact form at www.crazycoral.de.
1.3 Buyer in the sense of these GTC is any natural or legal person who is engaged in a trade in the field of breeding or selling animals, especially corals.
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity in writing.
2 [Offers and service descriptions]
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. In all other respects, errors are excepted.
2.3 The crazycoral.com portal is not an online store. This is an ordering portal. Prior registration is required to place an order. Only a company that breeds and sells animals can register. After sending the registration application CrazyCoral.de will check the data and grant access to the ordering option.
2.4. crazycoral.com is a portal for professional companies dealing with animals, therefore in case of refusal of registration of a certain company after examination no claims against crazycoral.com arise
3 [Ordering process and conclusion of contract]
3.1 The Customer may select products from the Seller's assortment (reservation of corals from product cards) without obligation and collect them in a so-called shopping cart via the button [add to cart].
3.2 Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the button [Checkout].
3.3 By clicking the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation).
3.5 The automatic confirmation of receipt only documents that the order of the customer has been received by the seller and does not represent an acceptance of the application. Crazycoral.de checks if the specified corals are available and checks their condition.
3.6 The purchase contract is concluded only when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.7 The minimum order value is 500,00 Euro excluding transport costs.
4 [Prices and shipping costs]
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on the shipping costs page and during the ordering process.
4.3 Crazycoral.com will check the number of transport boxes for corals and provide the final shipping costs. The shipping costs are EUR 40 per shipping box. Shipping is done via GoExpress overnight on all weekdays except Saturday and Sunday.
5 [Delivery, availability of goods]
5.1 If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.
5.2 If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If prepayment has been agreed, delivery will be made after receipt of the invoice amount.
6 [Payment terms]
6.1 Payment for the products and shipping costs will be made after Crazycoral.de confirms the product availability.
6.2 Crazycoral.de sends the invoice to the e-mail address specified in the order. After confirmation of the receipt of payment or after sending the transfer confirmation Crazycoral.de starts with the execution of the order.
6.3 If the due date of payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay default interest in the amount of 4.63 percentage points above the base interest rate.
6.4 The Customer's obligation to pay default interest shall not preclude the Seller from claiming further damages for default.
6.5 The customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7 [Retention of title]
Until full payment, the delivered goods remain the property of the seller.
8 [Warranty for material defects and guarantee]
8.1 The warranty shall be determined in accordance with statutory provisions.
8.2 The goods delivered by the Seller shall be covered by a warranty only if such warranty has been expressly given.
8.3 Crazycoral.com gives a guarantee of 48 hours on sold corals. In case of coral death within 48 hours, the buyer is entitled to a full refund.
9 [Liability]
9.1 The following exclusions and limitations of liability shall apply to Seller's liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10 [Right of withdrawal]
Based on § 312g BGB The parties agree on the exclusion of the right of withdrawal.
11 [Storage of the contract text]
11.1 The seller stores the contract text of the order. The GTC are available online. The Customer may print the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Furthermore, the customer receives a copy of the GTC with his order.
12 [Privacy]
12.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
12.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller for the fulfillment and execution of the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
12.3 The customer has the right to receive information free of charge on request about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain data.
12.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the Privacy Policy.
13 [Jurisdiction, Applicable Law, Contractual Language]
13.1 The place of jurisdiction and performance shall be the registered office of the Seller.
13.2 The law of the Federal Republic of Germany shall apply.
13.3 The contractual language is German.