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1.1 These Terms and Conditions of Delivery and Sale shall apply exclusively to all deliveries and other services.
1.2 Any deviating terms and conditions of the Buyer which we do not expressly not expressly recognised by us are not binding, even if we do not expressly contradict them.
1.3 The place of fulfilment for all obligations arising from the contractual relationship contractual relationship, including the obligation to pay, is Waldkirch.
1.4 The invalidity of individual provisions of this contract or its its components shall not affect the validity of the remaining unaffected.
1.5 The place of jurisdiction is Waldkirch im Breisgau.
2.5 For animals, we charge a surcharge of 25% per animal for optically perfect animals or special requests such as sexing of snakes, as well as unbalanced/unusual sex ratios (e.g. 0.3).
3.1 Delivery is only made to the reseller for pet supplies.
3.2 Initial orders must be placed in writing (fax, email or letter) and will only be delivered against advance payment.
3.3 For orders below the minimum order value of EUR 50.00, a minimum quantity surcharge of EUR 10.00 will be charged. From a net order value of EUR 250.00, domestic delivery is carriage paid, for foreign customers carriage paid to the German border, with the exception of animals, feed animals, frozen food and terrariums. Shipping costs will be charged pro rata. Glass terrariums are only dispatched on pallets.
3.4 The seller shall endeavour to deliver as quickly as possible. The choice of the mode of despatch is at our discretion. Partial deliveries are permissible. Dispatch and packaging shall be carried out to the best of our judgement, but we shall not be liable for the cheapest form of transport.
3.5 A delivery period shall only be deemed to have been agreed if we expressly confirm it in writing. The specification of a delivery date shall be made to the best of our judgement and shall be extended appropriately if the Buyer delays or fails to cooperate as required or agreed. This also applies to the occurrence of events beyond our control, such as delays in delivery by upstream suppliers.
3.7 Delivery of live animals
3.7.1 Vertebrates will only be delivered if we have a valid authorisation to trade in vertebrates in accordance with §11 of the Animal Protection Act. DGHT/VDA certificates of expertise alone are not accepted!
3.7.2 Vertebrates are shipped exclusively by live animal carrier. Invertebrate feed animals are dispatched by express carrier or, on request, as a standard parcel. Frozen goods are dispatched by express carrier or animal carrier. Depending on the weather conditions, we will choose the appropriate packaging at our discretion. The shipping and packaging costs shall always be borne by the buyer. We will credit the packaging charged to the buyer if the goods are returned free of charge, provided they are in perfect condition. This does not apply to shipping packaging for rodents, which we cannot take back for reasons of hygiene.
3.7.3 All animals offered by us comply with the statutory provisions. In the case of animals that fall under Regulation EC 338/97 (CITES animals), a corresponding proof of legality (e.g. import licence number) is printed on the invoice. Annex A animals are only sold with a certificate. A certificate will be charged at cost price of EUR 5.00. We can only provide additional proof of legality if the buyer provides us with proof of purchase (invoice). Such requests will be processed as quickly as possible, but may take some time depending on the effort involved. Costs incurred by us due to additionally provided proofs shall be borne by the buyer.
4.1 The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer as soon as the goods have been loaded.
4.2 The Buyer must inspect the goods immediately upon receipt and, if a defect is discovered, notify us immediately. If the Buyer fails to make this notification, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. We reserve the right to inspect the goods complained about after receiving notification of defects.
4.3 Complaints or partial deliveries shall not entitle the Buyer to refuse acceptance of the goods.
4.4 Warranty claims are limited to repair or replacement at our discretion. If a repair or replacement delivery is not possible, the equivalent value will be credited. The assertion of warranty claims for products already sold to consumers requires the cash register receipt and the completed warranty card.
4.5 In the event of defects for which we are not responsible, the costs for the replacement delivery shall be borne by the buyer. Otherwise, a replacement delivery shall be made with the next possible regular delivery to the Buyer.
4.6 Returns of all kinds must always be made carriage paid.
4.7 Claims for damages and other further claims of the buyer, in particular due to consequential damages, insofar as these do not result from the absence of warranted characteristics, are excluded. This shall not apply in the event of wilful intent, gross negligence, breach of material contractual obligations on our part or the absence of properties warranted in writing.
4.8 Warranty claims of any kind shall expire six months after delivery.
4.9 Special features of the warranty for live animals.
4.9.1 In general, live animals are to be regarded as used goods that may have obvious or hidden defects. Animals with regenerated tails or healed wounds are not considered defective; this also applies to defects such as parasite infestation, missing claws or toes, carapace damage or minor tail defects, which can often occur in live animals. Due to the nature of the matter, we cannot be held liable for internal diseases and parasites. We endeavour to only sell animals that appear healthy on the outside. We do not guarantee the sex of the animals; sexing is carried out to the best of our knowledge and belief.
4.9.2 Within Germany, we guarantee the live arrival of vertebrates, provided that the carrier is not at fault. After receipt, the risk of loss or deterioration of the goods is transferred to the buyer. We cannot be held liable for the live arrival of food animals in extreme weather conditions.
4.9.3 Rejected animals must be kept for possible inspection. The seller may request a
5.7 Offsetting and retention are excluded unless the offsetting claim/the claim for retention has been
6.2 Any return of goods shall always be for safety reasons only; even if the goods are subsequently
7.2 The authorisation can be revoked at any time without giving reasons.
8.3 It is not permitted to change or falsify copyrighted material from us or to use it to advertise third-party products.