Terms and conditions of trade of the online shop

of the company ZooBuy
Owner Michael Trapp
Ostring 3, D-34277 Fuldabrück
Germany

The following conditions of trade are drawn up in German and English and can be loaded into the client’s main memory. If you wish to, you can request the terms and conditions of trade in digital or written form at the telephone number 0049-561-494576 or at the email-address info@zoobuy.net. In addition they are handed out to the client with each delivery.

The address of ZooBuy and the owner can be found especially on the corresponding bill and at the following website: http://www.ZooBuy.net/impressum.php

Preamble

In our online shop you find products for your aquarium, terrarium and your garden pond. The indicated prices are specifically for internet orders at ZooBuy.

§ 1 Area of application

For contracts of sale with ZooBuy, owner Mister Michael Trapp, (in the following text only ZooBuy), these conditions are valid exclusively. Different regulations are not accepted. Regulations different from the ones mentioned here come only into effect with our explicit written recognition.

§ 2 Product selection   

The client has the possibility of clicking on products they are interested in under “our categories” on our website. Chosen products are collected in a virtual basket of goods, and at the end of their purchase, the client is given a list of the articles at the final price inclusive of VAT. Any shipping charges (§ 5 of the terms and conditions of trade – packing and shipping charges) are indicated as well. Before sending the order definitely, the client is given the possibility of checking the accuracy, especially with regard to price and quantity, of the order and, if necessary, of correcting or deleting it.

§ 3 Cancellation Regulations

Right to cancel

The client is allowed to cancel the contract within two weeks in written form (e.g. letter, fax, email) without giving reasons or – if they receive the product before the end of the stipulated period – by returning the product.

The stipulated period begins on receipt of these cancellation regulations in written form, however not before the client has received the product (if products of the same kind are sent in several deliveries: not before the first part of the delivery has arrived) and not either before our obligation to inform according to § 312c passage 2 BGB together with § 1 passages 1, 2 and 4 BGB-InfoV and our duties according to § 312e passage 1 phrase 1 BGB together with § 3 BGB-InfoV have been fulfilled.

In order to stay within the stipulated period, it is enough to send the cancellation or the product in time.

Please send the cancellation to:

Name/Company: ZooBuy

Address: Ostring 3, D-34277 Fuldabrück, Germany

Fax: 0049-561-494502

Email: info@ZooBuy.net

Consequences of cancellation

In case of effective cancellation, both partners have to return the received services and to hand over any profits (e.g. interests). If you are unable or partly unable to return the received service or if you return it in damaged condition, you might have to pay us compensation. This regulation is not valid if the deterioration of the product is only due to a testing – as it would have been possible in a shop. Besides, you can avoid the claim for compensation by not using the product as an owner and avoiding everything that might diminish its value. Products suitable for parcel delivery can be returned at our risk. You will have to pay the costs for the return, if the merchandise we have delivered corresponds to the one you have ordered and if the price of the product you wish to return does not surpass the amount of 40 € or if, in the case of a higher price, at the moment of cancellation you have not yet paid for the product or have not made a partial payment which has been agreed on by contract. Otherwise the return is free of cost for you. Products not suitable for parcel delivery are picked up at your house. Obligations to return payment must be fulfilled within 30 days. For you, the stipulated period begins when you send the cancellation or the product, for us it begins when we receive the cancellation or the product.

Financed affairs

If you have financed this contract through a loan and if you cancel the financed contract, you will not be bound any more to the contract of loan, if both contracts form an economic unity. You can presume this especially, if we are at the same time your loaner or if your loaner uses our contribution as far as the financing is concerned. If we have already received the loan at the moment the cancellation or the return becomes valid, your loaner enters – as far as legal consequence of the cancellation is concerned – into our rights and duties resulting from the financed contract. This does not apply if the contract concerns the acquisition of bonds, foreign currency, derivatives or precious metals.

If you want to avoid as far as possible being bound by the contract, cancel both contracts separately.

End of the cancellation regulations.

§ 4 Prices

The current prices are the ones indicated on our list as presented on our internet sites at the moment of ordering. Prices are inclusive of VAT without packing and shipping charges.

§ 5 Conclusion of contract

The  offers of ZooBuy on the website are with reservations. Like this, ZooBuy is not obliged to deliver if a product is not available. However a conclusion of contract and a contractual commitment are effected, if ZooBuy confirms the order in written form or delivers the merchandise to the client. Both is regarded as the acceptance of the order.

ZooBuy has the right to deliver a product of equal quality and price, if the product which has been ordered is not available and if the client has given their consent to this procedure on the order form.

§ 6 Dealing with orders/Application of the contract

Dealing with orders

ZooBuy will deal with your order within 48 hours. At the latest within two weeks ZooBuy will
inform you if the products you have ordered are not available so that the client’s order must be rejected.

Delivery

If the products you have ordered are available, ZooBuy will deliver them within 7 workdays after your order has reached us.

Packing and shipping charges

Packing and shipping charges are charged separately. All shipping charges can be found up-to-date in our online shop www.zoobuy.net at “shipment”.

§ 7 Service and shipment obligations

After accepting your order and after the application of the contract, delivery time is partly dependent on our suppliers’ delivery. If delivery depends on a pre-supplier and if it fails due to reasons for which ZooBuy is not responsible, we have the right to back out of the contract. In this case, the client has no right to compensation. If the ordered product is not available because of the reasons mentioned above, we will inform the client immediately, and any amounts which have already been paid will be refunded at once.
The same is true, if the delivery is complicated considerably or made impossible by circumstances beyond one’s control or other events we are not responsible for. Such events are above all: fire, floods, industrial action, interruption of service, strike and orders of the authorities which do not belong to or company risk.

In these cases the client will be informed immediately if their order cannot be delivered. Any payment in advance will be refunded immediately, if ZooBuy backs out of the contract because of the reasons mentioned above.

If ZooBuy is kept from delivering the order for more than a month due to circumstances beyond one’s control, the client has the right to back out of the contract. Any payment in advance by the client will be refunded immediately.

§ 8 Payment conditions

ZooBuy writes the client a bill for the merchandise they have ordered. The bill will be handed to the client on delivery of the merchandise.

When a client orders something for the first time, ZooBuy delivers only on advance payment, cash on delivery or debit entry. In this case, the client receives a comprehensible list of the costs before payment. If ZooBuy should allow delivery on account, the client has to pay all amounts at the latest within 8 days after receiving the bill. Generally, in individual cases, ZooBuy is allowed to choose a different form of payment before accepting a client’s order or delivering the merchandise. For clients from EU countries, prices on the bill are always client prices including VAT. Clients from countries not belonging to the EU are not charged VAT.
If the client who is consumer does not honour their financial commitment in time, they are obliged to pay interests on arrears of 5%, except if ZooBuy can prove a higher rate. For clients who are entrepreneurs, clause 1 applies on the condition that the interest on arrears is 8% above the basic interest rate. In this case, the collection takes place through a collection office.
In case of debit entry, payment takes place after the merchandise is sent. If the client orders for the first time, debit entry takes place before the merchandise is sent. Direct debit authorization is only possible with accounts in German banks. If the bank charges fees, we reserve for ourselves the right to credit them. This applies above all for reversals of debit entries we have not agreed with. For each reversal of a debit entry we charge you an administrative fee of at least 15 €. This does not apply if you cancel your order.
Credit card accounts will be charged when the order is finished.
All possible forms of payment can be seen in our online shop www.zoobuy.net at “Forms of payment”.

§ 9 Prohibition on offsetting and right to retain

The client does not have the right to offset their own claims against payment claims made by ZooBuy, except if our client’s claims are indisputable and have been found legally valid.

The client does not have the right to counter our payment claims with rights to retain – not either due to complaints – except if they result from the same contract.

§ 10 Reservation of property
The merchandise we deliver remains the property of ZooBuy i.e. of the owner Michael Trapp (in the following text only ZooBuy) until it is paid completely. The client does not have the right to have the merchandise with reservation at their disposal.

If the propriety with reservation becomes invalid through the processing of the merchandise we have delivered (e.g. through combination with other products), the client tranfers already now the co-propriety of the product created through combination to ZooBuy. The handing over is replaced by the fact that the client keeps safe the newly created product cost-free for ZooBuy.

If a third person makes claims concerning the product with reservation, e.g. in case of distraint, the client has to indicate that ZooBuy shares the propriety, and ZooBuy must be notified immediately.

Costs which might become necessary, if ZooBuy has to take action must be refunded by the client.

§ 11 Guarantee and liability

If a product we have delivered has flaws, at first the client can choose between improvement or the delivery of a new product. However, ZooBuy has the right to refuse the client’s choice, if it is only possible in connection with excessive costs and if the other possibility is not connected with considerable disadvantages for the client.
If improvements or the delivery of a replacement product have not taken place within a reasonable period of time, the client can claim reduction of the purchase price or the annulment of the contract or compensation. If the matter is only slightly contrary to the terms of the contract, especially in case of insignificant flaws, the client has no right of withdrawal.

If the complaint was obviously unjustified, i.e. also for the client clearly noticeably unjustified, and the article is flawless and without fault, ZooBuy is entitled to charge the client for packing costs and the costs for checking the article up to 20€.

The client reserves for themselves the right to prove that the expenditure is less significant, ZooBuy reserves for itself the right to prove that the expenditure is more significant.

The client is not given legal guarantees. Any guarantees given by the producer are excepted from this.

If the client is an entrepreneur, at first ZooBuy has the choice whether it will ensure improvement or the delivery of a replacement product if the merchandise has flaws.

The entrepreneur faces the full burden of proof for all preconditions for the claim, especially for the flaw itself and for the point of time at which the flaw has been noticed. 

§ 12 Periods of guarantee and limitation

The period of guarantee is 2 years from the delivery of the merchandise on. With second-hand articles the period of guarantee is 1 year from the delivery of the merchandise for all clients.

For entrepreneurs the period of guarantee is 1 year from the delivery of the merchandise on.

Further claims are not possible, unless something different results from the following passage.

ZooBuy is liable
- generally in case of any culpable violation of essential contractal duties,
- in addition to such obligations generally as well in case of deliberate action or gross negligence, 

  also in view of accomplices.

In case of negligent violation of an essential duty of the contract, the amount of the liability is limited to the replacement of the typical foreseeable damage. If the client is to blame partially, they will be charged for it. Liability for deliberate action, guarantee, malice and personal injury is excepted from this regulation.


§ 13 Final regulations