General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts that you conclude with us as a supplier (Tom's Teichfische) via my website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all of the order data will then be displayed again on the order overview page. If you use the instant payment system (PayPal) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "buy" button, you are declaring the legally binding Acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email).
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Credit check
If we make an advance payment, i.e. when paying on site, your data will be stored and checked for the purpose of credit checks in order to safeguard our legitimate interests.
§ 4 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum receive the goods.
(3) Insofar as we are obliged to carry out an age check due to the statutory provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, if in doubt, to obtain the identity card of the Have the goods shown to the person receiving the goods for age control.
(4) Insofar as we show in the respective item description that you must be over the age of 18 to purchase the goods, above the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the legally prescribed minimum age got to.
§ 8 copyrights and property rights
All graphics, photos and texts on this website are subject to copyright and may not be published, made available to others or used or published in any other way, even in part or in part.
§ 9 Notes on battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, we are obliged to inform you of the following:
As the end user, you are legally obliged to return used batteries. You can return old batteries, which we have or have carried in our range as new batteries, free of charge to our dispatch warehouse (dispatch address).
II. Customer information
1. Identity of the seller
Tom's pond fish
Mermooser Str. 9
Phone: 0175 8091324
Alternative dispute resolution:
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data will be sent to you by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button in the shopping cart, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear. You also have to bear any costs incurred for the transfer of money in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).