Startseite
Wish List Gerneral terms of business E-Mail Login Deutsch

General Terms of Business

1. General validity
Everything on a view
Payment
Shipping Costs
Right to return goods
Do I have to pay VAT?
 
When placing an order, the customer who orders something agrees to the following General Terms of Business. Any terms or conditions contrary to the terms stipulated hereinafter have to be agreed in writing, and are subject to written confirmation. The failure to object shall not be deemed an approval.
 
2. Conclusion of a contract
 
The sales contract between us and the ordering party shall become effective when such order is approved by us per e-mail. This approval will contain once more the designation of the ordered items and the price. 
 
3. Payment
 
The prices at the time of the order are valid. All prices are including VAT.When the delivery is effected to a country outside the EU, the VAT will be deducted and not be charged. Payment shall be effected by advanced payment, PayPal or by credit card. We accept Mastercard, Eurocard, Visacard, Diners Club, and any American Express card. When charging your card, we are obliged to apply for approval from the credit card institution for any amount.
 
4. Delivery
 
Delivery abroad is subject to the valid list or upon agreement. We reserve the right to choose the most favourable way of delivery. We guarantee a delivery time of not more than 30 days for all articles, except for those made to customer's specification. In exceptional cases delivery may be effected within a reasonable time of not more than 60 days. In such case the buyer will be informed by us. Any other agreements as to the delivery shall be stipulated in writing. Any unforeseeable impediment to performance, such as cases of force majeure, interruption of operations etc. shall give us the right to withdraw, in whole or in part, from the supply commitment. Any claims for damages because of delayed supply shall be excluded. Partial deliveries are admissible. For freight exceeding 1.20 m length (package dimension), a bulky goods surcharge of 13, - EUR will be charged.
 

5. Right to cancel the order or to return goods of the ordering party 
Right to return goods

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party other than the carrier designated by you have taken possession of the goods. In order to exercise the right of cancellation, you must inform us (Happy Diskus - e.Kfr., Gewerbepark Lößnitz, 08294 Lößnitz, phone: 037712543-0, fax: 037712543-20, e-mail: info@aquaristikshop.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may, but are not obliged to, use the attached sample cancellation form. In order to comply with the cancellation period, it is sufficient to send your notice of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel the contract, we will reimburse you for all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days after the day on which you notify us of your decision to cancel the contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, and under no circumstances will you be charged any fees for this refund. We may withhold the refund until we have received the goods or until you have provided us with proof that you have returned the goods, whichever is the earlier. You must return or deliver the goods to us immediately and in any event within fourteen days of the day on which you notify us of your cancellation. The time limit is met if you dispatch the goods before the end of the fourteen days. You will be responsible for the direct cost of returning the goods. In the case of goods sent by a carrier (e.g. aquarium combinations), the cost of returning the goods will not exceed EUR 80. You will only have to pay for any deterioration of the goods if this is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Special notes

If you finance this contract with a loan and later cancel it, you will no longer be bound by the loan agreement if both contracts form a single economic unit. This is particularly likely to be the case if we are also your lender or if your lender is using our assistance in the financing. If we have already received the loan when the cancellation becomes effective or the goods are returned, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the cancellation or return. The latter does not apply if the subject of this agreement is the purchase of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual obligation as far as possible, you should make use of your right of withdrawal and also withdraw from the credit agreement if you are entitled to a right of withdrawal for this.
The right of withdrawal does not apply to distance contracts for the supply of goods manufactured to customer specifications or clearly tailored to personal needs or which, by their nature, are not suitable for return or which spoil quickly or whose expiry date would be exceeded.
Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to us)

To:
Happy Diskus - e.Kfr. - Aquaristikshop
Industrial Park Lößnitz
Ernst-Geßner-Straße
08294 Lößnitz
Fax: 03771/2543-20
E-mail: info@aquaristikshop.com

I/we (*) hereby cancel the contract concluded by me/us (*)
for the purchase of the following goods:

Ordered on (*)/ Received on (*):

Name of costumer(s):

Address of costumer(s):

_________________________
Signature of costumer(s)

Date:

(*) Delete as appropriate

End of the cancellation policy.

 
6. Complaint and liability, warranty
 
In general, the statutory warranty period of 24 months shall apply. Otherwise we give a guarantee that corresponds to the terms of guarantee offered by the respective manufacturer. Warranty claims may only be made by the direct buyer. The guarantee is always limited to the respective item, and is effected by repair or exchange, at our choice. We do not take responsibility for any damage due to improper handling or usage, as well as defects due to normal wear and tear. Furthermore, we reject to take any responsibility for indirect losses. We shall not be liable for the accuracy of any technical data or any other information not particularly referred to by us. We reserve the right to make technical modifications in the sense of progress or to generally improve the products.
 
7. Right of property
 
The goods shall remain our unmarketable property until full payment of the price is made. The right of property also includes any interest or ancillary costs accruing from the obligation to pay the goods. Any right to retain or to set off the payment shall be excluded.
 
8. Transport damage
 
All deliveries will be insured. The insurance fee is part of the shipping costs. The goods have to be checked for completeness and any defects immediately on delivery. Any transport damage has to be reported within 24 hours to the respective shipping company. It is not permissible to set off any payments against the claims due to damages upon delivery.
 
9. Data protection
 
As stipulated by the Data Protection Act, we advise that any data from business trans-actions is being stored. Upon customer's request this data is deleted. Passing on this data to third parties is not allowed.
 
10. Final provision
 
In case any of the above provisions become void, for whatever reason, the validity of the other provisions shall remain unaffected. Wherever applicable (e.g. among merchants), Aue shall be the place of juristiction for any disputes araising from this contact between the costumer and the company Happy Diskus.
 
 
Aue, March 2024 
Happy Diskus - e.Kfr. Aquaristic trade, mail order and service, Trade register: Chemnitz HRA 5691, Authorized Representative Mrs. Claudia Seidel, Business Park Loessnitz, Ernst-Gessner-Str. 8, 08294 Loessnitz, Germany, Phone: +49(0)3771-2543-0, Fax:+49(0)3771-2543-20, e-mail: info@happy-diskus.de, USt.-Id.Nr. DE192802817