Ogólne Warunki Handlowe
for www.antcube.shop ANTSTORE, Martin Sebesta, Selerweg 41, 12169 Berlin, hereinafter referred to as “Seller”.
§ 1 Scope of application, general information, definitions
(1) These General Terms and Conditions (GTC) apply to all orders of goods and services via the online shop on the website antcube.shop, operated by ANTSTORE, Martin Sebesta, Selerweg 41, 12169 Berlin. E-mail: verkauf@antstore.de / law@ants.de
(2) The Seller offers products for ant keeping and accessories in particular via its online shop. The GTC apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Entrepreneurs are natural or legal persons or partnerships who, when concluding a legal transaction, are acting in the exercise of their commercial or self-employed activity.
(4) Individual contractual agreements shall take precedence over these GTC. Deviating terms and conditions of the customer shall only be recognised if the seller has expressly agreed to them.
§ 2 Conclusion of contract
(1) Unless otherwise stated on the respective product page, the delivery area comprises the European Union.
(2) The presentation of the goods on the seller’s website constitutes a binding offer. The ordered goods may deviate slightly from the goods shown on the Internet within reasonable limits due to the technical presentation possibilities, in particular there may be colour deviations, insofar as this is reasonable.
(3) By ticking the blue box “With your order you declare that you have read and understood our offer” and then clicking on the “Buy now” button or being redirected to PayPal via the “Pay with PayPal” button and completing the payment process there, the customer submits a binding offer to purchase the goods in the shopping basket and accepts the validity of these GTC.
(4) The seller confirms receipt of the order by e-mail (order confirmation). However, this order confirmation does not constitute acceptance of the offer. The contract is only concluded when an order confirmation or dispatch confirmation is sent.
(5) The seller reserves the right to accept or reject orders within five working days. If the order is not accepted, the customer will be informed by e-mail.
(6) In the event of unforeseeable delivery problems or non-availability of the goods for which the seller is not responsible, both the seller and the customer may withdraw from the contract. The customer will be informed immediately and payments made will be refunded without delay.
(7) If the customer orders the goods electronically, the contract text is saved by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
§ 3 Customer account
(1) Purchasing via our website is generally only possible with registration. However, it may be necessary to create a customer account to access certain functions.
(2) There is no entitlement to a customer account. Only natural persons of legal age who use the account for private purposes or entrepreneurs and legal entities or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction may register. The access data must be treated confidentially and may not be passed on to third parties.
(3) Multiple registrations are not permitted. Customers can delete their account at any time via the account management.
§ 4 Retention of title
(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, this applies until all claims arising from the current business relationship have been settled.
(2) In the event of a breach of contract by the customer, in particular in the event of default in payment, false information provided by the customer about his creditworthiness or if an application for the opening of insolvency proceedings is filed, the seller is entitled – if necessary after setting a deadline – to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet paid the consideration or has not paid it in full.
(3) The entrepreneur is authorised to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. The seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment.
(4) The Seller undertakes to release the securities to which it is entitled at the request of the Customer to the extent that the realisable value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent on the Seller.
§ 5 Prices and terms of payment
(1) The prices quoted are gross prices, they are binding and include statutory VAT and are exclusive of any shipping costs incurred, including VAT. The amount shown at the time of the order shall apply. The price including VAT and shipping costs will also be displayed in the order form before the customer submits the order. The shipping costs can also be found in our shipping costs overview.
(2) The customer undertakes to pay the total price within 14 days of receiving the order confirmation by e-mail or the invoice. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt in the amount of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 9 percentage points above the base rate. In the event of default on a payment claim, the entrepreneur shall also owe a lump-sum payment of 40 euros including VAT. This also applies if the entrepreneur is in arrears with a payment on account or other instalment payment. The seller reserves the right to claim higher damages for default from the entrepreneur. The lump sum according to sentence 5 shall be offset against a claim for damages owed, insofar as the damage is based on the costs of legal action.
(3) The customer shall only have a right of set-off if his counterclaims have been legally established, recognised or not disputed by the seller. The customer’s right to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected by this. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(4) Changes, extensions and limitations of the order after conclusion of the contract will be taken into account by the seller as far as possible. The seller will charge a processing fee of €10.00 incl. VAT for these, unless they are cases of cancellation or warranty claims. For orders to be processed manually, which are not processed via the online shop, we charge a processing fee of 20.00 € incl. VAT. Excluded from this are orders with goods that cannot be ordered via the online shop, e.g. customised products.
(5) Animals ordered which are to be dispatched at a later date than contractually agreed at the customer’s request will be charged at € 2.00 incl. VAT per day & gyne (care effort) from the day of order to the day of dispatch. A maximum of 30 days is possible.
§ 6 Metody płatności
(1) The purchase price can be paid in advance, by bank transfer, credit card or PayPal. When paying by PayPal, their terms of use apply. Further information can be found in our polityka prywatności.
§ 7 Shipping and delivery conditions
(1) We only ship to member states of the European Union with the exception of European overseas territories or exclaves and regions with fiscal autonomy (referred to by the European Union as “outermost regions”). The estimated delivery time for Germany and other countries is indicated in our shipping costs overview.
(2) The delivery period shall commence one day after payment has been authorised in the case of payment in advance/bank transfer or PayPal. For other payment methods, the period begins one day after the order is placed.
(3) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.
(4) The seller is entitled to make partial deliveries if this is reasonable for the customer. This shall not result in any additional costs for the customer.
(5) If the customer chooses to collect their order from our shop, they will be informed by email that the order is ready for collection.
§ 8 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and deterioration of the goods shall pass to the customer upon handover.
(2) In the case of entrepreneurs, the risk shall pass to the customer upon handover to the transport company.
(3) If the customer is in default of acceptance, this shall be deemed equivalent to handover.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions. The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The warranty period for used goods is also 1 year from delivery of the goods. The one-year warranty period does not apply if the seller can be accused of gross negligence, nor in the case of physical injury and damage to health attributable to the seller and in the case of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with §§ 478, 479 BGB. The seller’s liability under the Product Liability Act remains unaffected by this
(2) Notwithstanding para. 1, the regular limitation period shall apply if the seller has fraudulently concealed a defect
(3) Goods ordered may deviate slightly from the goods shown on the Internet within reasonable limits. Reference is made to § 2 para. 2 of these GTC.
(4) Consumers can choose between repair or replacement. The seller may refuse the chosen type of subsequent fulfilment if it is only possible at disproportionate cost.
(5) Obvious defects must be reported by entrepreneurs within two weeks of receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Timely despatch or notification shall suffice to meet the deadline. For merchants, § 377 HGB applies.
(6) The warranty does not cover damage caused by improper handling. Manufacturer warranties remain unaffected.
§ 10 Limitations of liability
(1) In the event of slight negligence, the Seller shall only be liable for foreseeable damage typical of the contract. This limitation shall also apply to vicarious agents of the Seller.
(2) The limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations or damage to life, limb or health.
(3) The customer is obliged to take appropriate measures to prevent and minimise damage.
(4) The seller is only liable for his own content on the website of his online shop. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the third-party content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 11 Data protection
The data collected during the ordering process is processed to fulfil the contract. Further information, in particular on the transfer of data to third parties, can be found in the polityka prywatności na naszej stronie internetowej.
§ 12 Final provisions and dispute resolution
(1) The law of the Federal Republic of Germany shall apply. For consumers, this shall only apply insofar as the protection granted is not restricted by mandatory provisions of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 16 para. 14 sentence 2 no. 6 TDSG remains unaffected.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at https://ec.europa.eu/consumers/odr. Our e-mail address is: law@ants.de
