Terms and Conditions

The GTC is based on a sample of: HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030)28 30 57 40, Fax (030)28 30 57 4

 

 General Terms and Conditions (Online-Shop)

1 Scope and provider

(1) These General Terms and Conditions of Business apply to all orders placed with the online shop Fischguru, Managing Director: Kai Langer.

E-mail: info@fischguru.de

 

(2) The range of goods in our online shop is directed exclusively at buyers who have reached the age of 18.

 

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business therefore also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions of business that contradict our general terms and conditions of business is hereby rejected.

 

(4) The language of the contract is exclusively German.

 

(5) You can download the currently valid General Terms and Conditions of Business on the

Retrieve and print the website.

2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

 

(2) By clicking the button "Order now subject to payment" you make a binding purchase offer (§ 145 BGB).

 

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order.

 

 

(confirmation of receipt). This acknowledgement of receipt does not constitute an acceptance of your purchase offer. A contract is not concluded by the confirmation of receipt.

 

(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.

 

3 Prices

The prices quoted on the product pages contain the statutory value added tax and other price components and do not include the respective shipping costs.

4 Terms of Payment; Default

(1) Payment is optional:

 

Invoice by prepayment,

Credit card,

paypal

 (2) If you choose the payment method prepayment, we will inform you of our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

 

(3) In the case of payment by credit card, the purchase price reserved at the time of ordering on your credit card ("authorization"). The actual debit of your credit card account occurs at the time we send the goods to you.

 

(4) In the case of payment by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to a lack of account coverage or due to incorrectly transmitted bank details.

 

(5) If you fall into arrears with a payment, you are obliged to pay the statutory interest on arrears of 5 percentage points above the base interest rate. A reminder fee of 2.50 EUR will be charged for every reminder letter sent to you after the default has occurred, unless a lower or higher loss is proven in individual cases.

 

5 Set-off/right of retention

(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship with our claim.

 

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

6 Delivery; retention of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.

 

(2) The goods remain our property until the purchase price has been paid in full.

 

(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:

 

We reserve the right to ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of title to the reserved goods, pledging or transfer of ownership by way of security is not permitted.

You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.

If the reserved goods are combined and mixed, we shall 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.

We undertook to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

7 Cancellation policy § 7

In the event that you are a consumer within the meaning of § 13 BGB, i. e. make a purchase for purposes that cannot be attributed primarily to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions

right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reasons.

The period of revocation shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us by means of a clear declaration (e. g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we will refund to you immediately all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract to us or to... or to us. The deadline is respected if you send the goods before the expiry of the 14-day deadline.

You shall bear the direct costs of returning the goods.

They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.

 

Sample revocation form

If you wish to revoke the contract, please fill in this form and send it back.

To

Company: Kai Simon Langer

Address: Mountain road 40

E-mail: info@fischguru.de

 

Herewith I/we (*) hereby revoke the contract for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only for communication on paper)

date

(*) Delete as applicable.

 

End of the revocation instruction

 

(1) The right of revocation does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e. g. T-shirts with your photo and your name), sealed goods which are made up of

 

 

for reasons of health or hygiene are not suitable for return if the sealant has been removed after delivery or in the case of delivery of audio or video recordings or computer software in a sealed package, if the sealant has been removed after delivery.

 

(2) Please avoid damage and contamination. If possible, please return the goods in their original packaging with all accessories and packaging components to us. If necessary, use protective outer packaging. If you are no longer in possession of the original packaging, please ensure that you provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to damage caused by defective packaging.

 

(3) Please call us before returning the goods under[Tel. No.] to announce the return. In this way you enable us to assign the products as quickly as possible.

 

(4) Please note that the modalities referred to in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

 

8 Transport damage

(1) If goods with obvious transport damages are delivered, please claim such errors immediately with the deliverer and contact us as soon as possible.

 

(2) Failure to make a complaint or contact shall have no consequences for your statutory warranty rights. They help us, however, to meet our own demands on you.

9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of purchase law (§§ 433 et seq. of the German Civil Code).

 

(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contracting party may regularly rely (cardinal obligation) as well as for claims based on other damages which are due to an intentional or grossly negligent breach of duty by the user or his vicarious agents.

 

 

(3) In all other respects, the statutory provisions shall apply to the warranty.

 

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions apply with the following modifications:

 

Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising of the manufacturer.

You are obliged to inspect the goods immediately and with the necessary care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to comply with the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of breach of the obligation to examine and give notice of defects.

In the event of defects, we shall, at our discretion, provide warranty by repair or replacement delivery (subsequent performance). In the event of rectification of defects, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment does not correspond to the intended use of the goods.

If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.

The warranty period is one year from delivery of the goods.

 

10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damages resulting from injury to life, limb and health of persons.

(2) The following limited liability applies in all other respects: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of foreseeable damages at the time of conclusion of the contract, which are typically to be expected. This limitation of liability also applies to the benefit of our vicarious agents.

11 Final provisions

(1) Should one or more of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

 

The GTC is based on a sample of: HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030)28 30 57 40, Fax (030)28 30 57 4