Introductory remark

These General Terms and Conditions of Use apply to all online orders by English speaking customers in anglophone countries.

§ 1 Validity

By placing an order, the customer agrees to the General Terms and Conditions of Use. If one or more clauses of these General Terms and Conditions of Use should become invalid, the remaining clauses still remain valid.

The UN sales law is not applicable

§ 2 Prices

The prices stated are gross prices and include the German value added tax of currently 19 % or 7 % (reduced rate). The shop prices are effective according to the prices listed on this web site. As far price increases become necessary (e.g. due to increased supplier prices), I publish a notification as soon as possible and adjust the prices on the deadline stated.

For orders exceeding 35.- € i allow a 4 % discount, for orders exceeding 70.- € 8 % and for orders exceeding 140.- € 12 %, if a value of 250.- € is exceeded 16 % and for order values more than 500.- € 20 %.

For order values below 14.- €, a markup for small-volume purchases of 2.50 € has to be added.

When sending deliveries to countries outside the EU, we only charge net prices. Possible custom fees and individual import turnover taxes fall under the customer's responsibility and liability.

§ 3 Order

• in the web shop

  http://www.drak.de/shop

• per e-mail

info@drak.de

• by telephone

+49 (70 31) 77 63 53 or +49 (32 22) 11 55 047

• per fax

+49 (70 31) 77 63 54

• or in written form

DRAK-Aquaristik Dr. Andreas Kremser
Rosenstrasse 22
D-71101 Schoenaich

§ 4 Conditions of Payment / Bank details

If a bill is not settled within 30 days after it is received, a delay in payment according to § 286 BGB (German Civil Code) occurs. As far as the payer is consumer, we hereby explicitly refer to the occurrence of default according to preceding information.

Advance payment

Sale on account

Possible from your second order onwards.

Bank details for advance payment and sale on account:

Payee: Andreas Kremser

Account number: 984030
Kreissparkasse Boeblingen (bank code 60350130)

For foreign currency transfers:
S.W.I.F.T.-Code (BIC): SOLADES1BBL
IBAN DE21603501300000984030

Direct Debit Authorization

Please send me your declaration of consent in written form or at least by fax. This is the safest method of payment for you, as unauthorized or wrong debit entries can be immediately cancelled by your bank without giving reasons.

The earliest date your bank account is debited, is the delivery date.

When you opt for bank collection and your bank does not redeem the debit entry, I charge a fee of 10.- € for administrative and bank expenses.
It is optional for the customer to provide evidence for a lesser damage.

Only possible for German bank accounts.

Cash/Cheque

Cash payment or payment by check is possible in particular cases (but please only after prior consent).

Cash on delivery

Possible for deliveries in Germany (+ 9.52 €), to Belgium, Luxembourg, the Netherlands, Czech Republic, Hungary and Austria (each + 14.88 €).

Credit cards

Paypal

Please authorize payment direct to info@drak.de.

If your written direct debit authorization contains wrong personal or bank data and the direct debit authorization can therefore not be redeemed by the bank or if it is suspected that you were already not able or willing to pay for the delivery at the time you executed the order, I will file fraud charges.

§ 5 Shipment

The prices already include the entire shipping charges within Germany.

If the delivery of one item takes longer, I reserve the right to dispatch a partial delivery.

No shipment to Deutsche Post Packstationen (self-collection automat operated by German Post) and post-office boxes!

If desired, I also deliver all over Europe (and beyond European borders). There is an additional surcharge for deliveries to foreign countries (subject to weight and destination) which is to be paid by the customer. Further details are displayed when ordering from the web shop or may be issued on demand. There may be additional custom fees for deliveries to Non-EU-countries.

Please note that all charges involving foreign bank transfers are to be paid by the customer. Foreign bank transfers without prior notice are also charged to the payee!

All target dates and time limits stated by me are non-binding, as far as explicitly no other written confimation has been made. Damages in transit are to be reported to the carrier.

§ 6 Retention of title

The goods remain my property until they are fully paid for.

It is not allowed to connect, mix or process the goods according to §§ 947, 948, 950 BGB (German Civil Code), as long as I still retain the title.

§ 7 Right of withdrawal

As far as you are a consumer which means that your order in our web shop can not be ascribed to any entrepreneurial or own business activities, you are granted, according to § 312 d of the German Civil Code (BGB)

a right of withdrawal according to § 355 BGB.

Important information: A right of withdrawal according to § 312 d section 4 number 1 BGB does not apply when ordering living food cultures, water plants and custom-made products.

As far as you are entitled to the right of withdrawal, the following applies: You do not have to

• state any reasons in order to make use of your right of withdrawal.
• Only send a statement in written form, either by letter or by e-mail within the deadline
• or resend the products to me post-paid within 2 weeks, beginning with the delivery date (in order to meet the deadline, a timely mailing should suffice).

Please send the the products to following address:

DRAK-Aquaristik Dr. Andreas Kremser
Rosenstrasse 22
D-71101 Schoenaich

Please note following information when you wish to execute your right of withdrawal:

The postage fees for sending back the ordered items are covered by me, as far as the order value exceeds 40.- €.

If the delivered products deteriorated though you handled them correctly, we will send you a compensation delivery. In such a case I reserve the right if necessary to deduct a certain amount froum the reimbursement. You can avoid this by immediately stopping to use the product as soon as you discover a fault.

After executing the right of withdrawal, the product must not be used anymore before resending it.

§ 8 Guarantee

There is a legal guarantee for 2 years. When complaints are eligible, the customer has to grant me the opportunity to either remove the defects or to send a compensation delivery. Only if the supplementary performance failed a second time, the buyer is either entitled to reduce the purchasing price or may apply redhibitory law.

§ 9 Legal venue

The legal venue according to the commercial code is Stuttgart/Germany.
Furthermore, § 38 ZPO applies.

§ 10 Data protection

Your data is stored electronically. Hereby I naturally respect the regulations of the Telemedia Act (TMG) and the German Data Protection Act (BDSG).

I hereby confirm to only store all data for internal purposes (billing, shipping, reminders and customer information). I will never forward this data to a third party, apart from my service partners who need this data to carry out the order. (e.g. the shipping company delivering the order or the bank executing the payment). But in those cases, I only provide the necessary minimum of your data.