Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as a supplier (Fischfarmonline - Michel Bornebroek) via the website www.borneowild-shop.nl. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our product presentations on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase order (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "order with payment" you submit a binding offer from us.
(3) Acceptance of the offer (and thus the conclusion of the contract) shall take place immediately after ordering by confirmation in writing (eg e-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 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 full payment of the purchase price.
§ 4 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase, for damage after Product Liability Act and in all other legally regulated cases.
(2) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance you can regularly trust.
(3) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our registered office, as far as 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 your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Fish Farm Online
7521 CZ Enschede
commercial register NL Kvk. 08132286
Phone + 31-53-2312200
Fax + 31-53-4300407
Mobiel + 31-6-22451185
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
4. Essential features of the product or service
The main features of the product and / or service can be found in the item description and the supplementary information on our website.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are 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 designated button on our website, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
7. Legal warranty rights for goods
7.1. The legal regulations apply.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.