Terms of service

General Terms and Conditions and Customer Information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Alexander Dressel) üvia the Internet site https://jellyfish-farm.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that may be used by you is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the course of his or her own professional or commercial activities.
§ 2 Formation of the contract

(1)The subject matter of the contract is the sale of goods .

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract üvia the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the shopping basket using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the function "backücquot; of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and Übermittlung of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods
offered.
(1) Payment üvia Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna in each case:

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  • Invoice: The payment period is 14 days from the dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. You can find the complete billing conditions for the countries in which this payment method is available here: Germany, Österreich.
  • Instant bank transfer: available in Germany and Austria. Your account will be debited immediately after placing the order.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

You can find more information and Klarna's terms of use here. For general information about Klarna, please here. Your personal data will be treated by Klarna in accordance with the applicable data protection provisions and as specified in Klarna's data protection provisions.

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You can find more information about Klarna here. You can find the Klarna app here.

§ 4 Retention of title, Retention of title

(1)You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following applies in addition:

a) We shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the goods subject to retention of title, pledging or provision of security shall not be permissible.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) 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.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Gewährleistung

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
In the event of defects, we shall, at our discretion, remedy the defect by repair or replacement.

If the remedy of the defect is unsuccessful, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, insofar as the transport does not correspond to the intended use of the goods.



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- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary manner of use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with defect rights.
§ 6 Choice of law

(1)  German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of validity).
(2)  The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.





II. Customer information

1. identity of the seller

Alexander Dressel
Nicolaus-Groß-Straße 6
36093 Künzell
Germany
Phone: 015223480828
E-mail: webshop@jellyfish-farm.com



Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be found at https://ec.europa.eu/odr.


2. Information on the conclusion of the contract
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The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities shall be carried out in accordance with the provisions of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
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3.1 Contractual language is German .

3.2 The complete contract text will not be stored by us. Before sending the order üvia the online shopping cart system  the contract data ücan be printed out or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions of business will be sent to you again by e-mail.
3.3. in the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
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The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price.
They can be called up via a correspondingly designated button on our website or in the respective offer,
are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been agreed.


5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, e.g. customs duties. For example, customs duties, taxes or brokerage fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Costs incurred in the transmission of funds (&transfer or exchange fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to youare shown under a correspondingly designated button on our website or in the respective offer
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5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are immediately due for payment.
6. Terms of delivery

<6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
<6.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment shall only pass to you when the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.


If you are an entrepreneur, the delivery and shipment shall be at your risk.

7. Statutory liability for defects

The liability for defects shall be governed by the provision on warranty in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/en/services/legal-safety/agb-service.

Last update: 27.10.2020