General Terms and Conditions of Business
The following conditions of sale apply to all contracts on the delivery of goods and other services entered into by Panta Rhei GmbH - Internetshop, hereinafter referred to as the Seller, and the customer, hereinafter referred to as the Buyer.These also apply to all future business relations, even if they are not expressly agreed upon again. The Buyer's conditions to the contrary that are not expressly acknowledged by the Seller are not binding for the Seller, even if the Seller does not expressly reject such conditions.
Offers and conclusion of contracts
As a general rule the Seller's offers are subject to change without notice and non-binding unless the Seller has expressly described such offers as binding.
The product descriptions stated on the website are merely examples pictures which, in particular in the case of living animals need not correspond with the actual appearance of the products. We reserve the right to technical changes and changes in form, colour and/or weightas part of acceptable changes.
The Seller shall confirm receipt of the Buyer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contractual offer by the supplier. It is merely intended as information for the customer stating that the supplier has received the order. A statement on the acceptance of the contractual offer shall be made by delivering the goods or an express declaration of acceptance.
The prices are binding at the time an order is placed. All prices include the statutory value added tax.
The purchase price is to be construed plus a flat-rate shipping charge that shall be displayed before the order is placed. In the case of orders with a value below € 10, a minimum order surcharge of € 4.50 shall be imposed. There is no minimum order quantity.
Payment may be made in advance or via Paypal.
The goods shall remain the Seller's property until payment in full, and are therefore subject to reservation of title.
Delivery and delivery times
Solely the Seller shall choose the delivery agent. All invertebrates shall only be shipped in accordance with the statutory provisions by an animal courier certified in that respect.
The Seller shall normally deliver the ordered products to the Buyer within a period of two to five workdays. Delivery dates are only binding if the Seller has confirmed them beforehand in writing. Delivery delays that are not the Seller's responsibility (strikes and thunderstorms etc.) do not justify any delay but rather extend the delivery period for the duration of the obstruction.
The Seller is entitled to carry out partial delivery and render partial services at any time insofar as this is acceptable to the Buyer. Subsequent deliveries shall be free of shipping charges for the Seller. The Buyer shall be informed without delay should a product be unavailable.
Live animals shall be shipped Tuesday and Thursday. Other goods shall be shipped from Monday to Thursday. For logistical reasons the shipping of live animals and other goods cannot be combined. In such a case the Buyer shall only pay the freight cost of shipping live animals. We do not ship on public holidays and one day before public holidays. Goods/animals are only shipped if weather conditions permit shipping without risks, and temperatures are not below 2° Celsius or above 30° Celsius. Solely the Seller shall make a decision on shipping.
The shipping prices stated in the shop apply solely to shipping in the Federal Republic of Germany. For shipping to other countries customers are requested to inquire prior to purchase, and have suchshipping abroad confirmed by the seller.
The customer's warranty rights are based on the general statutory requirements insofar as nothing to the contrary is specified below. The provision in § 6 of these General Terms and Conditions of Business applies to the customer's claims for damages.
The period of limitations for the customer's warranty claims is 2 years in the case of consumers and newly manufactured items, and 1 year from delivery of the goods for used items.
As a general rule by law live animals are considered used item that may contain visible or hidden defects. Live animals with regenerating defects in limbs and healing or healed wounds are not deemed defects. This also includes internal parasites that cannot be identified by the Seller. The Seller cannot accept any liability for internal diseases.However, only animals that appear to be visibly healthy are sold.
In the case of animals for which an option of choosing the sex applies, the animals shall be assessed according to our best knowledge and belief. However, no guarantee is given in this respect.
Following receipt of the animal, the risk of loss or deterioration of the animal(s) passes to the Buyer. The Seller does not accept any liability for damage caused by improper keeping, inappropriate accommodation, wrong socialisation, wrong temperature or wrong food outside the Seller's area of influence.We presume the Buyer has at his disposal adequate information about conditions for keeping the respective animal.The recommendations by the Seller in respect of keeping an animal do not claim to be exhaustive, and do not release the Buyer from his obligation to obtain information.
Claims for damages and further-reaching claims on the part of the Buyer, in particular regarding consequential harm caused by a defect, are excluded insofar as they are not attributable to errors from characteristics warranted by the Seller. The Buyer is to look after each animal following receipt by way of appropriate quarantine to avoid a detrimental effect on other animals. The exclusion does not apply in the case of intent, gross negligence, violation of key contractual obligations on the part of the Seller or lacking written warranted characteristics.
Special notices on the guarantee for live animals during transport. It is only natural that in rare cases animals will not arrive at the Customer in perfect condition following transport or will not survive the transport. In such a case the Seller cannot provide any guarantee in the form of reimbursement or replacement. The customer's account shall be credited in the case of animals that are injured or dead on arrival and can be set off against the next purchase. To process such a complaint customers are requested to photograph the animals about which a complaint is being made, and send these to the Seller (e.g. by e-mail) or to return the animals about which a complaint is made frozen. Complaints must be made within 24 hours of delivery.
If delivery is not possible on the planned delivery date for reasons that are Buyer's responsibility, any warranty for live animals shall expire. This includes faulty delivery due to an incorrect or incomplete address and a lacking telephone number.
The Buyer is not provided with guarantees by the Seller in a legal sense. Third party guarantees (performance promises by manufacturers to customers) do not justify any obligation to perform on the part of the Seller. The customer therefore undertakes to create the preconditions at his own cost for exercising the claims resulting from the guarantee.
Claims for damages by the customer are excluded insofar as nothing to the contrary is specified below. The above liability exclusion also applies in favour of the supplier's legal representatives and vicarious agents insofar as the customer lodges claims against these.
Claims for damages based on the loss of life, physical injury or detrimental effects on health and claims resulting from the violation of key contractual obligations do not apply to the liability exemption in paragraph 1. Key contractual obligations are those that are required to achieve the object of the contract, e.g. the supplier is required to hand-over to the customer the item free of material and legal defects, and to obtain ownership of such an item. Furthermore, liability for damage attributable to intentional or gross negligent violation of an obligation on the part of the supplier, its legal representatives or vicarious agents is also excluded from the liability exemption.
This does not affect the requirements of the German Product Liability Act (ProdHaftG).
The Buyer has the option to cancel the contract within two weeks without stating reasons for such action insofar as he is not acting in a commercial sense or is not self-employed (order by merchants). The period shall commence at the earliest upon receipt of the goods and comprehensive cancellation instructions in text form. The cancellation is to be made in writing, text form or by returning the goods to the Seller. To satisfy the withdrawal period, sending the withdrawal or returning the item in good time shall suffice. The cancellation is to be sent to:
Panta Rhei GmbHManaging Director: Matthias KähligLangen Hop 5D-30900 Wedemark
This cancellation right does not apply to contracts
- on the delivery of goods that we have manufactured on the basis of your specifications or those that are clearly geared towards the customer's requirements, and on the basis of their quality are not suitable for returns or may perish quickly (e.g. animals and plants) or their use by date has expired;
- on the delivery of audio and video recordings insofar as the customer has opened the seal;
- on the delivery of books, magazines and periodicals.
Attention is brought to the fact that all personal data required to execute the order shall be stored and treated in confidence. Data such as names and addresses required to process an order shall be forwarded to the company entrusted with the delivery as part of carrying out the delivery. The forwarding of such information that extends beyond this - in particular to third parties - does not apply. That data shall be deleted at the customer’s request.The forwarding of information, notices or messages (including in excerpts), which customers receives and which are created by the seller or its system is only permitted following express approval by the customer.
Final provisions / safeguarding clause
The law of the Federal Republic of Germany is deemed applicable. The provisions of the UN Convention on Contracts for the International Sales of Goods do not apply.
If the Buyer is a merchant, Hanover is deemed the sole place of jurisdiction for all disputes resulting from this contract. The same applies if the Buyer does not have his general place of jurisdiction in Germany or whose place of residence or habitual abode are not known at the time an action is brought.
In the event that individual provisions of the contract entered into with the Buyer, including these General Terms and Conditions of Business, are or become wholly or partially invalid, this shall not affect the validity of the other provisions. A wholly or partially invalid regulation shall be replaced by a regulation whose economic success comes closest to that of the invalid regulation.