Terms and Conditions

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 provider (Japan-Koi Wild GmbH) via the website japankoi-wild.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership that acts when concluding a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

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

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary. 
 
Before submitting the order, you have the opportunity to check the information in the order summary again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs" or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. Any services already provided will be refunded immediately in this case.

(4) Your requests for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is indicated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have stored with us is correct, that the receipt of emails is technically guaranteed and in particular not prevented by SPAM filters.

§ 2a Additional Provisions for Koi Auctions

(1) Scope of Application
These additional auction conditions apply to all Koi auctions on our website. They supplement the other General Terms and Conditions. In case of conflicts, these auction conditions shall take precedence for the auction process.

(2) Participation and Registration
Only registered users can participate in Koi auctions. Prerequisite is a personal customer account with correct details of name, address and email address. Minors are excluded from participation. The passing on of access data as well as bidding via third-party or multiple own accounts is not permitted.

(3) Auction Presentation
Each auction lot is presented with images, description, starting price, current visible price, duration and the essential Koi data. Information on size, age, sex, variety, breeder and quality is provided to the best of our knowledge and based on available information. Minor deviations, especially in live animals, are reserved insofar as they do not significantly affect the agreed condition.

(4) Bidding Increments and Maximum Bid
Bids can only be placed in the increments specified on the website. Unless otherwise stated, the bid increment is 10.00 euros. The bidder can submit a maximum bid. The system automatically increases the visible price only as far as necessary to outbid the next higher valid bid by one bid increment. The stored maximum bid remains invisible to other bidders.

(5) Binding Nature of Bids
By submitting a bid or maximum bid, the bidder makes a binding purchase offer for the respective auction lot. A submitted bid cannot be freely withdrawn afterwards. If the bid is outbid by a higher valid bid, the binding shall expire in this respect.

(6) Successful Bid and Conclusion of Contract
The successful bid is awarded to the bidder who has placed the highest valid maximum bid by the end of the auction. If two equal maximum bids exist, the earlier valid bid takes precedence. The purchase contract is concluded with the successful bid. The subject of the contract and the purchase price result from the auction lot and the visible successful bid price automatically determined at the end of the auction, not necessarily from the stored maximum bid.

(7) Duration, Server Time and Technical Display
The time processed on our server is decisive for the start, end and receipt of a bid. Countdown displays on end devices are for orientation purposes and may deviate due to internet connection, browser cache or technical delays. A bid is only valid if it has been completely received by us before the end of the auction.

(8) Notification, Payment and Delivery
The winner will be informed of the successful bid after the auction ends by email and/or in the customer account. The successful bid price is due for payment after invoicing or payment request, unless otherwise agreed. Collection, holding, shipping and handover of live Koi will be coordinated personally. Shipping will only take place if temperature, transport route, health condition of the Koi and legal framework conditions allow it.

(9) Availability and Health of the Koi
Koi are living animals. Should an auction Koi become ill, die, not be fit for transport or cannot be handed over for any other important reason before handover, we will inform the winner immediately. Payments already made will be refunded in this case, unless a mutually agreed replacement solution is agreed. Further statutory claims remain unaffected.

(10) Prohibited Use and Exclusion
Manipulative bids, automated bidding programs, sham offers, bidding via multiple accounts, false registration data as well as non-acceptance or non-payment of a Koi that has been awarded can lead to exclusion from current and future auctions. Contracts already validly concluded remain unaffected.

(11) Cancellation or Correction of an Auction
We reserve the right to cancel or correct an auction before the successful bid if there is an obvious input, price, image or description error, the Koi is no longer available or not fit for transport, a technical error significantly impairs the proper course of the auction, or a legal or animal welfare reason prevents it. Bids already placed on a cancelled lot will not be considered further in this case.

(12) Data Protection in Auctions
We process bidder data for the execution, documentation and processing of the auction. Only the information required for the course of the auction is publicly visible, in particular current visible price, duration and bid status. Names, contact details and maximum bids of other bidders are not publicly displayed. Further information can be found in our privacy policy.

(13) Right of Withdrawal
Any statutory right of withdrawal is governed by our separate withdrawal policy. These auction conditions do not restrict mandatory statutory consumer rights.

§ 3 Customized Goods

(1) You shall provide us with the necessary suitable information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Any specifications we provide regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also includes the costs of legal representation required in this context.
 
(3) We do not review the transmitted data for accuracy of content and assume no liability for errors in this respect.

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Payment is made to Klarna respectively:

• Sofortüberweisung ("Pay Now")

Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) SEPA Direct Debit 
When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.

The direct debit will be collected within 5-10 days after conclusion of the contract.

The period for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a chargeback due to your fault, you shall bear the resulting bank fee.

§ 5 Right of retention, Retention of title

(1) You may exercise a right of retention only 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 a business, the following applies in addition:

a) We retain title to the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of title to the goods subject to retention of title, pledging or security transfer is not permitted.

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 value arising from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not duly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of connection and mixture of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed objects at the time of processing.

d) We undertake to release the securities due to us upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage 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 a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed thereof by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are a business, the following applies deviating from the above warranty provisions:

a)  Only our own information and the product description of the manufacturer shall be deemed agreed as the condition of the goods, but not other advertising, public commendations and statements by the manufacturer.

b)  In the event of defects, we shall, at our option, provide warranty by repair or replacement. If the defect remedy fails, you may, at your option, demand a reduction or withdraw from the contract. The defect remedy shall be deemed to have failed after a second unsuccessful attempt, unless otherwise results in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we are not obliged to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided the moving does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

– for damages caused by fault attributable to us from injury to life, body or health and for other damages caused intentionally or with gross negligence;
– insofar as we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
– for items that have been used for a structure in accordance with their usual use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with defect rights.

§ 7 Choice of law, Place of performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all obligations arising from the business relationship with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a public-law special fund. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before a court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. Customer Information

1. Identity of the Seller

Japan-Koi Wild GmbH
Weipertshoferstr. 10
74597 Stimpfach-Rechenberg
Germany
Phone: 079676548
Email: info@japankoi-wild.de

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the provisions 'Conclusion of the Contract' of our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the browser's print function or saved electronically. After receipt of the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices stated 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 applicable shipping costs are not included in the purchase price. They can be accessed 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 shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you. 

5.4. Incurred costs of money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

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, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless 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 another person designated to carry out the shipment.

If you are a business, delivery and shipment are at your own risk.

7. Statutory Liability for Defects

Liability for defects is governed by the 'Warranty' provision in our General Terms and Conditions (Part I).

These Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.