GENERAL TERMS AND CONDITIONS

General Terms and Conditions MICA-Koi

Admannshagen 23.11.2019

1. Shipping Koi

The shipment of live animals at the indicated price is only possible within Germany. Delivery to other countries such as Austria or Switzerland is also possible, but only by separate arrangement. 

 

2. Scope

  1. The following conditions apply to all contracts, deliveries and other services concluded with MICA-Koi. These Terms and Conditions apply exclusively.  
  2. If the buyer does not agree with the validity of the GTC, he must immediately point out this in a special letter.In this case, we reserve the right to withdraw the order without any claims of any kind. 

3. Contract conclusion / reservation

  1. The presentation of the MICA-Koi product range is not a legally binding offer, but a non-binding catalogue. The order from this range does not yet result in a conclusion of the contract. 
  2. By sending the information to be completed in full in the order form, the customer declares binding his contract offer with regard to the products he/she has requested. 
  3. MICA-Koi is entitled to accept the contract offer contained in the order within 14 working days of receipt by MICA-Koi. The declaration of acceptance to the customer is made by dispatch of the goods. 
  4. The conclusion of the contract is subject to the availability of the ordered goods. In the event of incorrect or incorrect self-delivery, delivery will not take place or will only be partially delivered. In the event of unavailability or partial availability of the service, the customer will be informed immediately. Any advance payments made will be refunded to the customer immediately. 
  5. The reservation of live fish at MICA-Koi is binding after 14 days and the total amount in case of non-collection or late withdrawal is then due immediately. Any down payments will be withheld and non-refundable by MICA-Koi. Purchased koi, which have not been collected after 6 months ( invoice date ), will be transferred back into our property regardless of whether a payment has been made. We have the right to sell uncollected koi to a third party. A refund of the purchase price will not be granted.
  6. Deviations between order and delivery shall be notified to MICA-Koi at the latest after receipt of the delivery by the customer.

Return instructions 

The right of return does not exist in the case of contracts for the supply of live animals. 

 

4.  Prices, due date, payment and delay

  1. All prices stated in the MICA-Koi online shop are in Euros including the statutory value added tax. Shipping costs and packaging will be charged separately according to effort. You can see the corresponding costs in the order overview before your order. The invoice amounts are payable: 
    – in advance to: MICA-Koi Commerzbank IBAN: DE42 1304 0000 0156 7080 00 Swift/BIC :COBADEFFXXX – by cash on delivery, payment by delivery  
    – by invoice/direct debit (reseller only)
  2. Without any other agreement, all INvoices from MICA-Koi are due for payment on the date indicated on the invoice without deduction. In the event of a delay in payment by the customer, MICA-Koi is entitled to charge default interest in the statutory amount. 
  3. If the customer has ordered by cash on delivery and does not accept the goods, the fish farm MICA-Koi may demand the resulting (freight) costs. If the customer does not accept parcels sent by cash on delivery that contain live animals, MICA-Koi may claim the damage of the goods in full in addition to the freight costs incurred. 

5. Ownership

  1. The goods remain the property of MICA-Koi until full payment has been made.
  2. In the case of live animals, MICA- Koi reserves the right to charge the customer all related costs (transport, treatment, quarantine, electricity, water, feed, etc.) until resale when the live fish are returned. 

6. Delivery, delivery time, transfer of risk

  1. Information on delivery dates and delivery times is non-binding, unless we have agreed to them in writing. Delays in delivery, which are not our responsibility, do not constitute a delay but extend the delivery period for the duration of the hindrance. 
  2. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall also pass on to the consumer upon handover at the time of the purchase of the goods. In the case of contractors, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the trader upon handover to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The handover is the same if the customer is in default with the acceptance of the goods. 

7. Warranty and Liability

  1. Consumers have the choice whether the subsequent performance should be carried out by repair or replacement delivery.  MICA-Koi is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, MICA-Koi first has the choice to guarantee defects of the goods by rectification or replacement delivery.  Excluded are live animals.
  2. If the subsequent performance fails, the customer may, at his option, demand a reduction in the remuneration, cancellation of the contract or compensation instead of performance. If the customer chooses damages instead of performance, the limitations of liability apply.  Excluded are live animals.
  3. Consumers are obliged to inform MICA-Koi in writing of obvious defects within a period of three days after receipt of the goods of any defects found. 

8. Special features of the guarantee for live animals

  1. In general, live animals must be regarded as a second-hand item which may have obvious or hidden defects. Because of the nature of the matter, we can be liable for diseases and not.
  2. Within Germany, we guarantee a live arrival in vertebrates, provided that there is no fault of the carrier. Upon receipt (signature with the freight forwarder ) the risk of loss or deterioration of the goods ( Koi ) passes to the buyer. Complaints due to transport damage must be reported immediately. In the event of damage, you have this noted on the freight documents, you issue by your signature without a note, i.e. the customer has confirmed the integrity of the goods, (no insurance occurs any more). In the case of complaints, only compensation is granted to the value of the fish(s). Freight costs are not eligible for replacement and are therefore always at the customer's expense and risk. With the specified sizes there may be fluctuations of +/- 10%, color changes are also possible, this is not a reason for complaint. Errors and intermediate sale reserved
  3. The warranty for occurring diseases etc. is excluded. Any warranty expires if our fish have come into contact with water of other origin in the basin, pond, etc. This applies in particular to bacterial infections, parasites, KHV.  A negative KHV result on our part does not 100% rule out the possibility that individual cases may occur. In this case, each customer is responsible, this also applies to all other diseases, so that a quarantine of at least 6 weeks is advised! There is no legal claim! (Our fish come from our circulatory system and are tested several times a year for parasites, KHV and bacteria) We assume no liability for the old and new stock of your fish. When buying fish at the MICA-Koi site, the risk of loss or deterioration of the goods passes to the buyer after leaving the property MICA-Koi, and are deemed not to be objected to.
  4. Animals complained of are koi who are dead on arrival. These koi can then be complained about. A prerequisite for this is the note on the freight documents . To do this, send an e-mail within 24 hours of arrival informing us which fish are involved. Complaints received after 24 hours are excluded. There is a warranty period of 24 hours on live Koi. Basically, you need to send us a photo (digital) of the dead fish in order to make a claim. To store (freezing) appropriately for a possible visit. The seller may request an image document for the defects or the return.
  5. There is an obligation on the buyer to prove that the defect of the animal already existed at the time of the transfer of risk.

9. Force majeure

  1. In the event that MICA-Koi is unable to provide the service due due to force majeure, it shall be exempt from its obligations to perform for the duration of the hindrance.  If MICA-Koi is unable to execute the order or delivery of the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract. 

 

10. Data protection

  1. MICA-Koi uses the personal data from the contractual relationship only for the purpose of contract processing. This data is stored permanently. The customer data will only be made available to authorized persons within the company. Further use is excluded. 
  2. The transfer of customer data is permitted if the customer does not fulfil all or part of his obligations under the contractual relationship. The temporary transfer of customer data to Creditreform for the purpose of verification is permitted at any time. In the event of a delay in payment, the permanent transmission of all contract data of the transaction is permitted.

11. Court of jurisdiction

  1. The place of performance and place of jurisdiction is Rostock for both parties. By placing an order or purchase, these terms and conditions are accepted. Our terms and work bouts are part of any contract, reservation, etc. with MICA-Koi.

12. Right of withdrawal

  1. You have the right to revoke this contract within fourteen days without giving any reason. 
  2. Should Koi be purchased and paid, the withdrawal period of 14 days begins with the submission of the invoice (invoice date) to the buyer. It is also not possible to recall and exchange a koi if the Koi has already been in the customer's holding basin for reasons of epidemic law.
  3. Holding your purchased Koi by MICA-KOI
    If you are unable to purchase the purchased Koi immediately, we shall, at YOUR EXPRESS request and YOUR sole risk, keep the purchased Koi for the agreed time. Should a loss or illness of your purchased Koi arise during this time despite the best holding, you may receive a similar replacement Koi of your choice from our assortment after examination of the individual case, a refund of the purchase price is in no case possible.
  4. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must

MICA-KOI, Mirco Wiechoczek , Mitteldorf 16 , 18211 Admannshagen, Germany

Phone Number: 01628928045

E-mail address: info@mica-koi.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.  If you make use of this possibility, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; Under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract.

The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to contracts for the supply of goods which are prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, for the supply of goods which may spoil or whose expiry date would be quickly exceeded, for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, for the delivery of goods, if they have been inseparably mixed with other goods after delivery on the basis of their nature.

In the case of medicine, feed and goods with an expiry date, the exchange is excluded.

Koi are generally excluded from the right of withdrawal.

MICA-Koi Mitteldorf 16 D – 18211 Admannshagen Owner Mirco Wiechoczek Phone 0162 – 89 28 045 E-mail info@mica-koi.de