Hotline: Tel.: ++49 30 766 870 51 offline

Right of withdrawal and general terms and conditions

Right of withdrawal and general terms and conditions
Right of withdrawal, general terms and conditions and obligatory information for privat individuals (end consumer) from ANTSTORE.

The withdrawal instruction can be found in §3 and the warranty regulations in §9 of the general terms and conditions.

Vendor:
ANTSTORE
Martin Sebesta
Selerweg 41
D- 12169 Berlin

This adress acts also as adress of service.

§1 General
(1)These general terms and conditions apply for business relations between Martin Sebesta, acting under the name of the company ANTSTORE, Selerweg 41, 12169 Berlin (called “Antstore” in the following) and the customer (end consumer). Terms that are contrary to the general terms and conditions or differ from them are not accepted by Antstore and are revoked explicitly.
(2)Antstore has the right to alter or change the general terms and conditions including all optional appendices within an appropriate time-limit. For contracts that are made before that change the general terms and conditions of that time form the basis of these contracts.


§2 Conclusion of the contract
(1)The catalog of goods  on this website is no binding offer in a juridical meaning, but is an invitation to the customer to make a binding offer (so called invitatio ad offerendum). The customer´s order is an offer to closure the contract between Antstore and the customer. After receiving the customer´s offer, Antstore confirms the reception of this offer by sending an automated confirmation email. This confirmation email lists all the details of the order. It represents the acception of Antstore to the customer´s offer.
(2)Before finalizing the order Antstore allows the customer to check the order for it´s correctness especially price and quantity. Corrections can be made with common mouse and keyboard functions.
(3)Antstore has the right to send goods that are equal in in quality and price if the ordered good is not available, it is reasonable for the customer and the customer agreed to this method in the ordering form.

§3 Withdrawal instructions
You have the right to withdraw the contract with Antstore under the following conditions if the contract was distance selling (that is email, telefon, fax or internet) : Can you give us the performance received and benefits (eg usage advantages) or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary.


Right of withdrawal
You can withdraw the contract within 14 days in written form (e.g. letter, fax, email), without giving reasons, or – if the goods have been given to you before the expiry of this period – by sending the goods back. The respite starts with the reception of these instructions in written form but not before receiving the goods and not before fulfilling our obligation according to  entry 246 §2 in relation with §1 para. 1 and 2 EGBGB and §312e para. 1 clause 1 BGB in according with entry 246 §3 EGBGB. To comply with the time limit the punctual dispatch meets the requirements. The withdraw has to be directed to:

ANTSTORE Martin Sebesta
Selerweg 41
D-12169 Berlin
Fax: ++49 (0) 30 766 870 54
Email: verkauf(at)antstore.net

Cancellation consequences:
In case of a valid revocation of this agreement each party shall return to the respective other party the benefits received. In case you cannot return the received benefits in parts or completely or only declined, the loss has to be compensated. Transportable goods will  be returned at our  spaced cost and risk if the price of the goods doesn´t exceed 40 Euro neither do we pay for the shipment if the price of the goods exceeds 40 Euro but the client has not payed yet . All other goods will be picked up at your place.
The obligations to refund the payment have to be fulfilled within 30 days. This time limit starts the day we receive the revocation or the goods you send us.
End of withdrawal instructions.

There is no right to withdraw for delivered goods mentioned in §312 d para. 4 BGB. Among others these are:
-Goods that are custom made with the clients specifications or have especially been customized to comply with the clients needs or due to its nature cannot be sent back or go bad  quickly or its expiration date has been exceeded.

-Audio and video recordings or software, if the data medium has been unsealed as well as consumption items as for example lamps

-newspaper, journals and magazines.

§4 prices
(1) The catalog prices that are displayed online on our website at the moment of the order are the ones that apply.
(2) The prices include VAT but not packing charges nor shipping costs. The packing charges and shipping costs are shown explicitly at the end of the ordering process and before finalizing the order.
An overview of the shipment costs can be found under the navigation point „Shipping & Returns“.
(3) Orders can only be made in the standard currency which is „EURO“. Other currencies are only shown to give a rough idea. We don´t guarantee updated exchange rates.

§5 contract acomplishment
(1)The availability of the goods is shown directly with the item itself. Goods that are instantly available will be forwarded to the delivering parcel service within 10 working days after receiving the payment. If the items are not instantly available they will be forwarded to the delivering parcel service within 10 working days after receiving the payment and the items are available. No order will be sent on saturdays.
(2)Changes, alterations, limitations of orders
Antstore will answer customer requests about already made orders regarding changes, alterations and limitations on short notice. If the cutomer whishes to change, alterate or limitate an order before the shipment, Antstore will try to recpect these requests if possible. For these changes regarding order, adress, complements and cancelation after receiving the payment, Antstore charges a 2,50 Euro service fee including VAT.
(3)If the customer schedules the shippment of animals, Antstore will charge 0,50 Euro/day (care costs) including VAT  from the day of the order till the day of the shipment.

§6 Service hotline
Antstore provides a service hotline for all questions regarding Antstore products. This hotline is available from monday to friday from 9 a.m. to 4 p.m..
Antstore will inform the customer again about this hotline on the invoice.

§7 Conditions of payment
(1) The following payment methods are available:
- advance payment
- DIRECTeBanking
- PayPal
- Credit card
(2) The customer receives an invoice with the delivery.
(3) For each payment method there can be where applicable extra fees which are shown at the end of the ordering process before finalizing it. These can be found at the navigation point „Shipping & Returns“, (4.) Payment.

§8 reservation of proprietary rights
The delivered goods remain property of Antstore until the payment is completed.

§9 Guarantee and liability
(1) The guarantee acts strictly in accordance with lawful regulations.
(2) The customer informs Antstore immediatly about defect items and sends it to Anstore at Antstore´s cost.
The liability is in accordance with §§ 434 and the following.
The general statue of limitation for defects of goods and titles is, differing from §438 para. 1 no. 3 BGB, one year beginning from the day of the delivery. The statue of limitation of the product liability act remains always untouched.
The liability of Antstore for contractual violation of obligation as well as for delict  is limited to intent and gross negligence.
Exclusion or limitation of liability is excluded for damages that result into harm of life, body or health. Also excluded are titles based on damages caused by delay (§286 BGB) from the product liability act, guarantees or violations of  essential contractual obligation. In this respect Antstore is reliable for all degrees of default
(4) All advices regarding the keeping of the ants and species definition are made to the best of our knowledge. Antstore doesn´t guarantee the correctness of the information.

§10 Responsibility
It can´t be ruled out that living animals can cause damages or transmit diseases (special risk for allergic persons). If an exotic species escapes from its intended facility, then a pest exterminator has to be informed about this. Antstore does not take responsibility for consequential damages, except the ones that are caused due to gross negligence of Antstore.
To avoid  harming domestic and non domestic fauna, Anstore asks you not to free animals that you bought from Antstore into nature. Antstore  provides a free service to take back old colonies and refunds the postal rate.
Note: To free animals into nature a goernmental permit is necessary!

§11 Data protection
(1)According to §28 Bundesdatenschutzgesetz (BDSG), §§14, 15 Telemediengesetz (TMG) Antstore points out that data that is necessary for the business transaction in the sense of §28 BDSG, §§14, 15 TMG is processed and stored with an electronic data processing system. These data will only be used for the business transaction between Antstore and the customer. These are the registration data and the data about the ordered goods.
(2)This information is always available on the website of Antstore under the navigation point „General terms and conditions“.
(3)All customer data will be processed, stored and in due time deleted by Antstore considering relevant laws and regulations especially the „Bundesdatenschutzgesetz (BDSG)“ (federal data protection act) and the „Telemediengesetz (TMG)“ (tele-media act).
(4)The customer has the right to get free information, to correct data and have his/her data deleted according to §§34, 35 BDSG, 13 para. 7 TMG. The information can be given electronical if the customer demands  so.  The customer can withdraw the agreement to store his/her data for the future at all time according to §13 para. 2 no. 4 TMG.

§12 Obligatory information according to distance selling regulations
(1)The text of the contract and the general terms and conditions are not beeing stored by Antstore. The customer gets the general terms and conditions that apply to the order by email or can store them or print them out by using the web-browser.
(2)The price listed by each item is the final price including VAT plus shipping and handling.
(3)The language of the contract is german.

§13 Cost paying agreement about costs for returning goods in case of revocation
If the customer exercises his/her right of withdrawal he/she has to pay for the shipment costs if the goods comply to the ordered ones and the price of the returned goods  doesn´t exceed 40 Euro or if the price exceeds the 40 Euro but at the time of the revocation hasen´t yet payed for the goods. Otherwise the returning of the goods is free for the customer.

State of the general terms and conditions: october 2010

Original german version of these general terms and conditions generated by:
RAin Astrid Hilgemann, Sembritzkistr. 4, 12169 Berlin


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