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 a provider (Ioannidis SpiderwebZ GbR) via the Internet site www.spiderwebz.eu. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.
(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to his commercial nor his independent vocational activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject 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 via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page 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 overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or 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) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. 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 Term of Contract / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us shall have the term stated in the respective offer. A term of more than 2 years cannot be agreed.
(2) The contract ends automatically at the end of the term; no notice of termination is required.
(3) The right to terminate without notice for good cause remains unaffected.
(4) Any termination must be in text form (e.g. e-mail).
§ 4 Special agreements on payment methods offered
(1) Credit assessment
If we make advance payments, e.g. payment by invoice or direct debit, your data will be passed on to Klarna GmbH, Theresienhöhe 12, 80339 Munich, Germany, for the purpose of credit assessment on the basis of mathematical-statistical methods in order to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: the payment term is 30 days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order. The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of address and credit assessment within the framework of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna App here (https://www.klarna.com/de/klarna-app/).
§ 5 Right of retention, retention of title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) The statutory rights of liability for defects shall 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) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Disclaimer
Shipping of animals
For orders with animals (tarantulas, invertebrates) shipping is at your own risk. Ioannidis SpiderwebZ GbR will pack the animals very carefully and securely enough so that they are well and arrive alive, but do not give any life arrival guarantee and cannot offer any compensation. We recommend DHL Express and pet shipping if you want to order animals.
Consumers/customers are responsible of their delivery options and in case of deviating delivery (including in-store delivery, undeliverability and all options as mentioned by delivery services https://www.dhl.de/de/privatkunden/wunschzustellung.html).
If the customer who ordered an animal is not located in the vicinity of Germany (or in any of the neighboring countries), Ioannidis SpiderwebZ GbR reserves the right to cancel the orders that include animals.
More info about shipping animals can be found here.
Molting /size and sexing
The moult/size mentioned in the information of the animals is an approximate estimate and could differ by 1 moult/a few mm/1 instar as well. Ioannidis SpiderwebZ GbR notes all moults/sizes for each animal as precise as possible. The same is true for sexing younger animals.
The nature of the animals
Tarantulas could also bite. Their bite is poisonous. Some tarantulas might also use their stinging hairs as a defense mechanism. This could cause skin rashes or itching. Information about the type of stinging hairs can also be found under each listed in the store tarantula.
Ioannidis SpiderwebZ GbR is not responsible about the behavior of the animals.
In this case, please communicate with the poison control center of your country.
§ 8 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 state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(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
Ioannidis SpiderwebZ GbR
Nikopoler Str. 35
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "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 text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions again sent to you by e-mail.
4. essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
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 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 in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall 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 you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, 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 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you 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 any other person designated to carry out the shipment.
7. legal liability for defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
8. contract term / termination
Information on the duration of the contract and the terms of termination can be found in the regulation "Contract Duration / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information have been prepared by Händlerbund lawyers specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 01.01.2022