For all deliveries from Erik Martens - zoological specialist retailer (individual entrepreneur) These General Terms and Conditions (GTC) apply to consumers. A consumer is any natural person who concludes a legal transaction for a purpose which predominantly cannot be attributed to either their commercial or self-employed professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary ones General terms and conditions, the validity of which is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
When the contract with us comes into effect depends on the payment method you choose:
Payment in advance: If your order has been successfully completed, you will receive an email with an order confirmation and the necessary payment information.
PayPal: During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal.
After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Right of withdrawal Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. A revocation is not possible for live - properly delivered - goods in the form of ants. This includes feeder insects (quickly 'perishable') and especially exotic ant species. The handling of poor delivery/delivery with defects/complaints is justified under transport damage.
Prices and shipping costs
EU shipping with UPS Business We offer EU shipping (delivery time 2-4 days). We hereby offer EU residents the opportunity to purchase our goods. Shipping takes place here between Monday, Tuesday - Wednesday at the latest.
Delivery traffic
L1.) Delivery generally only takes place within the European Union with UPS. The delivery time is between 2 and 4 working days. We will point out any different delivery times on the respective product page. L2.) If a customer demonstrably delays delivery by several days without(!) having agreed a delivery date with us in advance, There is no need for a complaint regarding living creatures (ants, feeding insects,...). Objects are not affected by this. L2.1.) Especially if ant colonies (living creatures) exist over several days of the actual delivery period[*1] - without prior mention of reasons - can be postponed, for example due to specific appointments set by the customer. This does not correspond to our terms and conditions when dealing with our goods/products and must necessarily (!) be agreed upon in advance. This regulation expressly applies to all living goods; Ants, feeding insects,... A delay in the delivery by the customer of creatures in the form of insects, such as ants and feeder insects, results in the risk being transferred to the customer.
If acceptance is delayed by the buyer, the risk of damage passes to the buyer.
Payment transactions
Payment can be made either in advance or cash on delivery. If you choose the advance payment method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Retention of title
The goods remain our property until full payment has been made. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
T1.) Complaint: In the event of a complaint regarding live goods (ants, feeding insects,...) After the contract and invoice have been concluded (full payment), we undertake to comply with our advertisement to deliver appropriate quantity. We always meet the 'framework' of every delivery and thus correspond to our quality class.
Due to dubious experiences and scams, especially via trading platforms and Discord channels, We have once again secured ourselves for future business, which we will show you using the following examples: Practical example 1.) A queen with 5-10 workers with brood I -> A fertile queen (Gyne) is delivered according to the general conditions. and 5 to 10 workers (individuals), as well as brood. An inadmissible complaint is therefore the following reasons (explicitly): Complaint request 1: "A queen, brood, but only 5 workers were delivered" ➥ Reason: The scope of delivery fully corresponds to the frame of the selected size of the respective goods. Complaint request 2: "A queen, 5-10 workers, but only a certain type of brood were delivered" ➥ Reason: The scope of delivery fully corresponds to the frame of the selected size of the respective goods. Addition: Depending on the season and the size of the colony, there can be different forms of each stage of a species - Explanation: Formica fusca will always have a relatively uniform breeding stage. Complaint request 3: “Too many workers were delivered” ➥ Reason: The scope of delivery fully corresponds to the frame of the selected size of the respective goods. Explanation: Depending on the number of broods, it is possible that additional individuals will hatch during the packaging and shipment period. Complaint request 4: “Dents in pupae, dead brood” ➥ Reason: The scope of delivery fully corresponds to the frame of the selected size of the respective goods. Explanation: Depending on the number of broods, it is normal for dents to appear in pupae or for some of the brood to die due to shipping. As a rule, however, this does not happen and therefore does not constitute a reason for a complaint as long as no further losses of individuals, especially the queen, can be identified.
Practical example 2.) Complaint request 5: "The ants do not correspond to the picture and are darker" ➥ Reason: The images are created at different times of the day and using a variety of means. Image editing takes place to a small extent, to increase scaling and image sharpness. The incidence of light naturally highlights color nuances more clearly. We strive to produce images and video material that are as practical as possible. The sharper the macro shot is, the more it will actually differ from the delivered product - due to the natural factor of individual eyesight and perception, as well as other factors such as light incidence/shading and angle. Therefore, a complaint due to an optical deviation (not a species deviation, e.g. Lasius niger, Lasius flavus) is not possible. If you are not satisfied with the visual appearance of a species as delivered, please write us a polite and properly written email. Contact: kontakt@antbaron.eu
T2.) Complaint: In the event of a complaint regarding non-living goods (nests, accessories, apart from food insects,...) According to the General Terms and Conditions, the legal and other provisions apply depending on the item and item description. The focus here is particularly on nests: an external complaint due to minimal air pockets is not a reason for a complaint, as it is a manufacturing process that is subject to natural circumstances and reactions. If a nest is delivered defective, you of course have the right to make a complaint. A new nest is usually delivered at short notice.
General complaint information: In your own interest, please remember to provide proper photo evidence for every complaint. We will not respond to purely written complaints without photo evidence, as we have no evidence of actual fault.
Warranty and Guarantees Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop. • as far as the scope of application of the Product Liability Act is open. • within the scope of a guarantee promise, if agreed • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations) • in the event of intentional or grossly negligent breach of duty or fraud • in the event of injury to life, body or health The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. Unless expressly agreed otherwise below, the statutory liability law applies.
Liability We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents • in the event of injury to life, body or health • in the event of intentional or grossly negligent breach of duty • in the case of guarantee promises, if agreed, or • as far as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.
Dispute resolution The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. To resolve disputes with consumers, we are prepared to participate in a dispute resolution procedure before a consumer arbitration board The responsible consumer arbitration board is: Universal Arbitration Board of the Federal Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. In order to resolve the disputes mentioned, we will take part in a dispute resolution procedure before this body. Alternatively: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations that arise from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board
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