§ 1 General remarks
Your contractual partner for all orders within the scope of this online service is Royal Exclusiv Aquarien - Anlagenbau, Christian Walter GmbH & Co. KG, Vorgebirgsstr. 28, Wesseling 50389 (hereafter Royal Exclusiv), Germany.
All deliveries from Royal Exclusiv or her representatives to the customer are based on the following terms and conditions. All offers and agreements between Royal Exclusiv and the customer underlie these conditions and are valid for the whole duration of the business relationship. The order processing and the delivered goods ensue on behalf of Royal Exclusiv.
§ 2 Conclusion of contract
(1) The offers and goods provided on the website are a non-binding invitation for the customer to order products from Royal Exclusiv. All offers are subject to change without prior notice to the customer.
(2) By submitting the completed order form on the Internet, the customer makes a binding offer to conclude a purchase contract or contract for work and materials based on Incoterm DAP 2020.
If a different Incoterm 2020 is required, the customer shall contact firstname.lastname@example.org immediately after sending the completed order form.
The contract is only concluded after the product ordered was sent by Royal Exclusiv and the shipping to the customer is confirmed with a second email (“shipping confirmation”).
(3) The final contract is subject to the timely and complete production of the goods. The customer will be informed immediately of the unavailability of the service if the goods are not in stock. If the contribution was provided by the customer, it will be refunded.
§ 3 Shipment
(1) Delivery is within three weeks. Usually the order will be shipped within a few days. Delivery dates and times are just binding if they were confirmed by Royal Exclusiv particularly and in writing. For special designs (customize) on request, depending on production longer delivery times are possible.
(2) Including the respective INCOTERM clause 2020 mentioned in § 2, the delivery is made within the European Union. Other countries on demand.
(3) Delivery will be effected by a shipment service provider chosen by Royal Exclusiv. The customer will defray an estimated shipping cost which depends on the order value and the place of the delivery. Gladly we inform you in advance about the incurred shipping costs. Shipping is generally in parcels/packages.
(4) Please note the minimum order quantity and low order fee! Remaining pieces are enclosed by cutting. We recommend pieces of 1m cut, over 1,20m incurred very high shipping costs. Depending on the amount, shipping only on pallet possible!
(5) For End-costumers is delivery takes place within Germany from a purchase value of 300,- ¤ free shipping (excluded Dreamboxes) unless otherwise specify or is integrated into the price in advance. Shipping of Dreamboxen in wooden boxes 100cm = 78,93¤, up to 150cm = 121,04¤, from 175cm = 157,88¤.
(6) All Dreambox deliveries with forwarder companies. You will receive a separate email about the shipping costs! Outside of teh EU you have may be to pay taxes/customs fees!
(7) In the case of self pick-up the shipping cost will be canceled.
(8) Royal Exclusiv will inform the customer immediately and in writing (§ 126b BGB) if the delivery, as an exception, is not possible within the under (1) mentioned time limit of three weeks. In this case the customer has the right to withdraw, also in writing (§ 126b BGB) and immediately.
(9) Dealer/reseller note: Please contact Royal Exclusiv for exact delivery times of larger orders. Fee for pallet preparation ¤25,- (net), half pallet ¤12,50 (net) (material and labour costs).
§ 4 Costs
(1) Prices shown are final prices. They include the statutory sales tax (VAT). Shipment costs are billed and shown separately.
(2) The customer has to defray shipping which depends on the order value, the weight, dimensions and the place of delivery.
(3) After the conclusion of the contract the purchase price and shipping costs are to be paid immediately and without any deductions.
(4) Cash discount/allowance: There is not a cash discount scheme. For end users, nor for traders.
§ 5 Payment
(1) The payment has to be made either in advance, by prepayment (bank transfer), PayPal, creditcard, Direct EBanking or other payment methods such as cash payment. Royal Exclusiv reserves the right to limit the choices of payment methods depending on order value, shipment region or other objective criteria.
(2) The purchase price is payable immediately.
(3) If the chosen payment method by the customer is not feasible even though Royal Exclusiv met the contractual obligations, particularly if the debiting is not possible because of insufficient funds or because of wrong information, the customer has to refund the resulting additional costs to Royal Exclusiv or to a authorized third party.
(4) To process the payment Royal Exclusiv is entitled to use the service of trustworthy third parties:
a) Royal Exclusiv can assign her claims to a debt collection agency or hire a lawyer for the collection of the outstanding money if the customer delays the payment. Royal Exclusiv can also transfer personal data to the third party if necessary for the payment processing.
b) If a third party intervention becomes necessary, the payment in relation to Royal Exclusiv will be handled as paid if the amount is available to the third party, so that they can handle the money without restrictions.
(5) Arrangements for special designs on request:
A deposit of 25% of the total amount is due for orders of a Dreambox. Production starts only after receipt of the advance payment. The Dreamboxes are not on stock. The Dreamboxes are made individually for customers and the processing time is about 6-8 weeks. If the customer takes distance from his order or the amount still owed is not paid, we will keep the deposit as compensation, incurred costs of material, to compensate for working time and may only at reduced price resale-able articles. With the deposit of the amount of 25% and the receipt by us, is the order confirmed by costumer.
§ 6 Reservation of proprietary rights
(1) All goods remain in Royal Exclusiv´s possession until the payment has been made.
(2) The customer is obliged to treat the goods carefully until the ownership has been transferred.
§ 7 Warranty
(1) Specifications, drawings, pictures, technical data, weight, measurement and service specifications which are contained in brochures, catalogues, advertisements or price lists have information purposes. Royal Exclusiv does not guarantee the accuracy of this information. Only the information contained in the order confirmation is the decisive factor regarding the nature and scope of the delivery.
(2) In the event of a warranty defect the customer is, within the statutory provision, entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price.
(3) The customer is obligated to return the original goods within 30 days to Royal Exclusiv at the expense of Royal Exclusiv after a replacement delivery has taken place. The return shipment of the defective goods needs to meet the legal regulations. Royal Exclusiv reserves the right to obtain compensation within the legal prerequisites.
(4) The limitation period of warranty for the goods provided is two years from receipt of goods.
§ 8 Right of cancellation up to two weeks, exclusion of the right of withdrawal
The revocation period is 14 days from the date on which you or a third party nominated by you, which is not the carrier/forwarder, took the last shipment of part of or the last piece of property.
To use your right of cancellation, you must inform us, Royal Exclusiv by means of a unique statement (such as a letter sent by mail, fax or E-Mail) of your decision to revoke this agreement. You can use the attached form, which is however not required. The revocation period it is sufficient that you submit the notice of the right of withdrawal before the withdrawal deadline.
(1) If the customer is the consumer he has the right of withdrawal.
Right of cancellation
You may cancel your contract in writing (e.g. letter, fax, email) within 14 days without giving reasons or, if the goods are delivered before the deadline, cancel the goods by returning them. The period begins upon the receipt of the instructions in writing but not before the goods are received (in case of recurring deliveries of similar goods not before the first part delivery) and not before the fulfillment of our information obligations under § 246 Abs 2 in association with § 1 Abs. 1 and 2 EGBGB as well as our obligations under § 312 e Abs. 1 Satz 1 BGB in association with § 246 Abs. 3 EGBGB. To maintain the cancellation period it is enough to send the withdrawal or the good in time.
The cancellation has to be sent to:
Royal Exclusiv Aquarien - Anlagenbau,
Christian Walter GmbH & Co. KG,
or via email to: email@example.com
or via phone +49(0)2236 - 88 0 55 0 via fax +49(0)2236 - 88 0 55 20
Consequences of cancellation
If you cancel this contract, we've got all payments that we have received from you including the delivery charges (except for the additional costs arising from this that you have chosen a different type of delivery as offered by us, best standard delivery), without delay and at the latest within fourteen days from the day to pay back, on which the communication is received your revocation of this agreement with us.
In the event of an effective cancellation the mutually received services need to be given back. If you are not able to return the received goods complete or in part or if they are deteriorated, you might have to pay compensation for the value. This does not apply if the deterioration only ascribes to an inspection which would have been possible in the shop. To avoid an obligation to compensate for a deterioration of the good as a result of proper utilization (e.g. activation only for the intended purpose of the product) try to treat it not as if it was your possession and avoid anything that could reduce its value. Transportable items (items which can be shipped as a parcel) are to be returned at our risk. Parcel are to be returned at your risk. You have to bear the cost of return. Non-free packages are not accepted!
End of cancellation policy
(2) The right of cancellation does not apply to distance contracts for the delivery of goods which are custom designed or are clearly produced for personal needs, such as articles customized for individual measurements or provided with additional functions.
(3) The right to cancel the contract exists independently of the customers right to warranty, if the goods are defective (there for see §7 warranty).
(4) In the event of a cancellation the customer has to return the items as well as the package to Royal Exclusiv. Since the package used by Royal Exclusiv is a special shipping form and is to be considered a unit with the garment it needs to be sent back.
(5) The customer needs to be aware that the goods returned need to be handled with care according to the cancellation rules (§9 Abs. 1, Cancellation policy). The customer can try on the goods in order to see if they fit, but not return them or might have to pay a compensation if they were washed/cleaned, perfumed or stained.
(6) In the event of damages because of improper fitting, such as tearing a closure, we reserve the right not to take back the goods or demand compensation.
(7) For improper use we cannot be held responsible unless a law explicitly states so. §12 Limitation of Liability applies.
§ 9 Agreement of costs
If the customer makes use of his right of cancellation, the customer has to pay the regular costs of the return if the delivered good matches the ordered good and if the amount of the returned good does not exceed EURO 50 or if the customer, in case of a higher price, did not provide an equivalent or the partial payment as contracted. In any other case the return is free of charge for the customer.
§ 10 Technical and creative deviations
When performing the contract Royal Exclusiv reserves the right to deviations from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to color, weight, measurement, design or other features, provided that they are reasonable for the customer. Reasonable causes for change can result in customary variations or in technical production flow as well as in natural qualities. Technical modifications and errors excepted.
§ 11 Limitation of Liability
(1) An accurate and at all times available data communication via Internet cannot be guaranteed at the current state. Royal Exclusiv is there for not liable for the continuous and uninterrupted availability of the online services.
(2) Royal Exclusiv liability goes according to the law unless specified otherwise in these General Terms and Conditions. Royal Exclusiv is only in limitedly liable for compensation, irrespective of legal basis, in the event of an act of intention or gross negligence. In addition Royal Exclusiv is also unlimitedly liable for ordinary negligence for bodily or healthy harm or the loss of life. In the case of ordinary negligence and breach of an essential contractual obligation (cardinal duty) the liability of Royal Exclusiv is limited to the replacement of the foreseeable, typically occurring damages. Liability under the product liability law remains unaffected by the above regulations.
(3) If the liability of Royal Exclusiv in these General terms and conditions is not included or limited, this also applies to the personal liability of employees, agents and vicarious agents of Royal Exclusiv.
(4) Royal Exclusiv are not reliable for consequential damages, or damages that are caused by a malfunction or failure of the pump, such as a loss of animals. It is in the responsibility of the customer to provide back-up devices for the case of a potential malfunction or failure of the pump.
(1) Royal Exclusiv processes personal data of the customer for appropriate purposes and according to statutory regulations. Royal Exclusiv uses the personal data (such as name email address, mailing address and bank data) to accomplish and execute the contract. Royal Exclusiv treats this data confidential and doesn´t pass on this information to third parties which are not involved in the ordering, delivery and payment procedures. Upon application the customer has the right to get free information about his own personal data saved. Furthermore he has the right to correct inaccurate data, to block and delete personal data insofar as there is no legal obligation to retain.
§ 13 Jurisdiction – Place of Fulfillment – Choice of law
(1) Place of Fulfillment for all deliveries is Royal Exclusiv, Wesseling.
(2) Provided the customer is a merchant according to the Commercial Code, a legal entity of public law or a, governed by public law, fund asset, Cologne is the place of fulfillment. In this case Royal Exclusiv is entitled to sue the customer to her choice at the customer´s resident court. The same applies in the event if the customer has no general jurisdiction in Germany, moves his place of residence or habitual residence abroad or if his residence or habitual residence is unknown when the commencement of proceedings was made.
(3) The contract according to these General terms and conditions is subject to the law of the Federal Republic of Germany. The UN Sales Convention is excluded. If the customer is a consumer according to § 13 BGB and has his habitual residence abroad, binding regulations of this country stay untouched.
§ 14 Shipping of defective/to be re-engineer articles to Royal Exclusiv ®
(1) For shippings to Royal Exclusiv: The customer has to choose a packaging that shipping damages are exclude. Royal Exclusiv is not liable for resulting damage.
(2) Improper use, for example through the use of a freshwater pump in sea water or extreme pollution and self-inflicted damage are not covered by the warranty.
(3) The defective article is completely to submit! No parts or components (pumps with rotors (and controller if exist)).
(4) The transmittal of the defective article is to be attached with few lines about the defect and contact details.
(5) No needs of spare-parts or by decline the repair-offer we will charge 26,30 ¤. Because of our effort we have spent.
(6) Furthermore, Royal Exclusiv reserves the right to charge a lump sum for the cleaning of items with enormous pollution prior to the review/preparation of the repair offer, in the amount of the effort.
(7) Non-free packages are not accepted!