General Terms of Business
1. General validity
When placing an order, the customer who orders something agrees to the following General Terms of Business. Any terms or conditions contrary to the terms stipulated hereinafter have to be agreed in writing, and are subject to written confirmation. The failure to object shall not be deemed an approval.
2. Conclusion of a contract
The sales contract between us and the ordering party shall become effective when such order is approved by us per e-mail. This approval will contain once more the designation of the ordered items and the price.
3. Payment
The prices at the time of the order are valid. All prices are including VAT. When the delivery is effected to a country outside the EU, the VAT will be deducted and not be charged. Payment shall be effected cash on delivery plus EUR 3.60 c.o.d. fee abroad, advanced payment or by credit card. We accept Mastercard, Eurocard, Visacard, Diners Club, and any American Express card. When charging your card, we are obliged to apply for approval from the credit card institution for any amount. If payment is effected cash on delivery, Deutsche Post AG will charge a remittance fee in addition to the c.o.d. fee. We grant a 3% discount for any orders from outside Germany exceeding an amount of EUR 69.00.
4. Delivery
Delivery abroad is subject to the valid list or upon agreement. We reserve the right to choose the most favourable way of delivery. We guarantee a delivery time of not more than 30 days for all articles, except for those made to customer's specification. In exceptional cases delivery may be effected within a reasonable time of not more than 60 days. In such case the buyer will be informed by us. Any other agreements as to the delivery shall be stipulated in writing. Any unforeseeable impediment to performance, such as cases of force majeure, interruption of operations etc. shall give us the right to withdraw, in whole or in part, from the supply commitment. Any claims for damages because of delayed supply shall be excluded. Partial deliveries are admissible.
5. Right to cancel the order or to return goods of the ordering party
The customer who orders something will not be bound to his declaration of agreement to the sales contract if he cancels the order within 2 weeks upon receipt of the first delivery. It is not necessary to give reasons for the cancellation, but it has to be done in writing, with mail, fax or e-mail. To meet the deadline, it will be sufficient to send the cancellation of the order in time to:
Company Happy Diskus, P.O. Box 1362, 08273 Aue, Germany
The right of the ordering party to cancel the order does not apply to goods that have been made to customer's specification, or where it is obvious that the goods have been specially tailored to his personal needs, or goods that are not suitable to be sent back due to its nature, or that might become spoiled quickly (especially water plants). If you use the goods before returning them, we have the right to withhold that part of the price, provided by law, for the loss of value by such usage. This can be avoided by returning the goods unused and in the original packing.
6. Complaint and liability, warranty
In general, the statutory warranty period of 24 months shall apply. Otherwise we give a guarantee that corresponds to the terms of guarantee offered by the respective manufacturer. Warranty claims may only be made by the direct buyer. The guarantee is always limited to the respective item, and is effected by repair or exchange, at our choice. We do not take responsibility for any damage due to improper handling or usage, as well as defects due to normal wear and tear. Furthermore, we reject to take any responsibility for indirect losses. We shall not be liable for the accuracy of any technical data or any other information not particularly referred to by us. We reserve the right to make technical modifications in the sense of progress or to generally improve the products.
7. Right of property
The goods shall remain our unmarketable property until full payment of the price is made. The right of property also includes any interest or ancillary costs accruing from the obligation to pay the goods. Any right to retain or to set off the payment shall be excluded.
8. Transport damage
All deliveries will be insured. The insurance fee is part of the shipping costs. The goods have to be checked for completeness and any defects immediately on delivery. Any transport damage has to be reported within 24 hours to the respective shipping company. It is not permissible to set off any payments against the claims due to damages upon delivery.
9. Data protection
As stipulated by the Data Protection Act, we advise that any data from business trans-actions is being stored. Upon customer's request this data is deleted. Passing on this data to third parties is not allowed.
10. Final provision
In case any of the above provisions become void, for whatever reason, the validity of the other provisions shall remain unaffected. Wherever applicable (e.g. among merchants), Aue shall be the place of juristiction for any disputes araising from this contact between the costumer and the company Happy Diskus.
Aue, October 2002  Happy Diskus Aquaristic trade, mail order and service Authorized Representative Mrs. Claudia Seidel, Business Park Loessnitz, Ernst-Gessner-Str. 8, 08294 Loessnitz, Germany, Phone: 03771-2543-0, Fax:03771-2543-20, e-mail: info@happy-diskus.de, USt.-Id.Nr. DE192802817