Refund policy
Consumers are entitled to a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activity.
There is no right of withdrawal for contracts concerning the supply of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the customer is decisive, or which are clearly tailored to the customer's personal needs.
This applies in particular to aquariums, base cabinets, covers, sump tanks or other components that are manufactured to measure, according to individual technical specifications or special equipment requests by the customer.
These products are identified in the online offer as "custom-made products".
The exclusion of the right of withdrawal is based on Section 312g (2) No. 1 of the German Civil Code (BGB).
INSTRUCTIONS ON THE RIGHT OF WITHDRAWAL (IN ACCORDANCE WITH ANNEX 1 TO ARTICLE 246A SECTION 1 (2) EGBGB)
1. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day…
…on which you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered together.
…on which you or a third party designated by you, other than the carrier, have taken possession of the last item, provided that you have ordered several goods as part of a single order and these are delivered separately.
…on which you or a third party designated by you, other than the carrier, have taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (Matthias Terboven, Erlenweg 4, 61352 Bad Homburg, Germany, email: matthias@terboven-aquaristik.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or by email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of this reimbursement.
Refunds will only be made after the goods have been returned and the item has been inspected.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract, at the following address:
Matthias Terboven
Erlenweg 4
61352 Bad Homburg
Germany
The deadline is met if you dispatch the goods before the fourteen-day period has expired.
The buyer bears the cost of returning the goods. We recommend using an insured and trackable shipping method.
You will only be liable for any diminished value of the goods if this loss in value results from handling that was not necessary to establish the nature, characteristics and functioning of the goods, or from improper use.
3. General information
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The right of withdrawal does not apply to products manufactured specifically according to the customer's requirements (custom-made aquariums / furniture / bases) that are identified as custom-made products.
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Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging together with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.
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Please do not return the goods to us carriage forward or with unpaid postage.
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Please note that the provisions set out above under points 1–2 are not a prerequisite for the valid exercise of the right of withdrawal.
Please also note that the right of withdrawal expires prematurely in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
MODEL WITHDRAWAL FORM
(IN ACCORDANCE WITH ANNEX 2 TO ARTICLE 246A SECTION 1 (2) EGBGB)
If you wish to withdraw from the contract, please complete this form and return it to:
Matthias Terboven Aquaristik
Erlenweg 4
61352 Bad Homburg
Germany
Email: matthias@terboven-aquaristik.de
I/We () hereby give notice that I/we () withdraw from the contract concluded by me/us () for the purchase of the following goods () / provision of the following service (*)
Ordered on () ____________ / received on () __________________
Goods / Item / Service
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only if this form is submitted on paper)
Date
(*) Delete as appropriate