General Terms and Conditions (GTC)
1) Scope
1.1 These General Terms and Conditions (GTC) of FairyFly GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller via its online shop. Conflicting or deviating terms and conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The products presented in the online shop do not constitute a binding offer by the seller, but serve to submit an offer by the customer.
2.2 The customer can submit a binding offer via the online order form. After selecting the desired goods, completing the ordering process, and clicking the final button, the customer submits a legally binding offer. Alternatively, an offer can be submitted via email.
2.3 The Seller may accept the offer within five days by sending an order confirmation in text form (e.g., by email), delivering the goods, or requesting payment from the Customer. If the Seller does not accept the offer within this period, the offer shall be deemed rejected.
2.4 If a payment method offered by PayPal is selected, the contract is concluded upon completion of the order process by the customer.
2.5 After conclusion of the contract, the text of the contract will be saved by the seller and sent to the customer by email after the order has been placed.
2.6 Before submitting his order, the customer can correct input errors using the usual functions and check the information provided during the order process.
2.7 The contract language is German.
2.8 Communication and order processing are generally conducted via email. The customer is responsible for providing a correct email address and ensuring that emails from the seller can be received.
3) Right of withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Exceptions to the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery of goods,
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that can spoil quickly or
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whose expiration date would quickly be exceeded or
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which are living beneficial organisms (e.g. parasitic wasps, predatory mites, nematodes, storage wasps, storage pirates) , as these products are not suitable for return due to their nature (Section 312g Paragraph 2 No. 2 of the German Civil Code).
3.3 Detailed information on the exercise, conditions and consequences of the right of withdrawal can be found in the separate withdrawal policy.
3.4 The right of withdrawal does not apply to consumers whose residence and delivery address are located outside the European Union.
4) Prices and payment terms
4.1 The prices listed in the online shop are final prices and include VAT. Any shipping costs are listed separately.
4.2 For deliveries abroad, additional costs (e.g. bank charges, customs duties, taxes) may arise, which must be borne by the customer.
4.3 The available payment methods are displayed during the ordering process.
4.4 If you select PayPal, payment will be processed according to PayPal's terms and conditions. The seller remains the contact person for all contract-related questions.
4.5 Payments via Shopify Payments are processed by Stripe. The payment service provider's terms and conditions apply.
5) Delivery and shipping
5.1 Delivery will be made to the address specified during the ordering process within the specified delivery area. For PayPal payments, the address stored with PayPal is decisive.
5.2 If delivery fails for reasons attributable to the customer, the customer shall bear the resulting costs. In the event of cancellation, the statutory return regulations apply.
5.3 For businesses, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the shipping service provider. For consumers, the risk only passes upon handover of the goods.
5.4 Should delivery be impossible because the Seller itself has not been supplied correctly or on time, the Seller may withdraw from the contract. In this case, any amounts already paid will be refunded immediately.
5.5 Self-collection is excluded.
5.6 Live organisms are shipped exclusively from Monday to Thursday to ensure arrival before the weekend. Shipping is not possible on public holidays. Orders placed outside of these shipping days will be shipped on the next available shipping day.
5.7 To protect the vitality of living organisms (e.g., parasitic wasps, predatory mites, nematodes, storage wasps, and storage pirates), we reserve the right to postpone shipment in extreme temperatures (frost/heat) or before or during holidays. In these cases, no claim for damages or cancellation shall exist, provided delivery is made within a reasonable period of time.
6) Retention of title
The delivered goods remain the property of the seller until full payment has been made.
7) Liability for defects (warranty)
7.1 The statutory warranty rights apply to consumers.
7.2 The following restrictions apply to entrepreneurs:
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The seller decides on the type of subsequent performance.
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The warranty period for new goods is one year from delivery; for used goods, it is excluded.
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The period does not restart in the event of a replacement delivery.
7.3 The limitations of liability do not apply to claims for damages, fraudulently concealed defects, construction deliveries or the provision of updates for digital elements.
7.4 Recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
7.5 Merchants are subject to the obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
7.6 Consumers are asked to report transport damage directly to the carrier and inform the seller. This does not affect their statutory rights.
8) Liability
8.1 The Seller shall be liable without limitation in cases of intent and gross negligence, in cases of injury to life, body or health, in cases of assumed guarantees and in accordance with the Product Liability Act.
8.2 In the event of a slightly negligent breach of essential contractual obligations, liability is limited to foreseeable, contract-typical damages.
8.3 Otherwise, liability is excluded.
8.4 These provisions also apply to legal representatives and vicarious agents of the Seller.
9) Promotional vouchers
9.1 Promotional vouchers are free of charge and can only be redeemed in the online shop and during the specified period.
9.2 Certain products may be excluded from voucher promotions.
9.3 Only one voucher can be used per order.
9.4 The minimum order value corresponds to the voucher value. Any remaining balance will expire.
9.5 If the voucher value is insufficient, the difference can be settled using the payment methods offered.
9.6 Cash payment or interest is excluded.
9.7 If the goods are returned, the redeemed voucher value will be forfeited.
9.8 Vouchers are not transferable.
10) Applicable law
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers residing outside Germany, mandatory provisions of the country of residence remain unaffected.
11) Place of jurisdiction
11.1 For businesses, the exclusive place of jurisdiction is the Seller's registered office. The Seller is also entitled to sue at the Customer's registered office.
12) Code of Conduct
12.1 If the seller has submitted to a code of conduct (e.g. Trusted Shops), this can be viewed at the specified internet address.
13) Alternative dispute resolution
13.1 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
13.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
