David Foo of AntsDIY Trading is referred to as “Seller“.

§ 1 General, application and definition

(1) The Seller offers through the online shop on the website www.antsdiy.com in particular ants and accessories. The following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order.

(2) Cоnsumer means, in terms of these General Terms and Conditions, every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An Entrepreneur means, in terms of these General Terms and Conditions, a natural or legal person or a partnership with a legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers for the purposes of such terms and conditions are Consumers as well as Entrepreneurs.

(3) Individual contract agreements take priority over these General Terms and Policies. Diverging, conflicting or complementary General Terms and Policies do not become a part of the contract, unless their validity is expressly agreed.

 § 2 Conclusion of the contract

(1) The presentation of the goods on the website of the Seller constitutes a binding offer. The ordered goods can, due to different technical factors, sligһtly diverge from the goods shown on the website, in particular this may lead to color variations, as far as reasonable.

(2) The Customer can order on the Seller’s website. The Customer’s order represents a binding acceptance of the offer to conclude a purchase contract for the ordered good(s). of the ordered product. The conclusion of the purchase contract occurs with the order of the Customer.

(3) The Seller will immediately confirm the entrance of the Customer’s order by email.

(4) The complete, or partially, conclusion of the contract is subject to correct and punctual supply to the Seller. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable strains to purchase the products. Any received form of payment will be otherwise immediately refunded. In case of non-availability or just partial availability of the goods the Customer is immediately informed.

(5) When the Customer orders in an electronic way, the Seller stores the contract text and sends it to the Customer by email with the legally effective terms and conditions after conclusion of the contract.

§ 3 Retention of title

(1) With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.

(2) With behavior contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled – if applicable after setting a deadline – to witһdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.

(3) The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorized for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfill his payment obligation.

(4) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.

§ 4 Prices

(1) The quoted price is binding. Prices include statutory Value Added Tax. Incurred shipping costs are included in the following delivery cost report of Shipping Information. Packaging costs are already included in this delivery costs.

§ 5 Payment terms

(1) Customers may pay in advance/bank transfer, debit card, credit card or PayPal.

(2) In the case of payment via PayPal, the Customer has to register under www.paypal.de. The Terms and Conditions of paypal.de shall apply.

(3) In the case of payment by FPX, the Customer must have a transfer account capable of online banking at a participating bank.

(4) In the case of payment by credit card or direct debit, the Customer must pay via Stripe payment gateway.

§ 6 Delivery

(1) The Seller delivers only to the countries specified in the Shipping information.

(2) The delivery time for deliveries within Malaysia is usually two to four working days, not including public holidays. The beginning of the delivery period shall be determined (depending on the selected payment method) under paragraph 3 to 5.

(3) For all otһer payment methods, the delivery period begins one to three working days, not including public holidays, after placing the order.

(4) Delivery periods in other countries should be between two to four weeks.

(5) In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.

(6) The Seller is entitled to deliver in partial deliveries, taking into consideration that any conflicting interests of the Customer are not affected. This shall not affect the content of the contract, in particular the service owed by the Seller or the agreed service time. In case of a partial delivery, no additional costs will be originated for the Customer.

§ 7 Passing of risk

(1) In case of Consumers, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Consumer at the time of the һandover of the goods to the Customer. This also applies in case of sending purchases.

(2) In case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Entrepreneur once the goods have been given to the shipper, carrier or to the forwarding agent or company.

(3) This shall apply even if the Customer is in default of acceptance.

§ 8 Warranty

(1) The Customer has a statutory right of warranty, which is modified according to §§ 8, 9 from these General Terms and Conditions.

(2) The delivered products can be slightly different from the products shown on the internet. § 2 (1) from these Terms and Conditions refers to this.

(3) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not consider significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.

(4) If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. A withdrawal from the contract is excluded – taking into consideration the interest of bоth parties – if the defect is irrelevant. Instead of demanding damages, the Customer may demand reimbursement of the expenses. In case of damage compensation the Customer shall agree with the restrictions of liability § 9 (1) from these Terms and Policies.

(5) Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice.

(6) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.

(7) The warranty period for Consumers amounts to 30 days from delivery of the product. Deviations of the warranty period for Entrepreneurs: 3 months from delivery of the product. The warranty period also amounts to 30 days from delivery of the product in case of used goods. The one-year-old warranty period does not apply when the Seller is accusable of gross culpability or fraudulent intent.

(8) Differing from paragraph 7 the regular statutory limitation period shall apply when the Seller has fraudulently failed to disclose a defect.

(9) The Seller hands no guarantees in the legal sense over the Customer, unless otherwise agreed. Manufacturer’s guarantees remain unaffected.

§ 9 Liability limitations

(1) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, cоntractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, the Seller is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfillment allows the proper realization of the contract and in whose realization the Customer shall trust.

 

(2) The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation of the essential contractual obligations nor if the supplier is accusable of personal injury, impairment to health and death of the Customer.

(3) The Seller is only liable for the own contents of his online shop on the website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.