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Terms & Conditions
General Terms and Conditions and Consumer Information
1. Scope of Application, Provider, Definitions
(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts concluded between
Euro Corals
Passauer Straße 12
84359 Simbach am Inn
Germany
– hereinafter the “Provider” –
and the customer via the website www.eurocorals.com or by other means of distance communication (e.g. by e-mail, telephone, fax, or via the online inquiry form). The Provider’s complete contact details, including e-mail address, can be found in the legal notice (Impressum) of the aforementioned website.
(2) The version of these Terms in force at the time the contract is concluded shall apply. The inclusion of the customer’s own or deviating terms and conditions is objected to, unless the Provider has expressly agreed to their validity in text form.
(3) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code, BGB). An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (Section 14 BGB).
(4) The contract language is exclusively German. Language versions of these Terms in other languages are provided for information purposes only; in case of doubt or discrepancies, the German version shall prevail.
(5) The full text of the contract is not permanently stored by the Provider in a manner accessible to the customer. Before submitting the order via the online shopping cart system, the customer may print or electronically save the contract data using the browser’s print function. After receipt of the order, the Provider will send the customer the order data, the legally required information, and these Terms again by e-mail.
(6) If a customer’s request for an offer is received outside the shopping cart system (e.g. by telephone, e-mail, fax, in writing, or via the online inquiry form), the customer will also receive all contract data as part of a binding offer by e-mail in a storable and printable format.
2. Subject Matter of the Contract
(1) The subject matter of the contract is the sale of goods, in particular live corals, other live animals for marine aquariums, as well as aquarium products, care products, additives, and accessories.
(2) The essential characteristics of the goods are set out in the respective product description and in the supplementary information on the Provider’s website.
(3) Live animals, in particular corals, are natural products. Size, shape, colouration, growth form, and polyp extension may therefore be subject to natural variation, including in comparison to images shown. Images are illustrative examples unless expressly marked as showing the specific animal (“WYSIWYG”). Minor, species-related deviations do not constitute a defect.
(4) The customer is responsible for ensuring that their aquarium is suitable and cycled for keeping the ordered animals and has stable, species-appropriate water parameters as well as suitable husbandry, lighting, and flow conditions.
3. Formation of the Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to the customer to place an order (invitatio ad offerendum).
(2) The customer may submit a binding offer to purchase via the online shopping cart system. The goods intended for purchase are collected in the “shopping cart”; personal data as well as payment and shipping conditions are recorded via the order steps in the “checkout” area. On the order overview page, the customer may review, correct, and amend all details once more. By clicking the “Buy” button, the customer submits a legally binding offer.
(3) The customer will first receive an automatic confirmation of receipt of the order by e-mail. This acknowledgement of receipt does not yet constitute acceptance of the offer. The contract is only concluded upon the Provider’s express order confirmation or acceptance by e-mail, or upon delivery of the goods.
(4) If no declaration of acceptance and no delivery is made within 5 days of receipt of the order, the customer is no longer bound by their order. Any payments already made will be refunded promptly and in full in this case.
(5) If the inquiry is made outside the shopping cart system, the Provider will submit a binding offer to the customer by e-mail, which the customer may accept within 5 days by declaration in text form (e.g. by e-mail), unless a longer period of validity is stated in the offer.
(6) The processing of the contract takes place wholly or partly by automated means via e-mail. The customer must ensure that the e-mail address provided is correct, that the technical receipt of e-mails is ensured, and that receipt is not prevented in particular by spam filters or forwarding rules.
(7) The Provider is entitled to refuse orders or to limit them to customary retail quantities, in particular in the event of justified doubts regarding animal welfare or husbandry suitability, unavailability, legal or species protection restrictions, or where suitable delivery to the specified address is not possible.
4. Prices, Shipping Costs, Charges
(1) All prices stated are final prices and include statutory value-added tax as well as other price components.
(2) Shipping costs, as well as any costs for special, express, or thermal packaging, will be charged additionally unless free shipping has been expressly agreed. The applicable costs can be found on the “Payment & Shipping” page and will be shown separately during the order process before the order is placed.
(3) For deliveries to countries outside the European Union, additional customs duties, import charges, taxes, veterinary, species protection, or clearance fees may apply, which are payable not to the Provider but to the relevant authorities or service providers, and which are to be borne by the customer. The customer is responsible for compliance with the applicable import, species protection, and animal welfare regulations at the destination.
(4) The customer will receive an invoice with value-added tax shown separately.
5. Payment Terms
(1) The payment methods and terms available in the online shop under the “Payment & Shipping” section shall apply.
(2) Unless otherwise stated for the respective payment method, the purchase price is due for payment immediately upon conclusion of the contract.
(3) In the event of default in payment, statutory provisions shall apply. Vis-à-vis entrepreneurs, the Provider reserves the right to assert the statutory default interest rate and the lump-sum default fee pursuant to Section 288(5) BGB.
(4) The customer may only set off counterclaims that are undisputed or have been legally established as final. The customer may exercise a right of retention only in respect of claims arising from the same contractual relationship. Statutory rights of the consumer remain unaffected.
6. Delivery, Shipping of Live Animals, Transfer of Risk
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Live animals are shipped in suitable specialised packaging, generally as an express or overnight shipment, and may be limited to specific shipping days and weather conditions for animal welfare reasons. The Provider is entitled to postpone shipment to the next suitable shipping day for animal welfare reasons (e.g. in the event of extreme outdoor temperatures, holiday backlogs, or announced disruptions in the delivery network); the customer will be informed of this without delay.
(2) If an ordered product is unavailable due to circumstances beyond the Provider’s control, the customer will be informed without delay. Any payments already made will be refunded promptly in this case, unless a replacement delivery or other arrangement is agreed. The customer’s statutory rights remain unaffected.
(3) For consumers, the risk of accidental loss or accidental deterioration of the goods passes only upon handover of the goods to the customer or to a person authorised to receive them. Vis-à-vis entrepreneurs, risk passes upon handover of the goods to the shipping service provider.
(4) For live animals, in particular corals, the customer is obliged to personally accept the shipment, or to have it accepted by a person authorised to receive it, at the agreed or announced delivery time notified by the shipping service provider, and to acclimatise the animals appropriately without delay upon receipt. A missed delivery, an incorrect or incomplete delivery address, unavailability to receive the delivery, or any other delay caused by the customer may result in the exclusion of the voluntary guarantee benefits under Clause 7.
(5) Live animals are shipped exclusively to areas where, in the Provider’s assessment, suitable and sufficiently fast delivery (in particular overnight or express delivery) is possible. If it becomes apparent after conclusion of the contract that suitable delivery to the specified address is not possible, the Provider will inform the customer accordingly and will refund any payments already made without delay, unless a different arrangement is agreed.
(6) Delays caused by the shipping service provider that are not attributable to the customer do not automatically result in the exclusion of the voluntary guarantee under Clause 7; the provisions of Clause 7(12) shall apply in this respect.
7. Voluntary Guarantee for Live Animals
(1) In addition to the customer’s statutory rights, the Provider grants the following voluntary guarantee for live animals. The statutory rights relating to defects, any right of withdrawal, and other mandatory consumer rights remain unaffected by this guarantee and are neither limited nor replaced by it.
(2) 5-Day Coral Guarantee. A voluntary 5-day guarantee applies to corals (in particular LPS, SPS, and soft corals). If a coral does not survive within 5 days of the original delivery date, the customer will, in accordance with these guarantee conditions, receive a replacement of the same coral – subject to availability – or a credit in the amount actually paid for the affected coral.
(3) 24-Hour Arrive Alive Guarantee. A voluntary 24-hour Arrive Alive Guarantee applies to other live animals that are not corals. If such an animal does not arrive alive or dies within 24 hours of delivery, the customer will, in accordance with these guarantee conditions, receive a replacement – subject to availability – or a credit in the amount actually paid for the affected animal.
(4) Requirements. Making use of the voluntary guarantee requires that
a) the animals were placed in a cycled marine aquarium suitable for the respective species, with stable and appropriate water parameters;
b) the shipment was accepted at the first delivery attempt, either personally or by a person authorised to receive it;
c) the customer provided an accurate, complete, and reachable delivery address;
d) delivery was made to an area where suitable overnight or express delivery is available;
e) the customer reports the damage by e-mail within the applicable guarantee period, stating the order number;
f) the customer provides meaningful photos or videos of the affected animal, where possible in the aquarium and of verifiable quality;
g) the customer does not dispose of, sell, pass on, or return the affected animal without the Provider’s prior consent.
(5) Commencement of the period. The 5-day period begins on the original delivery date. The delivery date documented by the shipping service provider shall be decisive.
(6) Reporting deadlines. For corals, the report must be made no later than within 5 days of delivery; for other live animals, no later than within 24 hours of delivery.
(7) Review. The Provider reserves the right to request further information prior to deciding on the guarantee claim, in particular additional photos or videos as well as details of water parameters, equipment, lighting, and husbandry conditions.
(8) Type of guarantee benefit. The voluntary guarantee comprises, at the Provider’s discretion, a replacement delivery or a credit. No cash payment is made under the voluntary guarantee. The customer’s statutory claims – in particular to repayment in the event of an effective withdrawal or under statutory liability for defects – remain unaffected.
(9) Use of credits. Credits arising from the voluntary guarantee may be used exclusively for the purchase of goods from the Provider, not for shipping costs, unless expressly agreed otherwise. Credits are non-transferable and cannot be exchanged for cash.
(10) Discounted items. If an item was purchased at a discounted price, the guarantee benefit shall be calculated based on the price actually paid, not on any earlier or regular sale price.
(11) Shipping costs in the event of predominant loss. If more than 50% of the corals delivered are lost within the 5-day guarantee period and the requirements of this guarantee are met, the Provider may, in the case of paid shipping, additionally refund the shipping costs paid as a credit. This claim does not apply to orders with free shipping.
(12) Delayed delivery. In the event of a delayed delivery caused by the shipping service provider, the following applies: lost corals remain covered under the 5-Day Coral Guarantee, provided the other requirements are met. For surviving corals, an extended guarantee period of up to 10 days from delivery may be granted following written confirmation by the Provider, provided the customer reports the issue within 5 days of delivery.
(13) Exclusions. The voluntary guarantee is excluded where the damage is due to circumstances attributable to the customer, in particular in the case of
a) a missed or delayed acceptance of the delivery;
b) an inaccurate, incomplete, or unreachable delivery address;
c) unsuitable or unstable water parameters;
d) an aquarium that is not cycled or unsuitable for the species;
e) improper acclimatisation, husbandry, care, lighting, flow, or feeding;
f) impairment caused by tankmates, predators, disease introduction, or treatment agents originating from the customer’s own stock;
g) unauthorised disposal, transfer, or return without the Provider’s prior consent;
h) delivery locations where suitable express or overnight delivery is not possible, provided the customer knew or could reasonably have been expected to know this;
i) events of force majeure, official measures, strikes, or natural disasters.
(14) Commercial customers. Unless expressly agreed otherwise, only the 24-Hour Arrive Alive Guarantee applies to entrepreneurs, dealers, resellers, and other commercial customers.
(15) This voluntary guarantee applies only to the Provider’s original contractual partner and is not transferable to third parties. Guarantee benefits do not give rise to a new guarantee period for replacement deliveries, unless expressly agreed otherwise.
8. Right of Withdrawal and Return Costs
(1) In distance contracts, consumers are generally entitled to a statutory right of withdrawal in accordance with the Provider’s separate withdrawal instructions, which form part of the contract information.
(2) The right of withdrawal may be excluded or may expire prematurely in cases provided for by law, in particular for goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded (Section 312g(2) No. 2 BGB). Whether and to what extent a right of withdrawal exists or is excluded for live animals, in particular corals, is set out in the separate withdrawal instructions.
(3) If the consumer effectively exercises an existing right of withdrawal, the provisions of the separate withdrawal instructions shall apply with regard to return costs and the reversal of the transaction.
(4) The voluntary guarantee under Clause 7 does not restrict any statutory right of withdrawal that may exist and is not a precondition for exercising it.
9. Retention of Title
(1) The delivered goods shall remain the property of the Provider until paid for in full.
(2) The following shall additionally apply to entrepreneurs:
a) The Provider reserves title to the goods until all claims arising from the ongoing business relationship have been settled in full.
b) The customer hereby assigns to the Provider all claims arising from the resale of goods subject to retention of title, in the amount of the invoice value; the Provider accepts this assignment. Until revoked, the customer is entitled to collect the assigned claims in the ordinary course of business.
c) In the event of combination, mixing, or processing of the reserved goods, the Provider acquires co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the value of the new item.
d) The customer must inform the Provider without delay if third parties access the reserved goods.
e) The Provider undertakes, at the customer’s request, to release securities to the extent that their realisable value exceeds the claims to be secured by more than 10%.
10. Liability for Defects (Warranty)
(1) The statutory rights relating to liability for defects shall apply.
(2) Consumers are requested to check the goods for completeness, transport damage, and recognisable defects immediately upon receipt and to notify the Provider — and, in the case of transport damage, where applicable the shipping service provider — of any complaints. Failure to do so shall have no effect on the consumer’s statutory claims.
(3) For live animals, the customer is requested to promptly document any recognisable transport damage as well as dead or significantly impaired animals with photos and to notify the Provider as quickly as possible, so that a swift review and resolution is possible. The consumer’s statutory rights remain unaffected.
(4) The following shall apply, by way of derogation, to entrepreneurs:
a) The duty to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB) shall apply. Obvious defects must be notified in text form (in writing or by e-mail) within 7 days of receipt of the goods; for live animals, defects relating to live arrival must be notified without delay, and no later than within 24 hours of delivery. Otherwise, the assertion of claims for defects shall be excluded.
b) Subsequent performance shall, at the Provider’s discretion, be carried out by repair or replacement delivery.
c) The limitation period for claims for defects shall be 1 year from delivery of the goods. This shall not apply to claims for damages arising from injury to life, body, or health, in the case of grossly negligent or intentional conduct, fraudulent intent, the assumption of a guarantee, or in other cases mandatorily prescribed by law.
d) Rights of recourse within the supply chain (Sections 445a, 445b, 478 BGB) remain unaffected.
11. Liability
(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health, in cases of intent and gross negligence, in cases of fraudulent intent, in the case of the assumption of a guarantee, under the provisions of the German Product Liability Act, and in other cases mandatorily prescribed by law.
(2) In the case of slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations whose fulfilment is essential to enable the proper performance of the contract in the first place, and on whose observance the customer may regularly rely.
(3) The Provider shall not be liable for the slightly negligent breach of immaterial contractual obligations.
(4) The above limitations of liability shall also apply to the legal representatives, employees, and vicarious agents of the Provider.
(5) The Provider shall not be liable for the uninterrupted technical availability and freedom from errors of the website, except where paragraph 1 applies.
(6) The Provider shall not be liable for damage to the customer’s aquarium or livestock resulting from unsuitable husbandry conditions, improper acclimatisation, improper use of products, or other circumstances attributable to the customer; paragraph 1 remains unaffected.
12. Use of Products, Customer’s Responsibility
(1) The products offered, in particular live animals, care products, additives, and aquarium articles, are to be used exclusively properly and in accordance with the product information, dosage recommendations, and generally recognised principles of marine aquarium keeping.
(2) Improper, overdosed, or misapplied use may cause damage, losses, or the death of animals and other aquarium inhabitants. Responsibility for the proper handling of the products and for suitable husbandry conditions lies with the customer.
(3) Products and additives must be kept out of the reach of children and are not suitable for human consumption. Live animals must be kept exclusively in compliance with applicable animal welfare and species protection regulations.
(4) If there is any doubt as to the suitability of a product, coral, or other live animal for the customer’s aquarium, the customer should contact the Provider before ordering or use.
(5) The above notices do not limit the customer’s statutory rights and do not apply to damage for which the Provider is liable under Clause 11 or under mandatory statutory provisions.
13. Communication, Complaints, Payment Disputes
(1) The customer is requested to direct questions, complaints, and guarantee claims by e-mail to the address stated in the legal notice, enclosing the order number, meaningful photos, and a description of the problem.
(2) In the event of problems with live animals, contact should be made as promptly as possible so that a swift review and resolution is possible.
(3) The customer is requested to first contact the Provider before initiating payment disputes, chargebacks, or reversals, in order to allow for direct and prompt clarification. The customer’s statutory rights remain unaffected by this.
14. Data Protection
The processing of personal data takes place exclusively in accordance with statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details on the nature, scope, purpose, and legal basis of the data processing, as well as on the customer’s rights, can be found in the privacy policy on the Provider’s website.
15. Out-of-Court Dispute Resolution
The Provider is neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration body (Section 36 of the German Consumer Dispute Resolution Act, VSBG). However, the Provider always endeavours to resolve any disagreements with the customer amicably and directly, and requests that the customer first contact the Provider by e-mail in such a case.
16. Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. With regard to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory consumer protection provisions of the state in which the consumer has their habitual residence.
(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
(3) The place of performance and exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the Provider’s place of business, if the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany or the EU, or relocates their domicile or habitual residence there after conclusion of the contract, or if their domicile or habitual residence is unknown at the time legal proceedings are instituted. The Provider’s right to bring an action before any other competent court remains unaffected. For consumers, the statutory places of jurisdiction shall apply.
17. Final Provisions
(1) Amendments and additions to these Terms, as well as individual side agreements, must be made in text form to be effective.
(2) The Provider is entitled to engage third parties (e.g. shipping and payment service providers) for the performance of the contract.
(3) Should any individual provisions of these Terms be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.