These General Terms and Conditions (GTC) of Build Your Tank GmbH, Kreuzbuchstrasse 65, 6006 Lucerne (hereinafter “Build Your Tank”), govern:
a)the relationship between Build Your Tank and the sellers,
b)the relationship between Build Your Tank and buyers, especially concerning the use of the Build-Your-Tank.com platform, and.
c)the contractual relationship between sellers and buyers in purchase agreements concluded between them via the Build-Your-Tank.com platform. The provisions of Swiss contract law apply subsidiarily.
Build-Your-Tank.com is an online marketplace for aquarium items (including corals, fish, invertebrates, and plants), hereinafter referred to as “items.” Sellers offer items for sale to potential buyers on Build-Your-Tank.com.
A seller is defined as any natural or legal person who registers as a seller on Build-Your-Tank.com and offers items for sale.
A buyer is defined as any natural person who, in relation to an offer on Build-Your-Tank.com, enters into a purchase agreement with the respective seller.
These GTC apply exclusively. Any terms and conditions of the seller or the buyer that conflict with, supplement, or deviate from these GTC require the express written confirmation of Build Your Tank for their validity.
Information on www.Build-Your-Tank.com
Build-Your-Tank.com contains information about items. All information on Build-Your-Tank.com (descriptions, images, videos, and other information except prices) is non-binding for Build Your Tank and does not constitute any representations of properties or warranties made or assumed by Build Your Tank. Build Your Tank strives to provide all information and data on Build-Your-Tank.com correctly, completely, up-to-date, and clearly, but Build Your Tank cannot guarantee this explicitly or implicitly. The responsibility for offers made on Build-Your-Tank.com lies solely with the respective seller. Build Your Tank and the seller aim to ensure that all items listed on Build-Your-Tank.com are current and available for purchase but cannot guarantee this.
Legal Status of Build Your Tank
No contract between Build Your Tank and the buyer is established through Build-Your-Tank.com under any circumstances. Build Your Tank also does not act as an agent for the seller (except in payment processing). Build-Your-Tank.com is a pure intermediary portal. Any contract conclusions regarding purchases are made directly between the sellers listed on Build-Your-Tank.com and the respective buyer. Any disputes related to the purchase of items are settled directly between the seller and the buyer, without the involvement of Build Your Tank. Build Your Tank does not own or possess the items offered for sale.
Build Your Tank, its representatives, employees, and agents are in no way responsible for the risks associated with the initiation and completion of transactions and are not liable in any way for any resulting damages.
Build Your Tank is not obligated to monitor the conduct of sellers and buyers in connection with the use of the Build-Your-Tank.com website.
Build Your Tank is not obligated to operate the Build-Your-Tank.com website and may shut down the website at any time. Accordingly, there is no entitlement to use the Build-Your-Tank.com website or to access services on this website for buyers or sellers.
Contractual Relationship between Build Your Tank and the Seller
The seller can register as such on Build-Your-Tank.com and create listings for the sale of items on Build-Your-Tank.com.
The seller may only create listings for items in the field of aquaristics. The seller commits to advertise only items that are owned by them or for which they are an authorized representative.
Build Your Tank regularly checks the content of the sellers listings and is authorized to delete listings and the registration of the seller without prior notice or explanation, with notification to the seller.
On behalf of the seller, Build Your Tank collects the purchase price from the buyer as the payment agent and forwards it to the seller after deducting the agreed-upon commission. Build Your Tank regularly settles commissions. The commission is calculated based on the gross sale price invoiced to the buyers. If the buyer exercises their right of withdrawal, the seller must inform Build Your Tank as soon as they have accepted the return of the respective item. Build Your Tank will then promptly initiate a refund of the purchase price to the buyer. In this case, the seller owes Build Your Tank the corresponding commission as an expense allowance.
The seller also agrees to fully accept these GTC in relation to their contractual relationship with the buyer.
Costs for the Buyer
The use of the Build-Your-Tank.com portal is free of charge for visitors and buyers.
When settling the purchase price, Build Your Tank acts only as a payment agent on behalf of the seller.
Price Information
The sales prices listed on Build-Your-Tank.com always include the statutory value-added tax if the respective seller is subject to value-added tax.
Any shipping costs, unless otherwise specified, are billed separately and are to be paid by the buyer. Shipping costs are separately itemized in the purchase process.
Purchase Agreement between the Seller and the Buyer
The items offered for purchase on Build-Your-Tank.com are legally binding offers by the seller to conclude purchase agreements.
When the buyer triggers an order on Build-Your-Tank.com, the purchase agreement is concluded between the seller and the buyer. The buyer receives an automatic order confirmation.
The purchase agreement between the seller and the buyer arising through Build-Your-Tank.com is governed by these GTC. Subsidiary to this, Swiss contract law applies.
Right of Withdrawal
The buyer has a right of withdrawal within 14 days of receiving the products. The deadline is considered met if the buyer returns the respective item to the seller within 14 days of receiving it. The buyer can use the withdrawal form provided on Build-Your-Tank.com for this purpose. No justification is required for the withdrawal.
Exercising the right of withdrawal leads to the reversal of the contract. The buyer must return the item in its original packaging, unopened, and complete with all accessories, along with the delivery note. Returns to the seller are at the expense and risk of the buyer. A payment already made will be refunded to the buyer within 14 days if the seller has already received the item back or if the buyer provides proof that they have returned the item.
The seller reserves the right to demand reasonable compensation for damage, excessive wear and tear, or depreciation due to improper handling and to deduct the reduction in value from the purchase price already paid or to bill it to the buyer.
The right of withdrawal is not granted in the following cases:
I.If the contract concerns a living animal or plant;
II.If the contract has an element of chance, especially because the price is subject to fluctuations over which Build Your Tank has no influence;
III.If the contract concerns a movable item that is manufactured according to the consumer's specifications or is clearly tailored to personal needs;
IV.If the contract concerns digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled immediately by both contracting parties.
Payment Options
The buyer has access to the payment options specified in the order process.
Delivery, Inspection Obligation, Complaints, and Returns
Deliveries are collected by the buyer from the seller or, by agreement, sent to the address provided by the buyer. Ownership and risk pass to the buyer upon collection or dispatch. Agreed-upon collections should be made within two weeks of the order.
If delivery is not possible, the buyer refuses to accept the delivery, or the buyer does not collect the delivery by the agreed-upon date, the seller can terminate the contract after notifying the buyer by email and setting a reasonable deadline, and can bill the costs for the efforts incurred.
The buyer is obliged to inspect the delivered items immediately upon receipt and to report any defects for which the seller is liable in writing by email to the seller within 3 calendar days.
Returns to the seller are at the expense and risk of the buyer. The buyer must return the items in their original packaging, complete with all accessories, along with the delivery note and a detailed description of the defects to the seller.
If, during the inspection by the seller, it is determined that the items have no identifiable defects, the seller may bill the buyer for the expenses, return shipping, or disposal.
Warranty
If warranty claims have not been excluded, the seller assumes liability for defects in conformity and functionality of the item purchased by the buyer, which have been reported in a timely manner, during the manufacturer's specified shelf life, but for a maximum of two years from the date of purchase. It is at the discretion of the seller to fulfill the warranty through free repair, equivalent replacement, or refund of the purchase price. Other claims are excluded.
Normal wear and tear, consequences of improper handling or damage by the buyer or third parties, and defects attributable to external circumstances are not covered by the warranty. The warranty is also waived for consumable and wear parts.
Naturally, there is always a risk of an animal dying. If an animal dies before delivery to the buyer, the warranty applies. If the animal dies after delivery to the buyer, the buyer bears the risk. In this case, there is no warranty, and withdrawal from the contract is also not possible.
If a warranty case occurs, the buyer must report it directly to the seller. Build Your Tank does not play a mediating role in this regard.
Liability
Sellers and buyers are fully responsible for their activities and actions on www.Build-Your-Tank.com. If a third party holds Build Your Tank, its employees, or agents liable for alleged legal violations, the respective seller or buyer fully indemnifies Build Your Tank, including any legal representation costs.
Build Your Tank disclaims all liability, regardless of its legal basis, as well as claims for damages against Build Your Tank and any agents or assistants. In particular, Build Your Tank is not liable for temporary interruptions in the availability of the website www.Build-Your-Tank.com, indirect damages, consequential damages, loss of profit, or other personal, property, or pure financial damages to the buyer and third parties. Except for any further mandatory legal liability, such as for gross negligence or unlawful intent.
Build Your Tank is not liable for claims arising from contracts concluded between the seller and the buyer.
Rights
Build Your Tank assures that it is the owner of all rights to the website Build-Your-Tank.com and has no knowledge of third-party claims against the rights to the website Build-Your-Tank.com.
Data Protection
The protection of the personal data of visitors to Build-Your-Tank.com is important to Build Your Tank. Build Your Tank takes data protection seriously and ensures appropriate security measures. Build Your Tank processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (DSG), the Ordinance to the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG), and, where applicable, other data protection regulations, in particular the General Data Protection Regulation of the European Union (GDPR).
The seller and the buyer agree that the email address provided by them serves as a communication channel to Build Your Tank and that contract-relevant information will be transmitted via this email address.
Miscellaneous
The rights and obligations under this contract may not be transferred without the prior consent of Build Your Tank.
The buyer or seller agrees that the email address provided by them serves as a communication channel to Build Your Tank and that contract-relevant information will be transmitted via this email address.
Changes
These GTC can be changed by Build Your Tank at any time. The new version takes effect through publication on the Build-Your-Tank.com website.
Additional Provisions
If individual provisions of these GTC are wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by those that economically come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.
In the event of disputes, only substantive Swiss law applies, excluding conflict-of-law rules.
The place of jurisdiction is Lucerne.
Lucerne, September 4, 2023