General Terms and Conditions and Customer Information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (PAN Terra GmbH) via the website www.buy-butterflies.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods, including download products (digital content that is not delivered on a physical data carrier) and/or the provision of repair services.
(2) Already by placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods and/or repair services intended for purchase are placed in the “shopping basket”. You can call up the “shopping basket” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser), or canceling the order.
By sending the order via the corresponding button (“order subject to payment” or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed, and, in particular, that it is not prevented by SPAM filters.
§ 3 Licence of use for download products
(1) The download products offered are protected by copyright. You receive a simple usage license for each download product purchased from us unless otherwise stated in the respective offer.
(2) The single-use license includes permission to save and/or print one copy of the download product for your personal use on your computer or other electronic devices.
You are prohibited from making any further copies. You are expressly prohibited from modifying or editing any file or any part thereof and from making it available in any way to third parties for private or commercial purposes.
§ 4 Individually designed goods
(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our specifications regarding file formats, if any, must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for the correctness of content and therefore assume no liability for errors.
(4) Insofar as stated in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.
§ 5 Service provision for repairs
(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform these to the best of our knowledge and belief either personally or through third parties.
(2) You are obliged to cooperate, in particular, you must describe the defect on the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective unit to us.
(4) Unless otherwise stated in the respective offer, the repair, including the dispatch of the unit, will be carried out within 5 – 7 days after receipt of the unit to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
(5) If you make use of your right of termination in accordance with § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You retain the right to prove that we have actually incurred no costs or significantly lower costs.
§ 6 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. These documents may not be made accessible to third parties unless we give the purchaser our express written consent to do so. If we do not accept the orderer’s offer within the period of § 2, these documents must be returned to us without delay.
(4) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount which accrues to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 7 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion by rectification of the defect or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
– for culpably caused damage attributable to us arising from injury to life, limb, or health and for other damage caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
– in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 8 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
PAN Terra GmbH
Im Wiesele 3
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne additionally by you, unless a free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7. Interest on arrears shall be charged at a rate of 8% above the respective base interest rate p.a.. We reserve the right to claim higher damages for default.
5.8. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material, and distribution costs for deliveries that take place 3 months or later after the conclusion of the contract.
6. Terms of delivery
6.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions, can be found under a correspondingly designated button on our Internet presence or in the respective offer.
6.2. The commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the purchaser’s obligations. We reserve the right to plead non-performance of the contract.
6.3. When ordering, you can specify a shipping date. This date is usually adhered to. As our products are live animals whose development depends on the weather, among other things, shipping dates may have to be postponed by a few days.
At outside temperatures below 4°C and above 30°C, we do not recommend shipping live animals; transport at these temperatures is at the buyer’s risk. As an indication of the current temperatures, you can refer to the website wetter.com, for example. If the delivery time for non-German internal deliveries is delayed due to e.g. customs or other events that cannot be influenced and the animals die as a result, the risk and costs are borne by the buyer, as PAN Terra GmbH cannot influence these processes. This should be considered before purchase.
6.4. If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.
6.5. In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the framework of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value.
Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
6.6. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8.1. Information on the termination of the contract as well as the terms of termination can be found in the regulations on “Repair Services” in our General Terms and Conditions (Part I), as well as in the respective offer.
Last updated: 03.01.2022