Aqualogistik GmbH
(1) Our deliveries and services are carried out exclusively on the basis of the following terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed upon again.
(2) Any conflicting, deviating or supplementary terms and conditions of the Customer are hereby expressly rejected. They shall only form part of the contract if we have expressly agreed to their validity in text form. This reservation of consent shall apply in all cases, in particular also if we carry out delivery to the Customer without reservation or accept payments with knowledge of the Customer's terms and conditions. To the extent our terms and conditions are referenced in our offers or order confirmations, this shall be decisive for the contract content.
(3) Contract partners can exclusively be commercial specialist companies from the following sectors: pet supply, garden centres, garden and landscaping, pond construction, and building material suppliers. Sector affiliation must be proven and, if necessary, updated if the customer is to be registered as a reseller. With their order, the customer confirms that they are acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
(4) We reserve the right to refuse or terminate business relationships at any time with immediate effect if the above-mentioned conditions are no longer met, particularly if the customer loses their status as an entrepreneur or can no longer prove their industry affiliation.
We are entitled to assign the claims under our terms and conditions.
§ 2 Offer and conclusion of contract
(1) Our offers are exclusively aimed at entrepreneurs as defined by § 14 of the German Civil Code (BGB) and are non-binding and not subject to confirmation, unless expressly stated as binding. They merely represent an invitation to submit bids by the customer.
(2) By ordering a product by telephone or in writing, the customer makes a binding offer. The contract is only concluded upon our express acceptance of the offer, either through written order confirmation in text form or through the delivery of the goods.
(3) We may accept or reject the customer's order at our discretion within 4 weeks by sending a written order confirmation. If delivery is made without delay, the invoice shall be deemed as an order confirmation at the same time.
(4) Technical documentation, such as drawings, descriptions, and illustrations, is for informational purposes only and does not constitute any warranty of characteristics.
(5) Copying and further use of content from our catalogue material and our homepage is only permitted with prior written consent.
(6) If the order confirmation contains incorrect information, such as pricing errors or typos, we are entitled to contest the contract immediately upon becoming aware of the error. Any services already received will be refunded to the customer without delay.
§ 3 Regulations at destination
The customer is responsible for ensuring compliance with all local, statutory, and other regulations applicable to the construction and operation of pond systems when carrying out pond construction.
(2) These include, but are not limited to, permits, building regulations, environmental requirements, and health and safety provisions.
(3) The customer undertakes to indemnify us against all claims by third parties arising from a breach of these regulations. The customer is also responsible for complying with national and international export control regulations when reselling the goods.
The prices are in accordance with the separate terms and conditions for delivery and shipping. (Shipping and Delivery TermsThese regulate shipping costs, free shipping thresholds, and regional differences. In addition, they include the statutory value-added tax as well as all other country-specific duties (taxes, customs duties, fees, etc.) for international deliveries.
(2) For orders with a net value of less than €50.00, we reserve the right to charge a small order surcharge of €8.00.
(3) The customer is obliged to pay invoices without deduction by the payment deadline indicated on the invoice or in a separate agreement. If no payment deadline is agreed, the invoice is due immediately upon receipt, net. If payment is not made on time, the customer shall be in default without further notice.
(4) From the date of default, we are entitled to claim default interest at a rate of 9 percentage points above the then-current base interest rate (§ 288 para. 2 BGB). If the customer is in default with a payment, all other claims shall become due immediately.
(5) In the event of late payment or for new customers, delivery will only be made against advance payment or cash on delivery, until further notice and until the customer's creditworthiness has been assessed.
(6) Notwithstanding any provisions of the customer to the contrary, we are entitled to credit payments against the customer's older debts first. If interest and costs have already arisen, we are entitled to credit payments against the costs first, then against the interest, and finally against the principal claim.
(7) The customer shall bear the costs of direct debit returns and other bank charges incurred due to late payment.
(8) The customer's right to set off counter-claims is excluded, unless the counter-claims are undisputed or legally established.
(9) The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.
§ 5 Delivery times and delivery terms
Delivery dates and delivery periods are non-binding unless expressly agreed as binding. Delivery usually takes place within 14 working days of receipt of the order.
In the event of force majeure or other unforeseeable, exceptional and unavoidable circumstances, such as non-delivery by a pre-supplier, operational disruptions due to fire, water, pandemics, epidemics, cyber-attacks and similar circumstances, strikes and lockouts, shortages of materials, energy, transport facilities, as well as official interventions (even if they occur with our suppliers), we shall be entitled, provided that we are prevented from fulfilling our contractual obligations in a timely manner through no fault of our own due to the aforementioned circumstances, to postpone delivery or performance beyond the duration of the impediment, plus a reasonable start-up period.
(3) However, the customer is in any case entitled to set us a reasonable grace period of at least 14 days in writing if we exceed the agreed delivery date by more than one week. After the fruitless expiry of this grace period, the customer is entitled to withdraw from the contract.
(4) Partial deliveries within the agreed delivery period are permissible. We are entitled to issue corresponding invoices for partial deliveries.
(5) All ancillary transport costs, such as transport insurance, export, import or other permits, and certifications, shall be borne by the customer.
(6) The risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser upon handover to the forwarder, carrier or any other person appointed to carry out the shipment. If the goods are collected by the purchaser or their authorised representative (collection ex-works), the risk shall pass to the purchaser upon notification that the goods are ready for collection.
§ 6 Duty of Examination and Complaint
The customer, being a merchant within the meaning of § 377 of the German Commercial Code (HGB), is obliged to inspect the delivery immediately upon receipt.
(2) Outstanding defects (Defects, shortages and transport damage that are recognisable upon proper examination) must be reported in writing (e.g. by email, fax or letter) immediately, and in any event no later than 5 working days after receipt of the goods, with a precise description of the defects. Transport damage must also be confirmed by the delivery agent (courier, post office or freight carrier).
(3) Latent defects (defects not recognisable even with proper examination) must be notified in writing immediately, but no later than 5 working days after their discovery, with a precise description of the defects.
(4) If the objection is not made in the correct form and within the time limit, the goods shall be deemed to have been approved in accordance with Section 377 (2) and (3) of the German Commercial Code (HGB), and claims for defects shall be excluded.
(5) The customer must provide verifiable proof, such as photographs, serial numbers or product samples, with the complaint.
(1) Statute of limitations: The limitation period for warranty claims shall, deviating from the statutory provision, 12 months from date of delivery of goods. This does not apply to recourse claims by the customer pursuant to Section 445a of the German Civil Code (BGB), provided that the final buyer in the supply chain is a consumer. Nor does it apply to construction works, in cases of wilful concealment of defects by us, or in cases of wilful or grossly negligent breaches of duty; in these cases, the statutory periods shall apply.
(2) RemedyIn cases of justified and duly notified defects, we are entitled, at our discretion, to rectify the defect through supplementary performance or to provide a defect-free replacement delivery (subsequent performance in accordance with Section 439 (1) of the German Civil Code). We shall be afforded at least two attempts at subsequent performance. If subsequent performance fails, the customer may, at their discretion, demand a reduction in price or withdraw from the contract.
(3) Goods that are complained about in a timely and justified manner are to be returned to us free of charge at our request. We will bear the cost of the return in the event of a justified notice of defects.
(4) Partial defects do not entitle the customer to reject the entire delivery and do not give rise to a claim for rescission of the entire contract.
(5) Disclaimer for consequential damagesFurther claims for damages, in particular claims for damages due to lost profits, production downtimes, consequential damage to other items or other financial losses of the customer, are excluded, unless they are based on wilful intent or gross negligence on our part or on the breach of essential contractual obligations (cardinal obligations). In the event of a breach of essential contractual obligations, liability is limited to the foreseeable, contractually typical damage.
(6) The warranty will lapse if the goods are improperly altered, mixed with other goods, further processed or subjected to improper influences by the customer or by third parties, which cause the defect to occur or prevent the determination of the cause of the defect.
(7) The same applies to damage and defects that are attributable, in particular, to natural wear and tear, incorrect installation or commissioning by the customer, improper handling, and failure to follow recommended operating or maintenance instructions.
No guarantee will be provided if parts are replaced or consumables used that do not comply with the original specification.
(9) The customer must make the rejected goods available to us, free of charge, for inspection. If, in exceptional circumstances, the customer requests that warranty work be carried out at a location specified by them, the seller may agree to this request, whereby replacement parts falling under the warranty will be replaced free of charge. However, labour time, travel costs and expenses are to be paid by the customer at the seller's standard rates.
(10) Recourse claims pursuant to Section 445a of the German Civil CodeIf the customer is held liable for a defect that already existed at the time of the transfer of risk by their end customer due to warranty claims, their recourse claims against us pursuant to Section 445a of the German Civil Code (BGB) shall remain unaffected. In this case, the customer must prove that the defect already existed at the time of the transfer of risk to them. The limitation period for recourse claims is two years from the delivery of the goods to the customer.
§ 8 Liability for Advice and Ancillary Obligations
We provide advice and information on the use of our goods to the best of our knowledge and belief.
(2) However, we shall only exclude our liability for such information to the extent legally permissible. The responsibility for the suitability and intended use of the delivered items lies with the customer.
(3) The customer is therefore obliged to check the suitability of the delivery items for their specific purposes themselves.
Unless otherwise specified in these terms and conditions, we shall be liable for damages due to contractual, non-contractual, and statutory obligations only in cases of wilful intent or gross negligence. This also applies to breaches of duty by our legal representatives and vicarious agents.
(2) In the event of a breach of essential contractual obligations (cardinal obligations), we are also liable in cases of simple negligence, limited to the foreseeable damage typical for the contract.
(3) The amount of any claim for damages shall be limited to compensation for foreseeable damage.
(4) We shall not be liable for damage that does not affect the delivery item, in particular for loss of profit or other financial losses suffered by the customer, unless these claims are based on intent or gross negligence.
(5) The foregoing limitation of liability also applies to claims arising from fault in the formation of the contract, breach of ancillary obligations and, in particular, to claims arising from product liability in accordance with § 823 of the German Civil Code (BGB).
(6) Claims for damages based on injury, death or damage to health are excluded from this limitation of liability.
All our deliveries and services are subject to retention of title. Ownership shall only pass to the customer when all our claims arising from the business relationship, as well as those related to the purchased item, have been fully settled.
(2) With an ongoing account, the reserved ownership is considered security for our outstanding claim.
(3) The purchaser is obliged to treat the purchased item with care and, in particular, to insure it adequately at their own expense against fire, water, and theft at its replacement value.
(4) The customer may neither pledge nor assign by way of security the delivered item, ownership of which we have reserved. In the event of attachment or seizure by third parties, he must inform us immediately and provide the necessary assistance to protect our rights.
(5) If the customer defaults on payment, we are entitled to immediately reclaim the goods, without prejudice to the continuation of the contract. If we assert the retention of title, this shall only be considered a withdrawal from the contract if we expressly declare this in writing.
(6) The customer is entitled to process and sell the reserved goods in the ordinary course of business, unless they are in default of payment to us, have ceased payments, or insolvency proceedings have been applied for against their assets.
(7) The customer hereby assigns to us, in full, all claims arising from resale against purchasers or third parties, together with all rights. We accept this assignment.
(8) If the realisable value of the security to which we are entitled exceeds the total amount owed to us by the customer by more than 20%, we shall, at the customer’s request, be obliged to release security of our choice to the extent of such excess.
(9) If we accept the return of goods by mutual agreement, credit will only be given to the value of their fair market value at that time.
Prices and changes to the execution are subject to change.
(2) Deviations in the delivered goods are permissible, provided that the fundamental characteristics and functionality of the ordered goods are maintained and the deviations are reasonable for the customer.
(3) Errors in product descriptions and printing errors are reserved.
(4) In the event of changes that are disadvantageous to the customer, we will inform the customer in good time and grant them the right to withdraw from the contract.
§ 12 Governing Law, Jurisdiction, Place of Performance
The contractual relationship shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance for all obligations arising from the contract shall be our registered office (Möhnesee), even in cases of carriage-paid deliveries.
(3) The place of jurisdiction for all disputes arising from this contractual relationship is Arnsberg. We are also entitled to sue the customer at their registered office.
Additional agreement for the purchase of live animals and co-imports
(1) When shipping live animals, we charge a flat fee per packaging unit (box, plastic bag, rubber, oxygen).
(2) The risk passes to the customer as soon as the goods have been handed over to the person carrying out the transport. This transfer of risk occurs irrespective of whether we carry out the transport with our own vehicles or use third-party contractors, and irrespective of whether we bear the shipping costs.
(3) We guarantee the arrival of live fish that are free from externally recognisable signs of disease. Liability for diseases that occur later and for consequential damage to existing fish stocks is excluded, insofar as this is legally permissible.
(4) Deviating from § 6 paragraph 2 of these terms and conditions Complaints about obvious defects in live animals must be received by us within 24 hours of you receiving the fish. These must be substantiated in writing and documented with meaningful photographs of the animals still in the sealed transport bag. Dead fish must be frozen as proof until the incident has been clarified.
(5) For co-imports, where acceptance of the imported fish in their original packaging has been agreed upon for the day of arrival, the purchaser expressly assumes all risks and obligations arising from the Animal Epidemics Act and the „placing on the market“ of live animals.
(6) For the delivery of live animals from our stock, as well as co-imports, our special conditions and the provisions of § 7 of these General Terms and Conditions shall apply, in particular the shortened limitation period of 12 months.
(7) We exclude any assumption of consequential costs that may arise from the occurrence of diseases, as far as this is legally permissible.
AquaLogistik reserves the right to supply only certified dealers who are licensed in accordance with Section 11 of the German Animal Welfare Act.
If a provision in these terms and conditions is or becomes invalid, the validity of the remaining provisions or agreements shall not be affected.
(2) The ineffective provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
§ 15 Data protection and processing of customer data
(1) The controller for data processing within the meaning of the GDPR is Aqualogistik GmbH, Delecker Weg 30, 59519 Möhnesee. You can reach our Data Protection Officer at: AGAD Service GmbH, Waldring 43, 44789 Bochum, E-mail: datenschutz@agad.de.
(2) We collect, process and use the personal data of our business contacts at the customer (e.g. names, contact details) exclusively for the initiation and execution of the contract in accordance with Art. 6 (1) lit. b GDPR and for maintaining the business relationship based on our legitimate interest in accordance with Art. 6 (1) lit. f GDPR.
(3) Data will only be passed on to third parties if this is absolutely necessary for the performance of the contract (e.g. to transport companies commissioned by us such as DHL, Trans-o-flex, GO! Express or Hellmann in accordance with Art. 6 (1) (b) GDPR) or if we are legally obliged to do so.
(4) Where the customer transmits personal data of their end customers to us (e.g. names, addresses for direct deliveries/drop shipping), the customer ensures that they have obtained the necessary legal grounds in accordance with the GDPR and that the data subjects have been lawfully informed. We process this data exclusively on instruction for the purpose of carrying out the agreed delivery.
(5) Detailed information regarding the processing of personal data, retention periods, and the rights of data subjects (access, rectification, erasure, restriction, objection, and complaint) can be found in our full privacy policy at https://www.aqualogistik.com/datenschutz/ Inspectable.
As of: 27 February 2026 – Aqualogistik GmbH