Terms and Conditions

Terms and Conditions

General Terms and Conditions of JMCorals.com (JadwigaMorska.pl AKWARYSTYKA Marcin Bogutyn), having its registered office in Zabiele 76B, 21300 Zabiele, Poland

phone : +48 518 490 000 (english)

Version valid from 1 February 2020

ARTICLE 1. GENERAL
1. For the purpose of these General Terms and Conditions JadwigaMorska.pl AKWARYSTYKA Marcin Bogutyn is understood as: JMCorals.com.
2. These General Terms and Conditions are part of any and all offers and/or proposals of
and agreements with JMCorals.com to the extent that they do not expressly
deviate from the same in writing.
3. These General Terms and Conditions are also applicable if JMCorals.com must
rely on third parties for the implementation of agreements.
4. Unless stipulated otherwise in writing, the general or specific terms and conditions or
stipulations of third parties are not accepted by JMCorals.com
5. If these General Terms and Conditions and an agreement would contain mutually
conflicting provisions then the agreement shall prevail.

6. If a part of these General Terms and Conditions is invalid or nullified then the remaining
provisions of these General Terms and Conditions shall remain in full force and effect
and the parties shall be held to make an effort to establish an alternative provision in
joint consultation that is valid and best approaches the original intention of the parties.

ARTICLE 2. OFFERS, PROPOSALS, AND CONCLUSION OF AGREEMENTS
1. Any and all offers and/or proposals are subject to contract, unless expressly indicated
otherwise by JMCorals.com
2. Agreements regarding the delivery of goods and/or the supply of services shall only
have binding effect on internet shop www.jmcorals.com after succesful payment.
3. Images, pricelists, folders and the like made available by JMCorals.com remain
the property of JMCorals.com and cannot be copied or made available to third
parties without its consent. They lack any legal effect vis-à-vis third parties and cannot
be relied on by the said third parties vis-à-vis JMCorals.com and must on demand
of JMCorals.com immediately be returned to the same.
7. Additions, changes and/or further arrangements are only valid if they were stipulated
in writing.

ARTICLE 3. PRICES / PRICE INCREASE

1. Any and all prices are, unless indicated otherwise, expressed in euros, including
turnover tax (VAT).
2. JMCorals.com guarantees that price increases shall not take place after the
conclusion of the agreement, unless the price increase is the result or statutory rules
and/or provisions.
3. If the price increase is not the result of statutory rules and/or provisions then the buyer
is entitled to terminate the agreement remotely effective from the day that the price
increase takes effect.

ARTICLE 4. DELIVERY OF PRODUCTS

1. Each and every delivery of sold products is deemed to take place at the location where
the company of JMCorals.com is established. Delivery takes place, at the
discretion of the buyer, through shipment of the sold products by JMCorals.com;
2. The special delivery terms and conditions of article 5 are applicable to living animals. If
the provisions set forth in article 5 are at odds with other paragraphs of article 4 then
the said special delivery terms and conditions are applicable.
3. If products are deliverable from stock then they are shipped immediately after the
order has been placed, except in case of living animals. The delivery of ordered goods
takes place at the postal address known to JMCorals.com , not being of a
temporary nature, and is presented to the natural person present at the delivery
address.
4. The buyer must sign for receipt of the products. This is only different when the buyer
has grounds for rejection as permitted by law.
5. If the buyer rejects to take receipt or fails to provide information or instructions
required for the delivery then the goods shall be stored at the risk and expense of the
buyer.
6. The obligation to deliver of JMCorals.com shall, barring evidence to the contrary,
be met as soon as the goods delivered by JMCorals.com were offered to the
buyer once. In case of home delivery the report of the carrier, comprising rejection of
acceptance, qualifies as full evidence of the offer to deliver, barring evidence to the
contrary.
7. In case of rejection of the offered goods the return shipment and storage costs as well
as the risk of damage or loss of the rejected goods shall fully be at the expense of the
buyer, unless the buyer is on proper grounds entitled to rely on rescission of the sale or
replacement of the goods.
8. If delivery must take place in parts then each and every delivery shall be qualified as an
individual transaction with all associated legal consequences.

ARTICLE 5. SHIPPING TERMS AND CONDITIONS LIVING ANIMALS

1. The customer must personally place a signature for receipt during the first delivery,
even if a parcel is late.
2. The living animals 5 days warranty is only valid upon arrival and for products that are shipped on Monday through Thursday.
3. JMCorals.com is entitled not to ship living animals on a stipulated date due to
certain weather conditions. It goes without saying that the animals shall only be
packaged on the date of shipment in order to avoid stress. Should a shipment
nonetheless take place in the said weather conditions at the request of the customer
then the warranty expires.
4. The customer is requested to accept the parcel, even in case of damage or leakage.
5. If a shipment is rejected, for any reason whatsoever, then the customer is responsible
for the full amount of the invoice.
6. Delays due to weather conditions, technical problems et cetera as a result of which a
shipment is lost do not fall under the warranty policy of JMCorals.com.
7. JMCorals.com shall not be responsible for delays in the delivery by external
parties. This includes (but is not limited to) weather conditions, technical problems or
carelessness.

ARTICLE 6. DELIVERY TIME

1. A delivery time specified by JMCorals.com can never be qualified as a fatal
deadline. The delivery time only takes effect after all required information is in
possession of JMCorals.com after which JMCorals.com shall try to make the
delivery within 14 days.
2. Within the framework of the rules regarding distance purchases JMCorals.com
(the contractor) shall carry out orders expeditiously, however at least within 14 days.
Should this not be possible (because the cold weather) or if there is, for any other reason, question of a delay then the consumer (the client) is informed accordingly within 14 days after having placed the order and shall in that case in any case be entitled to cancel the order
without costs and without any notice of default being required.

ARTICLE 7. RESCISSION

1. Without prejudice to the rights of JMCorals.com by law, JMCorals.com is
entitle to by means of a corresponding written notice suspend or rescind the
agreement either in whole or in part whilst being entitled to compensation for
damages vis-à-vis the buyer if after the conclusion of the agreement facts have come to
the knowledge of JMCorals.com that give JMCorals.com good reason to fear
that the buyer shall not comply with its obligations or if upon the conclusion of the
agreement JMCorals.com requested the provision of security for compliance and
the said security failed to materialise or is insufficient (despite a demand) as also in
case of bankruptcy of the buyer, a winding-up petition filed by the buyer, suspension of
payment or a relevant application, full or partial transfer of the business of the buyer or
the imposition of an attachment on a part of its assets.
2. If circumstances occur with regard to persons and/or materials that JMCorals.com
uses or tends to use during the implementation of the agreement that are of such
nature that the implementation of the agreement becomes impossible or so
burdensome and/or disproportionately expensive that compliance can within reason
no longer be required then JMCorals.com shall be authorised to rescind the
agreement.

3. The right to rescind, as outlined in the previous paragraph, is related to any and all
delivered goods, with the exception of customised products (e.g. skimmers, filters,
aquariums, sumps) and living animals that cannot be returned due to their nature.
Special terms and conditions are applicable to living animals. Products that are not part
of the standard stock that are ordered at the specific request of the customer fall
outside the scope of the right of withdrawal.

ARTICLE 8. FORCE MAJEURE

1. Force majeure is, apart from what is understood as such by law and case law,
understood as any and all circumstances beyond the control of JMCorals.com
that hinder or render the delivery of goods impossible, including but not limited to
industrial action at JMCorals.com and/or suppliers, failures of the internet or
WAP, power failures, disruptions in email traffic and failures of or changes in
technology delivered by third parties.
2. Reliance on force majeure is also possible if the circumstance that hinders (further)
compliance occurs after JMCorals.com should have already complied with the
commitment.
3. If the period during which compliance with the obligation by JMCorals.com is not
possible due to force majeure continues for more than 2 weeks then either party is
authorised to rescind the agreement without in that case being liable to pay
compensation for damages.
4. If upon the occurrence of force majeure JMCorals.com has already partly
complied with its obligations, or can partly comply with its obligations, then it is
entitled to invoice the already delivered and/or the deliverable part separately and the
buyer is held to pay the said invoice as if it regards an individual agreement. This is,
however, not applicable if the already delivered and/or deliverable part has no
independent value.

ARTICLE 9. WARRANTY

1. JMCorals.com offers different warranties for living animals and the special terms
and conditions of article 10 apply.
2. JMCorals.com does not offer a more extensive warranty on delivered products
than the warranty (conditions) of the manufacturer of the said goods, without however
affecting the rights of the buyer deriving from mandatory statutory provisions.
3. JMCorals.com shall, however, never be responsible for the ultimate suitability of
the goods for each and every individual application by the buyer or for potential advice
with regard to the use or the application of the goods.
4. The buyer is held to check the delivered goods immediately upon receipt. If it becomes
apparent that the delivered good is wrong, inferior or incomplete then the buyer must
(before proceeding with a return to JMCorals.com ) immediately report the said
defects to JMCorals.com in writing. Potential defects or incorrectly delivered
goods must and can be reported to JMCorals.com in writing at the latest up to at
most 1 month after delivery. Return of the goods must take place in the original
packaging (including accessories and relevant documentation) and in a new state. If
goods are put into use after observation of a defect, if damages occur after observation
of a defect or in case of encumbrance and/or resale after observation of a defect then
the right to complain and return shall expire in full.
5. If complaints of the buyer are deemed to be justified by JMCorals.com then JMCorals.com shall, at its sole discretion, replace the delivered goods free of charge
or agree on a written settlement with the buyer regarding compensation for damages,
on the condition that the liability of JMCorals.com and therefore the amount of
the compensation shall always be limited to at most the invoice amount of the relevant
goods or (at the discretion of JMCorals.com ) at most the amount paid out, as the
occasion arises, pursuant to the liability insurance of JMCorals.com. Each and
every liability of JMCorals.com for any other form of damages is excluded, also
including additional compensation in any form whatsoever, compensation for indirect
damages or consequential damages or damages due to lost profit.
6. JMCorals.com shall not be liable for damages caused by intent or similar
intentional recklessness of non-managerial personnel.
7. The warranty on delivered products is not applicable if:
A) and as long as the buyer is in default vis-à-vis JMCorals.com;
B) the buyer personally repaired and/or processed the delivered goods or had third
parties repair and/or process the goods;
C) the delivered goods were exposed to abnormal circumstances or were otherwise
handled negligently or in violation of the instructions of JMCorals.com
and/or were handled in violation of the instructions for use mentioned on the
packaging;
D) the inferiority is fully or partly the result of rules that official authorities impose
or shall impose in respect of the nature or the quality of the applied materials.

ARTICLE 10. WARRANTIES LIVING ANIMALS
1. If JMCorals.com nonetheless receives a complaint from the buyer within 5 days
after delivery, within the meaning of article 5, of the living animals purchased by the
buyer then JMCorals.com shall, if the buyer properly demonstrates that the
alleged inferiority cannot be blamed on the buyer and can exclusively be blamed on JMCorals.com, proceed with redelivery of the living animals in a quantity equal to
the originally delivered shipment of living animals in respect of which the buyer
provides the prescribed evidence, to the satisfaction of JMCorals.com, or credit
the buyer in connection therewith, such at the discretion of JMCorals.com
2. Within the time limit as intended in paragraph 1 the buyer is held to send an email to
jmc@jmcorals.com. In the said email the buyer specifies its full name, order
number and the name of the living animals. A clear photo must be sent in attachment
to the email.
3. If delivery took place in the manner as intended in article 5 of these General Terms and
Conditions then the period to complain of 5 days takes effect at the moment that the
living animals were actually received by the buyer however JMCorals.com does
not accept or process a single complaint if the performance of the transport, regardless
of the fact as to whether this takes place by car, boot, train or airplane, is delayed by
any cause whatsoever, not even if the relevant complaint of the buyer is received by JMCorals.com within 24 hours after the buyer has received the living animals.

ARTICLE 11. PAYMENT

1. Unless stipulated otherwise, payment must take place via Skrill, via Paypal or by bank
ARTICLE 12. INTELLECTUAL PROPERTY RIGHTS

1. Unless expressly stipulated otherwise in writing, the full copyrights and all other
intellectual and industrial property rights with regard to the products delivered or the
services supplied by JMCorals.com are vested in JMCorals.com and/or its
suppliers.
2. The parties commit to take sufficient measures in order to ensure confidentiality with
regard to their reciprocal data of a confidential nature of which they take note during
the implementation of the agreement.

ARTICLE 13. COMPLAINTS

1. In case of questions and/or complaints the buyer can call JMCorals.com on
number +48 518 490 000, available from Monday through Friday from 12:00
o’clock to 18:00 o’clock.
2. Complaints are usually handled within 14 days. Should this, for any reason whatsoever,
not be possible then the buyer is informed of the duration of the delay.

ARTICLE 14. APPLICABLE LAW AND DISPUTES

1. Polish law is exclusively applicable to any and all proposals of and agreements with JMCorals.com, also if a commitment is fully or partly performed abroad or if the
party involved in the legal relationship is established or resides there. The applicability
of the Vienna Sales Convention is expressly excluded.
2. The parties shall only rely on the court after they have made every effort to settle a
dispute in joint consultation.

ARTICLA 15. Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us JMCorals.com (JadwigaMorska.pl AKWARYSTYKA Marcin Bogutyn), having its registered office in Zabiele 76B, 21300 Zabiele, Poland jmc@jmcorals.com +48 518 490 000 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a
result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from
this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

For services Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us JMCorals.com (JadwigaMorska.pl AKWARYSTYKA Marcin Bogutyn), having its registered office in Zabiele 76B, 21300 Zabiele, Poland jmc@jmcorals.com +48 518 490 000 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e- mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is
sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of
payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the cancellation period, you
shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Right of Withdrawal for Goods/Services/Digital Content
For digital content
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us JMCorals.com (JadwigaMorska.pl AKWARYSTYKA Marcin Bogutyn), having its registered office in Zabiele 76B, 21300 Zabiele, Poland jmc@jmcorals.com +48 518 490 000 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e- mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is
sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement