Terms and Conditions (T&C) and Consumer Information

Please note: As of July 7, 2025: The OS tax procedure has changed (EU VAT)—this means that all information regarding OS on this page is subject to change. We will update it as soon as we have more clarity. 

1. Applicability of the Terms and Conditions

1.1 Distance sales contracts with AQUADEA GmbH via the online store www.aquadea.store are governed by these General Terms and Conditions in the version valid at the time of the order. Any terms and conditions of purchase you use when placing an order are hereby rejected, unless we agree otherwise with you.

 

1.2 Our services are intended for adults—that is, consumers and business owners who are at least 18 years of age.

 

1.3 A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. “Businesses” as defined in these Terms and Conditions are natural persons, legal entities, or partnerships with legal capacity with whom we enter into a business relationship and who act in the course of a commercial or self-employed professional activity.

 

2. Conclusion of the Contract

 2.1 The offers we provide for distance selling do not constitute a binding offer, but rather a non-binding invitation to you to order goods from us via an online process. When placing an order online via the virtual shopping cart, you submit a binding offer to enter into a contract for the items you previously added to the shopping cart during the electronic ordering process by clicking the “Place Order” button on the final order page. Upon receipt of your order, we will immediately confirm it via email or fax, listing the details of the order and including the contract information/Terms and Conditions (order confirmation). The order confirmation does not yet constitute acceptance of your online offer. Visiting this website is voluntary. We likely cannot provide you with a complete list of who is tracking what data here. There are approximately 500 “agencies” worldwide—e.g., the BND, FBI, KGB, CIA, NSA—all of which are likely tracking every move on the web. Therefore, in the cookie banner, we can only display what falls reasonably within our area of responsibility.  

2.2 A sales contract—that is, the binding acceptance of your order—is not concluded until we have received your order in writing (order confirmation by mail, fax, or email), we have sent you a payment request following your order, or the goods have been delivered to you and you have received them. The first of the above events to occur shall be decisive. In this regard, we are entitled to accept your offer to enter into a contract within 3 business days of receiving your order. If we do not accept your offer to enter into a contract, you are no longer bound by your declaration of intent. If, in the latter case, you have already made a payment, we will, of course, refund it to you.

 

2.3 If we offer “PayPal Express” as a payment method during the ordering process and you select this option, by clicking the order button you simultaneously submit a payment order to the payment service provider PayPal (Europe) S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, notwithstanding Section 2.2, we hereby declare that we accept your offer as soon as you click the order button. To use PayPal Express, you need a PayPal account, which is subject to PayPal’s Terms and Conditions. You can view these at the following link: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

 

If you select “Amazon Payments” as your payment method, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter also referred to as “Amazon”). If you select “Amazon Payments” as the payment method during the online ordering process, you are simultaneously issuing a payment order to Amazon by clicking the button that completes the order process. In this case, notwithstanding Section 2.2, we hereby declare our acceptance of your offer upon your clicking of the order button. You can view the Terms of Use for Amazon Payments Europe at the following link: https://payments.amazon.de/help/201751590

 

3. Information About the Contract

 

3.1 As a general rule, we do not store the text of the contract, nor do we otherwise make it available to you after the contract is concluded. However, after you place your order, we will send you an order confirmation along with these Terms and Conditions and consumer information via email, fax, or mail. You also have the option of printing out your order details and the text of the contract while you are placing your order using your browser’s print function.

 

3.2 You have the option to correct any input errors that may have occurred while filling out the order form in the summary view before you submit your order, using the appropriate keyboard commands or mouse clicks. All entries can also be corrected before submitting the order by using your browser’s Back button.

 

3.3 The contract is concluded in German with the company:

 

AQUADEA GmbH

14 Hirschberg Street

85254 Sulzemoos

3.4 We have not adopted any specific code of conduct (set of rules).

3.5 Since the conclusion of the contract and the subsequent order processing with you take place via email (e.g., order confirmation), you are required to ensure that the email address you provided for order processing is active so that emails sent to you regarding order processing are actually received. In particular, if you use spam filters, you must ensure that the order confirmation, as well as all other emails sent to you in connection with order processing, can be delivered to you. As part of the order processing, we may pass on your email address to the shipping company for the purpose of delivery notification.

 

4. Right of Withdrawal

 

Consumers generally have a right of withdrawal. You can find our notice regarding the right of withdrawal for consumers on the separate page titled " Withdrawal Notice/Withdrawal Form".

 

5. Prices, Shipping Costs, Default of Acceptance

 

5.1 Our prices are total prices in euros (EUR) and include the applicable statutory value-added tax. No discounts are offered. You can find the costs for packaging and shipping on the “Delivery, Shipping, Payment” webpage or on the corresponding information page.

 

5.2 If delivery to the address you provided is not possible—for example, because the address information was incorrect—we may charge you for the costs of the unsuccessful shipment. This does not apply in cases where you are not responsible for the inability to deliver, or where you were only temporarily unable to accept the delivery.

 

5.3 For general payment information, please click the "Delivery, Shipping, Payment" button or visit the corresponding information page.

 

5.4 If you choose "PayPal" as your payment method, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the applicable PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

5.5 For cross-border deliveries outside the European Union (e.g., to Switzerland), additional costs may apply in accordance with the applicable local laws, such as additional taxes and/or duties, for example in the form of customs duties. These costs are not additional shipping costs, so you are responsible for paying them. If necessary, please check with the relevant customs authorities in your country before placing an international order.

 

6. Payment Methods, Due Date for Prepayment

 

Please refer to the respective product pages for the payment methods we accept. If we agree with you to accept payment in advance, payment is due immediately upon conclusion of the contract.

 

7. Delivery, Delivery Restrictions, Delivery Times, Transfer of Risk

 

7.1 We ship via a carrier of our choice to the countries we specify. We will use the shipping address you provided when placing your order. Please refer to the website for details regarding shipping terms, delivery times, and shipping restrictions.

 

7.2 If you are a consumer, we bear the shipping risk in all cases, regardless of the shipping method. If you are a business, all risks and perils associated with shipping are transferred to you as soon as we have handed the goods over to the contracted carrier.

 

7.3 Delivery by a freight forwarder:

 

Unless we have agreed otherwise with you, deliveries by a shipping carrier are made only "curbside." This means that the carrier delivers to the nearest public curb at your delivery address.

 

Please note that even “curbside delivery” by our shipping carrier is not possible if the carrier’s truck cannot access even the nearest public curb at your delivery address, e.g., in the following cases:

 

• The delivery address or access road is located on a street where vehicles with a gross vehicle weight of 40 metric tons are prohibited.

• The delivery address or access route is on a street that is narrower than 3.25 meters, or whose width is restricted to less than 3.25 meters at the time of delivery due to obstacles such as parked vehicles or a construction site.

• Your shipping address is on a dead-end street where trucks cannot turn around.

• Your delivery address is located in a traffic-calmed zone or a "play street."

 

If any of the above special circumstances apply to your order, please contact us by phone or email before placing your order to clarify whether delivery is possible in your case and, if so, to what extent.

 

Please make sure you are personally present at the delivery address when the shipping company delivers your goods. Your presence is required to sign for receipt of the goods and, if necessary, to assist with unloading them. In this regard, please let us know if you are unable to lift weights of up to 30 kg. Since the drivers are on their own, a second person must be present at the delivery location to assist with larger and heavier items.

 

Please also note that, for logistical reasons, we are unable to agree on a specific delivery time with you. However, our shipping company will be happy to coordinate a delivery time slot with you by phone for a day of your choice from Monday through Friday (excluding holidays) between 8 a.m. and 1 p.m. or 1 p.m. and 6 p.m. You must be present at the delivery address throughout the entire agreed-upon time slot.

 

8. Reservation Regarding the Supplier’s Own Supply

 

We reserve the right not to deliver the goods if they are unavailable, or—provided it is reasonable for you given the circumstances—to deliver only a portion of the order (subject to our own supply). In either case, we will notify you immediately that the ordered goods are unavailable and that any payment you have already made will be refunded without delay. However, the reservation regarding our own supply applies only if we have concluded a specific covering transaction in a timely manner and are not responsible for the lack of availability, or if we ourselves have been let down by our supplier through no fault of our own. Any further legal claims on your part remain unaffected by this.

 

9. Inspection of the Delivery, Complaints, Defects

 

9.1 We always conduct an outgoing goods inspection before shipping the goods; however, in your own best interest, we recommend that you inspect the delivered goods upon receipt. If you notice any damage or incorrect shipments, please contact us as soon as possible so that we can coordinate the next steps with you.

 

9.2 If you notice any damage to the packaging and/or caused during shipping upon delivery, please have the carrier confirm this in writing at the time of delivery and notify us. We will then coordinate the next steps with you. We recommend that you keep the damaged packaging for evidentiary purposes, if possible.

 

9.3 Failure to comply with the provisions in the preceding two paragraphs shall not affect your rights under the warranty for defects.

 

9.4 If, in the course of commercial business transactions between the contracting parties, a commercial transaction within the meaning of the German Commercial Code (HGB) exists, the commercial duty to give notice of defects pursuant to § 377 HGB shall apply.

 

10. Retention of Title

 

The goods remain our property until you have paid for them in full.

 

11. Liability for Defects, Liability for Other Damages

 

11.1 There is a statutory right to claim for defects in goods, subject to the following conditions:

 

The warranty period for new items is 24 months for consumers; for businesses, the warranty period is limited to 12 months. For used items, the warranty period is 12 months for consumers; for businesses, the warranty is excluded. Claims for damages, claims arising from defects that we have fraudulently concealed, and claims arising from a guarantee that we have provided ensuring that the item will retain a certain quality for a specific period (durability guarantee) are excluded from this provision. The statutory limitation periods apply to these excluded claims.

 

11.2 Our liability for other damages not covered by statutory liability for defects is also governed by the provisions of law.

 

12. Withdrawal from the Contract

 

12.1 We are entitled to withdraw from the contract, including with respect to any outstanding portion of the delivery or service, if you have provided false information regarding your creditworthiness, if objective grounds regarding your solvency have arisen, or if it becomes known that insolvency proceedings have been initiated against your assets or that such proceedings have been dismissed due to a lack of assets sufficient to cover costs. Prior to our withdrawal, you will be given the opportunity to make an advance payment or provide adequate security.

 

12.2 Without prejudice to any claims for damages, in the event of a partial withdrawal, any partial services already rendered shall be billed in accordance with the contract and must be paid by you.

 

13. Severability Clause, Choice of Law, Agreement on Jurisdiction

 

13.1 If any of the foregoing provisions have not become part of this Agreement, in whole or in part, or are invalid, the remainder of this Agreement shall remain in full force and effect.

 

13.2 The contractual relationship and the respective terms and conditions are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer, the statutory provisions of the country of your habitual residence that are mandatory under applicable law remain unaffected by this choice-of-law clause.

 

13.3. If you are a merchant within the meaning of the German Commercial Code (HGB), a public-law corporation, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these General Terms and Conditions is our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown to us at the time the action is filed. Our right to sue you at another statutory place of jurisdiction remains unaffected by this provision.

14 General Terms and Conditions for Redeeming Gift Certificates

The gift certificate can be redeemed at www.aquadea.store.

The gift certificate and any remaining balance can be redeemed until the end of the third year following the year in which the gift certificate was purchased.

The coupon can only be redeemed before completing the order process. It cannot be applied retroactively.

Only one coupon can be redeemed per order.

The gift certificate can only be used to purchase merchandise and not to purchase additional gift certificates.

Voucher balances will not be paid out in cash or earn interest.

The gift certificate is transferable. The seller may make payment to the respective holder with discharging effect. This does not apply if the seller is aware of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

15. Alternative Dispute Resolution

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, and we are generally unwilling to do so.

 

© HZ As of July 10, 2018