General Terms and Conditions

General Terms and Conditions (GTC) and Consumer Information

1. Scope of the terms

1.1 Distance selling contracts concluded with the company AQUADEA GmbH via the online shop www.aquadea.store are governed by these General Terms and Conditions in the version valid at the time of the order. We hereby object to any purchasing conditions used by you when placing the order, unless we agree otherwise with you.

 

1.2 Our offer is directed at persons of full age, i.e. consumers and entrepreneurs who have reached the age of 18.

 

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into a business relationship and who act in the exercise of their trade, business or self-employed profession.

 

2. Conclusion of contract

 2.1 Our offers provided for distance selling do not constitute a binding offer, but a non-binding invitation to you to order goods from us via an online procedure. When ordering online via the virtual shopping cart, by clicking the order button that completes the order on the final order page, you submit a binding contractual offer for the items you previously placed in the shopping cart during the electronic ordering process. After receipt of your order, we will confirm it without delay by email or fax, listing the details of the order and containing the contract information/GTC (order confirmation). The order confirmation does not yet constitute acceptance of your online offer. This website is visited voluntarily. We are probably unable to offer you a complete list of who records which data here. There are approx. 500 "services" worldwide, e.g. BND, FBI, KGB, CIA, NSA ...  which probably all record every movement on the web. So, in the cookie banner we can only display what lies reasonably within our responsibility.  

2.2 A purchase contract, i.e. the binding acceptance of your order, is only concluded upon receipt of our acceptance of your order in text form (order confirmation by letter, fax or email), our request for payment after your order, or delivery of the goods to you and their receipt by you. Whichever of the above occurs first is decisive. In this respect, we are entitled to accept your contractual offer within 3 business days of receipt of your order. Should we not accept your contractual offer, you are no longer bound by your declaration of intent. If, in the latter case, you have already made payment, we will of course refund it to you.

 

2.3 If we offer “PayPal Express” as a payment method in the ordering process and you select it, by clicking the order button you simultaneously issue 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, by way of derogation from clause 2.2, we hereby declare acceptance of your offer as soon as you trigger 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 the payment method "Amazon Payments", payment is processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter also: “Amazon”). If you select “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process you simultaneously issue a payment order to Amazon. In this case, by way of derogation from clause 2.2, we hereby declare acceptance of your offer as soon as you trigger the order button. You can view the user agreement with Amazon Payments Europe at the following link: https://payments.amazon.de/help/201751590

 

3. Information on the contract

 

3.1 As a rule, we do not store the text of the contract, nor do we otherwise make it accessible to you after the contract has been concluded. However, after your order we will send you an order confirmation together with these GTC and consumer information by email, fax or letter. In addition, you can use your browser’s print function to print out the order data and the contract text while placing your order.

 

3.2 You have the opportunity to correct any input errors made while filling out the order in a summary before finally submitting your order, using the corresponding keyboard commands or by mouse click. All entries can also be corrected via the back button of your browser before submitting the order.

 

3.3 The contract is concluded in the German language with the company:

 

AQUADEA GmbH

Hirschbergstrasse 14

85254 Sulzemoos

3.4 We have not submitted to any particular code of conduct (set of rules).

3.5 Since the conclusion of the contract and further order processing with you take place by email (e.g. order confirmation), you are obliged to ensure that the email address you provided for order processing is active, so that emails sent to you for order processing are actually received. In particular, when using spam filters, you must ensure that the order confirmation, as well as all other emails sent to you in the course of order processing, can be delivered to you. In the course of 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 cancellation policy for consumers on the separate page Cancellation Policy/Withdrawal Form.

 

5. Prices, shipping costs, default of acceptance

 

5.1 Our prices are total prices in euros (EUR) including the applicable statutory value added tax. No cash discount is granted. The amount of the packaging and shipping costs can be found on the web page “Delivery, Shipping, Payment” or a corresponding information page.

 

5.2 If delivery to the address you provided is not possible, e.g. because the address details were incorrect, we may charge you the costs of the unsuccessful shipment. This does not apply in cases in which you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting it.

 

5.3 For general payment information, please refer to our "Delivery, Shipping, Payment" button or a corresponding information page.

 

5.4 If you choose the payment method "PayPal", payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the applicable PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

5.5 For cross-border deliveries outside the European Community (e.g. to Switzerland), further costs may arise in accordance with the statutory provisions applicable there, such as additional taxes and/or levies, for example in the form of customs duties. These costs are not additional shipping costs and are therefore to be borne by you. If applicable, please inform yourself at the competent customs authorities of your country before placing an order from abroad.

 

6. Means of payment, due date for payment in advance

 

Please refer to the respective web pages of the offer for the means of payment we accept. If we agree with you on payment in advance, payment is due immediately after conclusion of the contract.

 

7. Delivery, delivery restrictions, delivery times, transfer of risk

 

7.1 We deliver with a transport company of our choice to the delivery countries specified by us. We use the delivery address you provided when ordering. We inform you of delivery conditions, delivery times and delivery restrictions on the web pages of the offer.

 

7.2 If you are a consumer, we bear the shipping risk in any case, regardless of the shipping method. If you are an entrepreneur, all risks and dangers of shipment pass to you as soon as we have handed over the goods to the commissioned transport company.

 

7.3 Delivery by freight forwarder:

 

Unless otherwise agreed with you, deliveries by freight forwarder are made "free curbside" only. This means the freight forwarder delivers to the nearest public curb of your delivery address.

 

Please note that even a delivery “free curbside” by our freight forwarder is not possible if the nearest public curb of your delivery address cannot be reached by the freight forwarder’s truck, e.g. in the following cases:

 

• The delivery address or the access road is located on a road on which vehicles with a permissible gross weight of 40 tons are prohibited.

• The delivery address or the access road is located on a road that is narrower than 3.25 meters or whose passage width is restricted to less than 3.25 meters at the time of delivery by obstacles such as parked vehicles or a construction site.

• Your delivery address is located in a cul-de-sac with no turning space for trucks.

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

 

If one of the above special circumstances applies in your case, please contact us by phone or email before placing an order to clarify whether, or up to which point, delivery can be made in your case.

 

Please ensure that you are personally present at the delivery address when your goods are delivered by the freight forwarder. Your presence is required to sign for receipt of the goods and, if necessary, to help unload them. In this respect, please let us know if you are unable to lift a weight of up to 30 kg. Since the drivers travel alone, a second person must be present at the place of delivery to help with larger and heavier items.

 

Please also note that, for logistical reasons, we cannot agree a fixed time for delivery with you. However, our freight forwarder will be happy to arrange a delivery time window with you by phone on a day of your choice from Monday to Friday (excluding public holidays) between 8 a.m. and 1 p.m. or between 1 p.m. and 6 p.m. Your presence at the delivery address is then required during the entire agreed time window.

 

8. Reservation of self-delivery

 

We reserve the right not to deliver the goods in the event of their non-availability or, if this is reasonable for you with corresponding justification, to deliver them only in part (reservation of self-delivery). In both cases, we will inform you without delay that the ordered goods are not available and that any consideration already provided by you will be refunded without delay. However, the reservation of self-delivery applies only if we have concluded a specific covering transaction in good time 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 statutory claims on your part remain unaffected.

 

9. Inspection of delivery, complaints, defects

 

9.1 An outgoing goods inspection is always carried out before the goods are delivered; however, in your own interest we recommend that you inspect the delivered goods upon receipt. Should you discover damage or incorrect deliveries, please contact us as soon as possible so that we can agree on how to proceed with you.

 

9.2 If you already notice packaging and/or transport damage upon delivery, please have this confirmed in text form by the carrier upon handover and notify us. We will then agree on how to proceed with you. We recommend that you keep the damaged packaging for evidence purposes if possible.

 

9.3 If you do not comply with the provisions of the two preceding paragraphs, this has no effect on your statutory rights in respect of defects.

 

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

 

10. Retention of title

 

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

 

11. Liability for defects, liability for other damage

 

11.1 Statutory liability for defects applies to goods, subject to the following provisions:

 

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

 

11.2 Our liability for other damage outside the statutory liability for defects is likewise governed by the statutory provisions.

 

12. Withdrawal from the contract (rescission)

 

12.1 We are entitled to rescind the contract, including with regard to any outstanding part of the delivery or service, if you have provided false information about your creditworthiness or if objective reasons regarding your solvency have arisen, or if the opening of insolvency proceedings over your assets or the rejection of such proceedings for lack of assets to cover the costs becomes known. Before rescission, you will be given the opportunity to make an advance payment or to provide suitable security.

 

12.2 Without prejudice to any claims for damages, in the event of partial rescission, partial performance already rendered shall be invoiced in accordance with the contract and paid by you.

 

13. Severability clause, choice of law, agreement on place of jurisdiction

 

13.1 If the above provisions have not become part of the contract, in whole or in part, or are invalid, the remainder of the contract shall remain valid.

 

13.2 The law of the Federal Republic of Germany applies to the contractual relationship and to the respective terms and conditions. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are a consumer, the mandatory statutory provisions of the state of your habitual residence remain unaffected by this choice-of-law clause.

 

13.3. If you are a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these GTC is our registered office. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known to us at the time the action is filed. The right to sue you at another statutory place of jurisdiction remains unaffected.

14 General terms and conditions for the redemption of vouchers

The voucher can be redeemed at www.aquadea.store.

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

The voucher can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

Only one voucher can be redeemed per order.

The voucher can only be used to purchase goods and not to purchase further vouchers.

Voucher balances are neither paid out in cash nor bear interest.

The voucher is transferable. The seller may make performance with discharging effect to the respective holder. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the respective holder’s lack of entitlement, legal incapacity or lack of authority to represent.

15. Alternative dispute resolution

We are not obliged and, in principle, not willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

© HZ as of July 10, 2018