GENERAL TERMS AND CONDITIONS OF AQUADEA GMBH

General Terms and Conditions (GTC) and consumer information

1. validity of the conditions

1.1 Distance selling contracts with AQUADEA GmbH via the online stores www.aquadea.store, aquadea-natur.de are based on these General Terms and Conditions in the version valid at the time of the order. We hereby object to any terms and conditions of purchase used by you when placing an order, unless we agree otherwise with you.

1.2 Our offer is aimed at adults, 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 his trade, business or profession. Entrepreneurs within the meaning of the 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 a commercial or independent professional activity.

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, you submit a binding contractual offer for the items that you have previously placed in the shopping cart during the electronic ordering process on the final order page by clicking the order button that concludes the order. Upon receipt of your order, we will confirm it immediately by e-mail or fax, listing the details of the order and containing the contractual information/terms and conditions (order confirmation). The order confirmation does not constitute acceptance of your online offer.

2.2 A purchase contract, i.e. the binding acceptance of your order, is only concluded upon receipt of the acceptance of your order by us in text form (order confirmation by letter, fax or e-mail), payment request by us after your order or delivery of the product(s) to you and receipt by you. The variant above that occurs first is decisive. In this respect, we are entitled to accept your contractual offer within 3 working days of receipt of your order. If we do not accept your contract offer, 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 as part of the ordering process and you select this, by clicking on the order button you also 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 section 2.2, we hereby declare our acceptance of your offer when you click the order button. To use PayPal Express, you need a PayPal account to which the PayPal terms and conditions apply. You can view the latter at the following link: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

3. information on the contract

3.1 The text of the contract will not be saved by us and will not be made accessible to you by us after conclusion of the contract. After your order, however, we will send you an order confirmation together with these GTC and consumer information by e-mail, fax or letter. Using the print function of your browser, you also have the option of printing out the order data and contract text during your order.

3.2 You have the option of correcting input errors that have crept in during the completion of the order before the final submission of your order in a summary by means of appropriate commands via the keyboard or by mouse click. All entries can also be corrected before submitting the order by using the back button of your browser.

3.3 The contract is concluded in German with Firma:

AQUADEA GmbH
Hirschbergstrasse 14
85254 Sulzemoos

3.4 We have not subjected ourselves to any special code of conduct (set of rules).

3.5 Since the conclusion of the contract and the further order processing with you takes place by e-mail (e.g. order confirmation), you are obliged to ensure that the e-mail address you have provided for order processing is activated so that e-mails sent to you for order processing are also received. In particular, when using spam filters, you must ensure that the order confirmation, as well as all other e-mails sent to you for order processing, can be delivered to you. In the course of order processing, we may forward your e-mail address to the shipping company for the purpose of delivery notification.

4. right of withdrawal

Consumers generally have a right of withdrawal. Our instructions on the right of withdrawal for consumers can be found on the extra 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. Discounts are not granted. The amount of the costs for packaging and shipping can be found on the website “Delivery, Shipping, Payment” or on 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 for the costs of the unsuccessful delivery. This does not apply in cases where you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting delivery.

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 “PayPal” payment method, payment will be 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 respective PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5.5 In the case of cross-border deliveries outside the European Community (e.g. to Switzerland), further costs may be incurred in accordance with the statutory provisions applicable there, such as additional taxes and/or duties, for example in the form of customs duties. These costs are not additional shipping costs and are therefore to be borne by you. Please check with the relevant customs authorities in your country before placing an order abroad.

6 Means of payment, due date for advance payment

The means of payment accepted by us can be found on the respective web pages of the offer. If we agree payment in advance with you, payment is due immediately after conclusion of the contract.

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

7.1 We deliver to the countries specified by us using a transport company of our choice. We will use the delivery address you specified when ordering. We will inform you about 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 shall pass to you as soon as the goods have been handed over by us to the commissioned transport company.

7.3 Delivery by forwarding agent:

Unless we have agreed otherwise with you, deliveries by forwarding agents are only made “free kerbside”. This means that the forwarding agent delivers to the nearest public kerbside of your delivery address.

We would like to point out that even a delivery “free kerbside” by our forwarding agent is not possible if the nearest public kerbside of your delivery address cannot be accessed by the forwarding agent’s truck, e.g. in the following cases:

  • The delivery address or access road is located on a road where vehicles with a maximum permissible weight of 40 tons are prohibited.
  • The delivery address or access road is located on a road that is narrower than 3.25 meters or is restricted to a passage width of less than 3.25 meters at the time of delivery due to obstacles such as parked vehicles or a construction site.
  • Your delivery address is located in a dead-end street with no possibility for trucks to turn around.
  • Your delivery address is located in a traffic-calmed zone or a “play street”.

If you have any of the above special requirements, please contact us by phone or email before placing an order to clarify whether or to where 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 shipping company. Your presence is required to acknowledge receipt of the goods and, if necessary, to assist with unloading the goods. In this respect, please let us know if you are unable to lift a weight of up to 30 kg. As the drivers are traveling alone, 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 cannot agree a fixed time for delivery with you. However, our forwarding agent will be happy to arrange a time slot with you by telephone for delivery on a desired day from Monday to Friday (excluding public holidays) between 8 am and 1 pm or 1 pm and 6 pm. 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 that they are not available or, if it is reasonable for you with appropriate justification, to deliver them only partially (reservation of self-supply). In both cases, we will inform you immediately that the ordered goods are not available and that any consideration already paid by you will be refunded immediately. However, the reservation of self-supply shall only apply in the event that we have concluded a specific covering transaction in good time and are not responsible for the lack of availability or we ourselves have been let down by our supplier through no fault of our own. Further legal claims on your part remain unaffected by this.

9. inspection of the delivery, complaints, defects

9.1 An outgoing goods inspection is always carried out before delivery of the goods, but we recommend that you check the delivered goods upon receipt in your own interest. If you notice any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the next steps with you.

9.2 If you notice any packaging and/or transport damage upon delivery, please have this confirmed by the carrier in text form upon delivery and notify us. We will then coordinate the further procedure 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 in the above two paragraphs, this has no effect on the warranty rights to which you are entitled.

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

10. reservation 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 liability for defects for goods with the following conditions:

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

11.2 Our liability for other damages outside the statutory liability for defects shall also be governed by the statutory provisions.

12. withdrawal from the contract

12.1 We are also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if you have made false statements about your creditworthiness or objective reasons have arisen with regard to your ability to pay or if the opening of insolvency proceedings against your assets or the rejection of such proceedings due to a lack of assets to cover the costs becomes known. Before withdrawing, you will be given the opportunity to make an advance payment or provide suitable security.

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

13. severability clause, choice of law, agreement on jurisdiction

13.1 If the aforementioned 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 shall apply to the contractual relationship and the respective terms and conditions. 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 under mandatory law remain unaffected by this choice of law clause.

13.3. Sofern Sie Kaufmann im Sinne des HGB, eine Körperschaft des öffentlichen Rechts oder ein öffentlich-rechtliches Sondervermögen sind, ist ausschließlicher Gerichtsstand für alle Streitigkeiten aus dem Vertrag und diesen AGB unser Geschäftssitz. Dasselbe gilt, wenn der Kunde keinen allgemeinen Gerichtsstand in Deutschland oder der EU hat, oder uns Ihr Wohnsitz, oder Ihr gewöhnlicher Aufenthalt im Zeitpunkt der Klageerhebung nicht bekannt sind. Die Befugnis, Sie auch an einem anderen gesetzlichen Gerichtsstand zu verklagen, bleibt hiervon unberührt.

14 GENERAL TERMS AND CONDITIONS FOR THE REDEMPTION OF VOUCHERS

THE VOUCHER CAN BE REDEEMED AT WWW.AQUADEA.STORE.

THE VOUCHER AND ANY REMAINING CREDIT CAN BE REDEEMED UNTIL THE END OF THE THIRD YEAR AFTER THE YEAR IN WHICH THE VOUCHER WAS PURCHASED.

THE VOUCHER CAN ONLY BE REDEEMED BEFORE COMPLETING THE ORDER PROCESS. SUBSEQUENT OFFSETTING IS NOT POSSIBLE.

ONLY ONE VOUCHER CAN BE REDEEMED PER ORDER.

THE VOUCHER CAN ONLY BE USED FOR THE PURCHASE OF GOODS AND NOT FOR THE PURCHASE OF FURTHER VOUCHERS.

VOUCHER CREDIT IS NEITHER PAID OUT IN CASH NOR DOES IT EARN INTEREST.

THE VOUCHER IS TRANSFERABLE. THE SELLER MAY MAKE PAYMENT TO THE RESPECTIVE HOLDER WITH DISCHARGING EFFECT. THIS DOES NOT APPLY IF THE SELLER HAS KNOWLEDGE OR GROSSLY NEGLIGENT IGNORANCE OF THE INELIGIBILITY, LEGAL INCAPACITY OR LACK OF POWER OF REPRESENTATION OF THE RESPECTIVE HOLDER.

15 Alternative dispute resolution

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

© HZ as of 10.07.2018