General terms and conditions
1. Area of application
1.1 The following terms and conditions for Aquatir GmbH, apply to all contracts concerning the delivery of wares, which are formed between consumers or companies with us in regard to the products displayed in our online shop. Herewith we refuse the inclusion of any kind of foreign terms and conditions.
1.2 A consumer in terms of the following policy is any natural person who enters into legal transaction for a purpose that ist predominantly neither commercial nor self-employed. An entrepreneur is any natural person or legal entity or partnership with legal capacity which, at the time of conclusion of the legal transaction, is acting in the exercise of his or her commercial or self-employed professional activities.
2. Formation of contract
2.1 The subject of the contract is the sale of goods
2.2 the product description contained in our online store do not constitute binding offers, but serve to submit a binding offer on your part.
2.3 The purchase contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” and make changes at any time by clicking on the corresponding button in the navigation bar.
After calling up the “Checkout” page and entering your personal data as well as payment and delivery terms, all final order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal/credit card, etc.) as a means of payment, you will be redirected either to the order overview page of our online store or first to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, select or enter your data there accordingly. You will then be taken back to the order overview page of our online store. Before submitting your order, you have the opportunity to review all information, make changes (you can also use the “Back” button of the Internet browser) and / or cancel the purchase. By sending the order with a click on the button “buy now” you declare the legally binding acceptance of the offer, whereby the purchase contract is concluded.
2.4 When submitting an offer via the online order form, the text of the contract will be stored by us after the conclusion of the contract and transmitted to you in text form (e.g. e-mail, fax or letter) after sending its order. We do not make the text of the contract accessible beyond this. If you have set up a user account in our online store before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the relevant login data.
2.5 The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract is partially automated by e-mail. You should therefore ensure that the e-mail address we have stored for you is correct, that the receipt of e-mails is technically possible and, in particular, that it is not blocked by a SPAM filter.
3. Right of withdrawal; reservation of proprietary rights
3.1 Since our goods are perishable and sealed, the right of withdrawal is excluded pursuant to § 312 g para. 2 No. 2 and 3 BGB.
The goods remain our property until full payment.
3.3 If you are an entrepreneur, the following applies additionally:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security of the reserved goods before transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount from the resale; we hereby accept the assignment. You shall continue to be authorized to collect the receivables. If you do not meet your payment obligations, we reserve the right to collect payments ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
4. Warranty in case of defects
4.1 The statutory warranties for defects apply if you are a consumer. Thus, you are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform us of this. If you do not comply with this, this has no effect on your statutory or contractual claims for defects.
4.2 If you are an entrepreneur, the following applies in deviation from 4.1:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods; however, no other advertising, public promotion or statements by the manufacturer shall apply.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any visible defects within seven days of receipt of the goods; timely dispatch of the notification shall be sufficient to meet the deadline. This period shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide a warranty for the elimination of the defect (rectification) or replacement delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. Subsequent performance shall be deemed to have failed after the second unsuccessful attempt, unless in particular the nature of the item, the defect or other circumstances allow otherwise. In the event of subsequent improvement, we shall not be liable for the higher costs of shipping the goods to a place other than the place of performance, insofar as this shipping does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to damages culpably attributable to us arising from injury to life, limb or health, or to damages based on gross negligence or intent and/or fraudulent intent, or to claims under a right of recourse pursuant to Sections 478 and 479 of the German Civil Code.
4.3 If you act as a merchant within the meaning of § 1 of the German Commercial Code (HGB), you shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
5.1 We shall be liable without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases in accordance with the statutory provisions.
5.2 Insofar as essential contractual obligations are concerned, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.
5.3 In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
5.4 In all other respects our liability is excluded
5.5 According to the current state of technology, we cannot guarantee that data communication on the Internet is error-free and/or available at all times. In this respect, we are also not liable for the constant or uninterrupted availability of the website and the service offered there.
6. Prices and conditions of payment
6.1 The prices and shipping costs listed in the respective offers are final prices. They include all price components including applicable taxes.
6.2 Shipping costs are not included in the purchase price. These can be viewed by clicking on the appropriate button on our website or are indicated in the respective item description; they are also shown separately during the ordering process and must be paid by you additionally, unless you have been assured freight-free delivery.
6.3 The payment methods available to you can be viewed by clicking on the corresponding button on our website or are indicated in the respective item description.
6.4 Unless otherwise specified in the various payment methods, payment claims arising from the concluded contract are due immediately.
7. Shipment and conditions of delivery
7.1 The delivery of goods shall be made by shipping to the delivery address provided by you, unless otherwise agreed. In case of an order via the online order form, the delivery address specified in the online order form shall be decisive.
7.2 The delivery conditions, delivery dates and, if applicable, delivery restrictions can be viewed by clicking on the appropriate button on our website or indicated in the respective item description.
7.3 If the transport company returns the shipped goods to us because delivery to you was not possible, you shall bear the costs for the unsuccessful shipment. This does not apply if you are not responsible for the circumstance that led to the impossibility of delivery or if you were temporarily prevented from accepting the offered service, unless we had given you a reasonable amount of notice.
7.4 Insofar as you are a consumer, the risk of accidental loss or accidental deterioration of the sold goods during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person authorized with the shipment.
7.5 If you are an entrepreneur, delivery and shipment are at your risk.
8. Applicable law, place of fulfilment, court of jurisdiction
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 The place of fulfillment The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before a court at another place of jurisdiction shall remain unaffected.
8.3 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
8.4 Contract languages are German, English and Russian