AQUACENTRUM

General Business Terms

General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Order process and contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment terms
7. Retention of title
8. Defects warranty and warranty
9. Liability
10. Withdrawal
11. Exclusion of the right to withdraw
12. Return policy
13. Return costs when cancelling an order
14. Storage of the terms and conditions
15. Data protection
16. Jurisdiction, Applicable Law, Contract Language

1. Scope

1.1. The business relationship between Aquacentrum e.V., Fraunhofers. 13, 80469 Munich, Germany, (hereinafter ‘Seller’) and the customer (hereinafter ‘Customer’) is subject to the following terms and conditions and valid at the time the order is placed.
1.2. You can contact our customer service for questions and complaints on weekdays from 12:00 to 18:00 o’clock under the telephone number +49 (0) 89 – 41611799-0 and the following email: service@aquacentrum.de.
1.3. Consumers in the sense of these GTC shall mean any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to their validity in writing.

2. Offers and service descriptions

2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of a representation or warranty.
2.2. All offers are ‘while stocks last’, if not stated otherwise in the products. Incidentally, errors and omissions excepted.

3. Order process and contract

3.1. The customer can choose from the range of the seller without obligation and collect them on the [add to cart] in a so-called basket.
3.2 Subsequently, the customer [Proceed to checkout] below with the shopping cart by clicking the button at the end of the ordering process.
3.3. By clicking the [Buy] button, the customer makes a binding offer to purchase the goods in the basket. Before sending the order, the customer can change the data at any time and check. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of the receipt by e-mail, in which the customer’s order is listed again and the customer can print using the ‘print’ (order confirmation) button. The automated confirmation of receipt only documents that the customer’s order is received by the Seller and does not constitute acceptance of the request. The purchase contract is concluded only when the seller sends the ordered product in 2 days to the customer, hands over or dispatches it to the customer within 2 days with a second e-mail, or has confirmed the express order confirmation or has sent the invoice.
3.5. Should the seller provide advance payment, the contract comes into effect when banking information has been sent and payment request has been established. After the seller sends the order confirmation, if the payment has not been received, despite being in arrears, even after a second notice has been sent within 10 calendar days, the seller withdraws from the contract because the order was null and void and the seller has no delivery obligations. The order is then settled for the buyer and seller with no other consequences. Therefore, reserving an article with advance payments can only take place for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices indicated on the merchant’s website are inclusive of applicable taxes.
4.2. In addition to the prices, the seller also calculates the cost of delivery. Shipping fees are communicated to the buyer clearly on the shipping page and as part of the ordering process.

5. Delivery, product availability

5.1. If at the time of the customer’s order the selected product is not available, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller looks from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product is temporarily not available, the seller shall inform the customer immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, the seller also is entitled to withdraw from the contract in this case. Here, the seller will immediately refund the customer. If an advance payment has been agreed, delivery is made after receipt of the invoiced amount.

6. Payment terms

6.1. During and before completing the ordering process the customer can choose from the available payment methods.
6.2. If the payment is per invoice, payment must be made within 14 days after receiving the goods and the invoice. With all other forms of payment, payment in advance shall be made without any deductions.
6.3. If, for the payment process third-parties are assigned, e.g. Paypal, then their terms and conditions apply.
6.4. If the due date of payment determined by the calendar is not complied by the customer, he/she is in arrears. In this case the customer has to pay default interest amounting to 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest includes the assertion that more delay damages are not excluded.
6.6. A right to compensation for the customer is only possible if the counterclaims are legally established or recognized by the seller. The customer can only exercise a right to retain if the claims result from the same contractual relationship.

7. Retention of title

Until full payment of the delivered goods have been received, they remain the property of the seller.

8. Defects warranty and warranty

8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee of the goods supplied by the seller is present only if this has been expressly stated.

9. Liability

9.1. For the seller’s liability for compensation of damage, regardless of the other legal qualifying conditions, following disclaimers and limitations are valid.
9.2. The seller shall be liable without limitations if the damage was caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of essential duties, which endangers the purpose of the contract, or for the breach of duties which endanger the proper execution of the contract and on whose fulfilment the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than the obligations mentioned in the preceding sentences.
9.4. The aforementioned limitations shall not apply to injury to life, limb and health, for defects after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

10. Withdrawal

Withdrawal

You can cancel your contract within 14 days without giving reasons in writing (e.g. letter, fax, email) or – if the goods have been supplied before the deadline – also by returning them. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfil our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. Timely dispatch of the revocation or the product shall suffice to meet the revocation deadline. The revocation must be sent to:

Aquacentrum, owner Yasin Akgün
Fraunhoferstr. 13
80469 München, Deutschland
service@aquacentrum.de
Fax: +49 (0) 89 – 41611799-1
aquacentrum.com

Consequences of a withdrawal

In the case of an effective cancellation the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If the performance and use of the device (e.g. benefits of use) is partly deteriorated or in a deteriorated condition when sent back, you are obliged to render compensation for this. Because of the deterioration of the product and use of it, compensation is only paid so long as the use and deterioration of it is traced back to you, which goes beyond an examination of the properties and operation of the product. By “examining the properties and operation”, it is understood that testing the product takes place usually in the retail shop. Transportable items are to be returned at our own risk. You have to bear the cost of delivery if the returning goods supplied correspond with the goods delivered and when the price of the returned product does not exceed an amount of 40 Euros, or if at the time of cancellation the compensation or contractually conditioned partial payment has not been provided. Otherwise, the return is free of charge. Products which cannot be dispatched shall be collected by the customer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you by sending your withdrawal declaration or the product to us, for us it begins when we receive it.

11. Exclusion of the right to withdraw

The right does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs, or for the delivery of audio or video recordings or software if the delivered data medium has been unsealed by you.

12. Return policy

12.1. Customers are requested, prior to returning the product, to report this to the seller (Tel: +49 (0) 89 – 41611799-7 or service@aquacentrum.de) and announce the return. In this way, they allow the seller the fastest possible arrangement of the products.
12.2. Customers are asked to send the goods as a prepaid package back to the seller and keep the mailing receipt. The seller will refund the customer in advance the cost of postage if requested, unless they are covered by the buyer.
12.3. Customers are asked to avoid damage or contamination of the product. Goods should be sent with all accessories back to the seller if possible in their original packaging. If the original packaging is no longer owned by the vendor, another suitable package should be used to ensure adequate protection against damage in transit and to avoid any damage claims because of damage due to faulty packaging.
12.4. In this section (N. 12), the conditions of modalities referred to do not constitute a requirement for the effective exercise of the cancellation right in N. 10 of these conditions.

13. Return costs when cancelling an order

13.1. If the customer is a consumer, he/she has to bear the cost of delivery if the returning goods supplied correspond with the goods delivered and when the price of the returned product does not exceed an amount of 40 Euros, or if at the time of cancellation the compensation or contractually conditioned partial payment has not been provided.
13.2. Otherwise, the return delivery is free of charge.

14. Storage of the terms and conditions

14.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print out the text of the contract prior to the delivery of the order to the seller by using the print function of their browser in the last step of the order.
14.2. The seller also sends the customer an order confirmation with all order data to the email address provided by the customer. Furthermore, the customer receives a copy of the terms and conditions with his order.

15. Data protection

15.1. The seller shall process personal data of the customer for appropriate purposes and according to statutory provisions.
15.2. The for the purpose of ordering goods, specified personal information (such as name, email address, mailing address, payment data) are used by the seller for fulfilment and handling of the contract. These data will be kept confidential and will not be disclosed to third parties who are not involved in the ordering, delivery and/or payment procedures.
15.3. The customer has the right to obtain information free of charge about the personal data that has been stored by the seller about him or herself. In addition, he/she has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
15.4. For more information about the type, scope, place and purpose of collecting, processing and use of personal data required by the seller can be found in the privacy policy.

16. Jurisdiction, Applicable Law, Contract Language

16.1. Jurisdiction and place of performance is the location of the seller, if the buyer is a merchant, legal entity under public law or special public law fund.
16.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection rules preclude such an application.
16.3. Contract language is German.