AQUACENTRUM

General Business Terms

General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Order process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title; offset; right of retention
8. Warranty and guarantee
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdraw
12. Return policy
13. Return costs on revocation
14. Storage of the contract text
15. Data protection
16. Place of Jurisdiction, Applicable Law, Contractual 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. Ordering process and contract conclusions

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 Afterwards, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the order 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 arrangements

6.1. The customer can choose from the available payment methods within and before the order process.
6.2. If third-party providers are charged with payment processing, e.g. Paypal. their terms and conditions apply.

6.3. Purchase on invoice

If you opt for the ‘Purchase by Invoice’ payment method then the invoice amount must be paid to our external partner BillPay GmbH  . within the payment term mentioned on the invoice (20 or 30 calendar days after the date of the invoice). The ‘Purchase by Invoice’ payment method is not available for all offers and depends on, inter alia, a successful credit check conducted by BillPay.
If you qualify for the ‘Purchase by Invoice payment method we transfer the payment claim after completion of the sales contract concluded with you to BillPay. After the said transfer discharge from your payment obligation is only possible by paying to BillPay. However, we do remain your first point of contact and we also remain responsible for your questions with regard to the purchased products, including the delivery period, shipment, returns and complaints or credit notes. In connection with the payment of the invoice the General Terms and Conditions of BillPay are applicable.

6.4. Direct debit authorisation; administrative charges in case of chargebacks

(a) If you opt for ‘Purchase by Direct Debit’ then you authorise BillPay, in connection with the sales contract concluded by you, to debit and collect the amount payable by you based on the sales contract, as indicated on the invoice, from your bank or giro account specified during the ordering process by direct debit. By agreeing to the direct debit you declare and confirm that you are authorised to dispose of the bank or giro account specified by you and that you provide for sufficient balance on the bank or giro account specified by you. If your bank or giro account does not dispose of the required balance then you cannot be discharged from your payment obligation and you fail to comply with your obligations vis-à-vis BillPay and you are in default, without a further notice of default being required.

(b) The ‘Purchase by Direct Debit’ payment method is not available for all offers and depends on, inter alia, a successful credit check conducted by BillPay and a Dutch bank or giro account. If you qualify for the ‘Purchase by Direct Debit’ payment method then we transfer the claim on the basis on the sales contract concluded with you to BillPay. After the said transfer discharge from your payment obligation is only possible by paying to BillPay.

However, we do remain your first point of contact and we also remain responsible for your questions with regard to the purchased products, including the delivery period, shipment, returns, complaints or credit notes. In connection with the payment of the invoice the General Terms and Conditions of BillPay GmbH are applicable.

(c) By agreeing to the direct debit you declare and confirm that you are authorised to dispose of the relevant bank and giro account and that you provide for sufficient balance on the bank or giro account specified by you. If your bank or giro account does not dispose of the required balance then you cannot be discharged from your payment obligation and you fail to comply with your obligations vis-à-vis BillPay and you are in default, without a further notice of default being required. BillPay will send you a first demand and charge administrative charges to you. If you remain in default after the said first demand then BillPay will charge all reasonable costs to obtain satisfaction, both in and out of court, and from the moment that you are in default you are also liable to pay statutory interest. Partial payments are not effectuated via the direct debit procedure. Chargebacks take up a great deal of time and result in high costs for BillPay. In case of a chargeback (failing sufficient balance on the bank or giro account, due to closing of the bank or giro account or due to an unjustified objection filed by the account holder) or otherwise you authorise BillPay to resubmit the direct debit for the relevant eligible payment obligation. As the occasion arises you are held to compensate BillPay for the costs associated with the chargeback. BillPay reserves the right to also claim other damages. In connection with costs associated with the chargeback, in case of rescission or otherwise termination of the sales contract, a return or a complaint, we request that you do not object to the direct debit. As the occasion arises the repayment of the amount paid by you takes place after consultation with the merchant.

6.5. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay default interest of 5 percentage points above the base rate.
6.6. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.7. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

6.8. Paylater

For installment payments, our Special Terms and Conditions for installment payments apply in addition. If and to the extent that the Special Terms and Conditions for Partial Payment Transactions conflict with these General Terms and Conditions, the Special Terms and Conditions for Partial Payment Transactions shall prevail. The special terms and conditions for partial payment transactions can be viewed here.

7. Retention of title; offset; right of retention

7.1. For consumers, we reserve the ownership of the purchased item until full payment of the invoice amount. Are you an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or public special assets, we reserve the title to the goods until settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.
7.2. ou are only entitled to set-off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you have a right of retention only if and to the extent that your counterclaim is based on the same contractual relationship.
7.3. If the customer is in default of us with any payment obligations, all existing claims will become due immediately.

8. Warranty and guarantee

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

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not a carrier, goods (in the case of separate delivery of goods under a contract for several goods: the last goods; the delivery of a good in several parts or pieces: the last partial consignment or the last, in the case of a contract for the regular supply of goods for a fixed period of time: the first goods).

The revocation must be sent to:

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

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of a withdrawal

If you withdraw from this Agreement, we have chosen to accept all payments received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the one offered by us, favorable standard delivery have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you. For the repayment we do not charge you any fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. The costs for food supplements and IPC products are estimated at a maximum of 15 Euros, for Richway Biomat products at a maximum of 100 Euros.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

11. Exclusion of the right of withdrawal

  • for the supply of goods which, for reasons of health or hygiene, are not suitable for return and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
  • for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
  • for the delivery of goods that are made to customer specifications or clearly tailored to personal needs;
  • to deliver goods that can spoil quickly or whose expiration date would quickly be exceeded.

12. Return policy

12.1. Customers are requested to return the goods to the seller prior to return (Tel: +49 (0) 89 – 41611799-7 or service@aquacentrum.de) to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2. Customers are requested to return the goods as prepaid packages to the seller and to keep the receipt. The seller does not refund the customer the postage costs.
12.3. Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the seller’s possession, other suitable packaging should be used to provide adequate protection against transport damage and to avoid any claims for damages due to defective packaging.
12.4. The modalities mentioned in this section (no. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal in accordance with Art. No. 10 of these Terms.

13. Return costs when cancelling an order

13.1. If the customer is a consumer, he/she has in the case of revocation (see No. 10 of these terms) to bear the regular cost of the return, if the delivered goods are the ordered.
13.2. Otherwise, the return for the customer 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. Privacy

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.

15.5. Identity and credit check when selecting Billpay payment methods

If you opt for the payment methods of our partner BillPay then within the framework of the ordering process you are requested to give consent to the transfer of personal data that are required for the determination of your identity and the assessment of your creditworthiness. If you give consent to this then your name and address details (first name, surname, from of address, address, house number, postcode, place, data of birth, telephone number, email address) and your specified bank or giro account and the data in connection with your order are transferred to BillPay.

For the benefit of the determination of your identity and the assessment of your creditworthiness, BillPay transfers or processors hired by BillPay transfer your data to credit reporting companies and BillPay receives information from them on the basis of mathematical-statistical methods in which, inter alia, your address details are processed. You can find detailed information about this and about the reporting companies used by BillPay in the Privacy Policy of BillPay.

In addition, BillPay can rely on tools to detect and avoid fraud. Data obtained with the said tools are stored by third parties in an encoded manner to ensure that they can only be read by BillPay. Only if you select one of the payment methods of BillPay will the said data be used, otherwise the said data are deleted automatically after 30 minutes.

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.

Alternative dispute resolution art. 14 Abs. 1 ODR-VO und § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.