TERMS AND CONDITIONS
General terms and conditions of Aquadona GmbH
(1) These general terms and conditions apply to all orders that customers place with Aquadona GmbH, Tucholskystraße 18, 10117 Berlin.
(2) The range of goods on our website is aimed exclusively at customers who are regarded as entrepreneurs within the meaning of Section 14 (1) BGB, i.e. acting in the exercise of their commercial or independent professional activity when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of the customer's general terms and conditions, which contradict our general terms and conditions, is already objected to.
Conclusion of contract/prices
(1) By completing the customer's order, the customer submits a binding purchase offer. If we then send an automated confirmation of receipt, this does not yet represent an acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we segregate the goods without prior express declaration of acceptance and send them to the customer.
(2) The prices listed on our website are net prices. In addition, there is the applicable statutory value added tax.
(3) All prices are exclusive of shipping costs.
(1) On our website, payment methods are available to the respective customer on account, in advance, by credit card.
(2) All payments must be made within 7 days of invoicing.
(3) In the case of payment by credit card, the purchase price is reserved on the customer's credit card at the time of ordering (“authorization”). The customer's credit card account is actually charged at the time we ship the goods to the customer.
(4) When paying by credit card, there is a 3% fee.
(5) If the customer defaults on a payment, he is obliged to pay statutory default interest of 9 percentage points above the base interest rate. There is also a right to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
(6) If the customer does not meet his payment obligations on time or it turns out that his financial circumstances are no longer sufficient for any loan or deferral that has been made, we are entitled to immediately make all outstanding claims due or to demand security.
Suspension/right of withholding
(1) The customer is only entitled to set-off if his counterclaim has been legally established or is not disputed by us.
(2) The customer can only assert a right of withholding if his counterclaim is based on the same contractual relationship.
(3) We may assert a right of withholding against all future, including recognized, orders from the customer if the customer fails to comply with his payment obligations.
Delivery/transport risk/delivery dates
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address specified by you. Freight forwarding goods are delivered free curbside, unless otherwise agreed in individual cases.
(2) The risk is transferred to the customer when the goods are handed over to the freight forwarder, carrier or other third party appointed to carry out the shipment. The handover starts at the same time as the loading process. A delay in acceptance by the customer results in the transfer of risk.
(3) We will be released from our services if we were not delivered on time by our suppliers themselves as part of a congruent coverage transaction, unless we ourselves are responsible for the non-delivery. The customer will be informed immediately of the lack of delivery and the payment will be refunded immediately.
(4) If payment in advance has been agreed, specified delivery dates are subject to timely payment. In case of late payment, the delivery date is postponed accordingly.
Retention of title
(1) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. A pledge or transfer of security is not permitted prior to transfer of ownership of the reserved goods.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that the customer accrues from resale. We accept the assignment. However, the customer remains authorized to collect the receivables. If the customer does not properly meet his payment obligations, we reserve the right to collect receivables ourselves.
(3) When combining and mixing the reserved goods, we acquire joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertook to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. It is up to us to select the securities to be released.
(1) Unless otherwise expressly agreed, the customer's warranty claims are based on the statutory provisions of sales law (Sections 433 et seq. BGB) with the modifications specified in the following paragraphs.
(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public offers and statements and other advertising by the manufacturer. Samples, materials and structure of the products may differ from the information on our website. Our information on the subject of the delivery or service, including the illustrations, is only approximate descriptions, unless a precise agreement is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to report obvious defects to us immediately after receipt of the goods. This also applies to hidden defects discovered later on, as soon as they are discovered. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
(4) In the event of defects, we shall, at our option, provide warranty by means of repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs arising from moving the goods to a location other than the place of fulfilment, provided that the transfer does not correspond to the intended use of the goods.
(5) If the subsequent performance fails twice, the customer may, at his option, demand a reduction or withdraw from the contract.
(6) The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damage arising from injury to life, limb or health or from the breach of an essential contractual obligation, the performance of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as to claims based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
(7) Should the delivery of used products be agreed between us and the customer in individual cases, this is done to the exclusion of any warranty.
(1) Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence for damage resulting from injury to the life, body and health of persons.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the foreseeable damage upon conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
(1) Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Only German law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
(3) If you are a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction applies to all disputes arising from or in connection with contracts between us and the customer at our place of business.