General terms and conditions
General terms and conditions for the non-mercantile mail-order business operations
of:
Aquapac-Aquaman Deutschland GmbH
Donaliesstr. 2 B
D-31675 Bückeburg
legally represented by the managing director Petra Lichtenberg.
§ 1 Applicability, general
The following general terms and conditions only apply in at the time of order current wording to business relations between Aquapac-Aquaman Deutschland GmbH and consumer (§ 13 BGB) for all orders which the consumer has given through the online shop “aquapac.de”. Terms different to our rules are applicable only in written form by our company.
Copyright: The use of our trademark, our photos and our texts (even in parts) is only allowed with written permission of our company.
§ 2 Contract partners
The purchase contract is achieved with the company:
Aquapac-Aquaman Deutschland GmbH
Donaliesstr. 2 B
31675 Bückeburg
Germany
legally represented by the managing director Petra Lichtenberg
§ 3 Offer and conclusion of contract
Your order is an offer to Aquapac-Aquaman Deutschland GmbH for a purchase contract conclusion. When You order from us, a detailed order confirmation is sent to Your e-Mail address immediately after sending of the order. This is no binding acceptance of Your order but it informs You that Your order has reached us. The purchase contract becomes effective by shipment of the goods and a second e-Mail confirming the shipment. Products from one and the same order not mentioned in the confirmation are not part of the contract.
With an order You are bound to Your offer for 30 days.
§ 4 Prices
All indicated prices are including German VAT.
Aquapac-Aquaman Deutschland GmbH reserves the right not to deliver before You have paid by prepayment / PayPal or credit card in case You have chosen one of these payment methods or will pay in case of COD delivery (only Germany).
Delivery and shipment costs are additional and will be indicated separately in the order process. Please notice the shipment costs in our shipment cost table.
Shipment to foreign countries can cause additional custom fees raised by customs authorities directly to You. All custom and import fees are to be paid for by the recipient. National import regulations are to be considered by the customer. We are not responsible for our products’ conformity with national rules and laws outside The EU.
§ 5 Cancellation of an order
This term only applies for retail customers (§ 13 BGB). If You are a businessman according to § 14 BGB and order as such this term does not apply for You.
Right of cancellation: You can cancel Your order within 14 days without stating a reason. The cancellation can be in form of text (f.e. letter, fax, e-Mail) or by sending back the goods. The period of cancellation begins not earlier than receipt of this announcement in written form and earliest with receipt of the goods. To keep the term it is sufficient to cancel the order or to return the parcel in time.
Cancellation or goods have to be sent to:
Aquapac-Aquaman Deutschland GmbH
Donaliesstr. 2 B
31 675 Bückeburg
Germany
Fax: +49 (0) 57 22 / 98 10 52
E-Mail: info@aquapac.de
Internet: www.aquapac.de (there is a form for cancellation /return)
Consequences of cancellation: In case of effective cancellation both sides have to deliver received goods, services and payments.
If You deliver the goods incompletely or partially worsened or in incomplete condition You are obliged to compensation.
This does not apply if the goods’ worsening is caused only by their checking comparable to usual checking in a shop. Besides You can avoid the obligation to compensation by not putting the goods into operation as Your own. And by avoiding anything that reduces their value.
Parcel sendable goods are to be returned at our risk.
You regularly have to pay for the return shipment if the delivered goods equate to the ordered and the value of the returned goods is 40 € or less or if at a higher value You have not yet paid completely for them at the time of cancellation.
Otherwise the return shipment is free. Please frank the parcel sufficiently to avoid postage due. We refund the postage immediately. Obligations to compensations are to be paid within 30 days after cancellation.
End of cancellation statement.
Exclusion of the cancellation term.
The right of cancellation does not apply to the delivery of custom made or custom changed goods and to those which are not convenient for return because of their nature or kind.
§ 7 Delivery
Aquapac-Aquaman Deutschland GmbH will handle orders within 72 hours and let the customer know if the ordered products are available. As far as they are available Aquapac-Aquaman Deutschland GmbH will ship them within 10 workdays after receipt of the order.
Should Aquapac-Aquaman Deutschland GmbH not be supplied with the ordered products by its supplier Aquapac-Aquaman Deutschland GmbH reserves the right not to ship or ship just part of the order. In these cases You will be informed immediately and advance payments will be refunded immediately. This is no reason for a right of compensation.
Aquapac-Aquaman Deutschland GmbH will answer inquiries concerning changing, increasing and/or decreasing effected orders in the short term.
If not agreed otherwise the order is shipped as an insured parcel from the company base in Bückeburg to the delivery address indicated by You.
Special and advertised orders are available while stocks last.
If You do take the C.O.D. delivery of ordered goods or if a parcel cannot be delivered because of Your responsibility so that default in acceptance is required Aquapac-Aquaman Deutschland GmbH will charge You with the costs for failed delivery, the free of charge return or the goods’ storage costs.
§ 8 Terms of payment
If nothing else is agreed invoices are payable immediately and without discount. Credit cards will be charged on the day of shipment. In case of late payment Aquapac-Aquaman Deutschland GmbH is eligible to claim interest in account of delay equivalent to 5% p.a. above the European Central Bank’s base rate. If in fact the damage caused by delay is provably higher Aquapac-Aquaman Deutschland GmbH may assert this claim.
Bank charges caused by money transfer from non-European countries are to be paid by the customer.
We reserve the exemption from certain payment methods.
§ 9 Offsetting, retention
You do not have the right to set off own claims against claims of Aquapac-Aquaman Deutschland GmbH unless they are indisputable or legally decided. You only have a right of retention if the claims result from the same contract.
§ 10 Title retention
Delivered goods are property of Aquapac-Aquaman Deutschland GmbH until they are paid for completely.
§ 11 Liability for defects
If there is a fault in the purchased goods statutory provisions apply. Obvious faults in goods and performance must be indicated in written form to Aquapac-Aquaman Deutschland GmbH immediately, at the latest within 14 days after receipt. If faults are not indicated in time the goods are considered as having been approved. Consequently the customer’s rights from liability for defects accordingly expires. Exempted from the liability for defects are damages resulting from general wear and tear, accidental damage f.e. by contact with sharp edges, aggressive gases or fluids, by wrong use or application or a lack of care.
§ 12 Appliable right
German right is effective under exclusion of the UN sale of goods law.
§ 13 Closing provisions
German is contract language.
As far as clauses of these business terms are ineffective usual German law becomes effective.
Updated: March 2009