Terms and Conditions

General Terms and Conditions and Information Pursuant to the Law Governing Distant Selling

§ 1 Scope of validity

The following General Terms and Conditions as last amended at the time the order is placed shall exclusively apply to the business relationship between AGUAFLUX Systems UG (hereinafter AGUAFLUX) and the customer. Differing conditions of the customer shall not be recognised by AGUAFLUX, unless AGUAFLUX has expressly consented to their validity.

§ 2 Entry into and withdrawal from the contract

(1) AGUAFLUX undertakes to accept the order placed by the customer according to the website conditions. If the website contains any orthographic, typing or arithmetic errors, AGUAFLUX shall be entitled to withdrawal.

(2) In the event that the supplier of AGUAFLUX fails to supply AGUAFLUX with the goods ordered, despite being contractually obligated to do so, AGUAFLUX shall equally be entitled to withdraw from the contract. In this case the customer shall be informed without delay that the product ordered is not available.

§ 3 Customer’s right of revocation

The customer, on its part, may revoke the order in writing (e.g. by letter, fax, e-mail) or by returning the merchandise within two weeks without indication of any reasons. For the purpose of meeting the deadline the timely transmission shall be sufficient. Such revocation shall be addressed to:

Johann-Pullem-Straße 29d
Tel.: +49 2236 8704876

(2) In case of effective revocation the services received by both parties shall be returned. If the customer is only able to return the service received in a deteriorated condition, the customer shall be obligated to pay compensation for the loss in value. This shall not apply if the deterioration of the item exclusively results from its inspection, as would be possible, for example, in a retail store. In case of return out of a consignment of goods whose order value totals up to EUR 100 the customer shall be required to bear the cost of return delivery, provided that the merchandise delivered conforms to the one ordered. Otherwise, the return shall be free of charge to the customer.

(3) After receipt of the item ordered the customer shall have the right to return it within a period of two weeks. Such period shall commence, at the earliest, at the time of receipt of the merchandise and these instructions. For the purpose of meeting the deadline the timely despatch (post stamp) of the merchandise at the expense and risk of AGUAFLUX shall be sufficient. Such return delivery shall be made to the address shown in paragraph 1. If the merchandise is in a deteriorated condition, AGUAFLUX shall be entitled to claim compensation for the loss in value. This shall not apply, if the deterioration of the item exclusively results from inspecting it.

§ 4 Delivery, postage, packaging

(1) Unless agreed otherwise, delivery shall be made ex store to the delivery address indicated by the customer. Details concerning the period of delivery shall be non-binding, unless a specific delivery date was promised on an exceptional basis.

(2) In addition, packaging and forwarding costs shall be charged. They will depend on the quantity, weight and country of destination.

§ 5 Maturity and payment, default

(1) The purchase price shall be immediately due when placing the order. The customer may pay the purchase price by credit card or cash before delivery.

§ 6 Setoff

The customer shall only have a right to setoff, if its counterclaims are established by a court of law or recognised by AGUAFLUX.

§ 7 Reservation of title

Pending the full satisfaction of all claims existing against the customer, the merchandise delivered shall remain the property of AGUAFLUX.

§ 8 Liability for defects

(1) If the item purchased has a defect for which AGUAFLUX is answerable, the customer may demand subsequent performance (rectification of the defect or substitute delivery). Should AGUAFLUX be unable or unwilling to render such subsequent performance because the effort would be disproportionate or should such subsequent performance be delayed beyond a reasonable period for reasons not lying within the scope of responsibility of AGUAFLUX or should subsequent performance fail in any other way, the customer may, at its election, demand a corresponding price reduction or withdraw from the contract and claim damages. AGUAFLUX points out that minor colour differences as may occur between the pictures on the websites and the item delivered are associated with the technical colouring process, thus not representing a defect.

(2) Unless provided for otherwise below, any more extensive claims of the customer, no matter on which legal ground whatsoever, shall be excluded. Hence, AGUAFLUX shall not be liable for damage not incurred on the deliverables themselves. In particular, AGUAFLUX shall not be liable for lost profits or for any other pecuniary losses suffered by the customer. To the extent that AGUAFLUX’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

(3) Limited liability pursuant to paragraph 2 shall not apply, if the cause of damage is based on intent or gross negligence or if personal injury has been inflicted. Furthermore, it shall not apply where the customer asserts claims pursuant to §§ 1, 4 Product Liability Act.

(4) If AGUAFLUX breaches a material contractual duty, its obligation to provide compensation for property damage shall be limited to such property damage as is typically incurred.

(5) The period of limitation applicable to property damage shall be twenty-four months from the date of delivery.

§ 9 Data protection

The customer has been informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal data needed for the execution of orders. Get more infos The customer explicitly agrees to such collection, processing and use of personal data.

§ 10 Applicable law

(1) German law shall apply to the exclusion of the UN Sales Convention.

(2) Unless provided for otherwise in the contract confirmation, the place of performance shall be the place of business of AGUAFLUX Systems UG.

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Date: 1st of March 2010