Terms and Conditions.
Information for business customers (B2B)

Terms and Conditions.

Information for business customers (B2B).

These General Terms and Conditions apply to Internet sales made through our online store at www.aboutwater-bottles.com between aboutwater GmbH and the customers specified in § 1 of these General Terms and Conditions. Our online store is intended exclusively for business customers (B2B), in particular entrepreneurs as defined in § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law.

Section 1 General terms, scope of customers

1. All offers, sales contracts, deliveries, and services based on orders placed by our customers (hereinafter referred to as "customers") via our online shop www.aboutwater-bottles.com (hereinafter referred to as the "online shop") are subject to these terms and conditions.

2. The product offerings in our online shop are directed exclusively at business customers (within the meaning of section 14 paragraph 1 of the German Civil Code (BGB), meaning natural or legal persons or partnerships with legal capacity acting in the performance of their commercial or independent professional activity) as well as legal entities under public law and special funds under public law. The customer confirms this during the ordering process in the online shop.

3. Customer terms and conditions shall not apply, even if we do not explicitly object to their validity in individual cases.

4. The contract shall be concluded in German.

Section 2 Conclusion of contract

1. Our offers in the online shop are non-binding.

2. Conclusion of contract in the online shop

a) By placing an order in the online shop (clicking "Order with obligation to pay"), the customer makes a binding offer to purchase the product in question. We may accept the offer until the end of the third working day following the day the offer was made.


b) We will send the customer an automatic confirmation of receipt of the offer (summary of the order) promptly after receiving the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us once we declare acceptance to the customer (via email) (order confirmation) or dispatch the goods. The sales contract with the customer is only concluded upon our acceptance.

3. Conclusion of contract via contact forms

a) Customers can submit product enquiries via contact or enquiry forms. Based on the enquiry, we will prepare a custom offer, which will be sent to the customer by email.

b) In this case, the contract is concluded as soon as the customer accepts the offer by email. Unless stated otherwise, the offer is valid for 14 days.

Section 3 Prices and payment

1. Our prices in the online shop exclude VAT. For custom quotes, the prices stated in the quote apply.

2. Shipping costs are specified during the ordering process (online shop) or in the quote (contact form) and must be paid by the customer.

3. Depending on the customer's choice, payment can be made by advance payment, PayPal, credit card, or invoice.

4. Unless otherwise agreed, payment is due immediately upon conclusion of the contract. If delivery on account has been agreed, our invoices are payable within eight days of dispatch of the goods and receipt of the invoice by the customer.

5. The customer is not entitled to offset or withhold payment unless the counterclaims are undisputed or have been legally established.

§ 4 Delivery timeframes, clearance sales, partial shipments

1. All deadlines specified by us or otherwise agreed for the dispatch of goods shall begin (i) if delivery against advance payment, PayPal, or credit card has been agreed, on the day the full purchase price is received (including VAT and shipping costs), or (ii) if delivery on invoice has been agreed, on the day the sales contract is concluded. The decisive factor for meeting the dispatch deadline is the day the goods are handed over by us to the shipping company.

2. Any shipping timeframes stated by us are always approximate and may therefore be exceeded by up to three working days. This does not apply if a fixed delivery date has been agreed. If no timeframe or date for shipping is specified or otherwise agreed, shipping within five working days is deemed to be agreed.

3. We reserve the right to sell off the goods at any time (even if marked as "in stock" on the order form) if payment is made in advance and is not received by us within five working days of our acceptance of the order. In this case, shipping within the agreed or stated timeframe will only take place while stocks last.

4. In the event that our supplier fails to deliver goods on time that were marked as "out of stock" on the order form or were sold off in accordance with paragraph 3, the relevant shipping timeframe shall be extended until delivery is made by our supplier plus a period of three working days, up to a maximum total of three weeks, provided that:

  • the delay in delivery by our supplier is not our fault and
  • we reordered the goods in good time before the conclusion of the purchase contract (or in the event of paragraph 3, at the time of the clearance sale) so that timely delivery could normally be expected.

If the goods are unavailable through no fault of ours, or despite our timely reordering, we are entitled to withdraw from the purchase contract. We will notify the customer immediately of the unavailability of the goods and, in the event of withdrawal, promptly refund any payments made to us.

5. If the customer has purchased multiple products in a single order that can be used separately, we may ship them in separate shipments, in which case we will bear the resulting additional shipping costs. However, if one of the ordered products is marked as out of stock in the online store and the customer requests advance delivery of the products that are in stock, the customer shall bear the resulting additional shipping costs. This does not limit the customer’s statutory rights regarding timely and proper delivery.

§ 5 Type and duration of shipping, insurance, and transfer of risk

1. Unless expressly agreed otherwise, we shall determine the appropriate shipping method and transport company at our reasonable discretion.

2. If the goods are shipped in accordance with the agreements made with the customer without us having undertaken additional installation or assembly work or similar, we are only responsible for the timely and proper handover of the goods to the transport company and are not liable for delays caused by the transport company. Any shipping duration quoted by us (the period between handover to the transport company and delivery to the customer) is therefore non-binding.

3. If we only owe the shipment of the goods (paragraph 2), the risk of accidental loss, damage, or destruction of the delivered goods passes to the customer upon delivery of the goods to the transport company.

4. We will insure the goods against standard transport risks at our own expense.

§ 6 Retention of title

1. We retain ownership of the goods supplied by us until the purchase price (including VAT and shipping costs) for the goods in question has been paid in full.

2. The customer is not entitled to dispose of the ownership of the goods supplied by us that are still subject to retention of title ("reserved goods") without our prior written consent. The disposal of the customer's legal position with regard to the reserved goods (known as a prospective right) remains permissible as long as the third party is informed of our ownership rights.

3. The customer shall handle the reserved goods with care.

4. In the event of third-party attachments to the reserved goods – particularly by bailiffs – the customer must draw attention to our ownership and notify us immediately so that we can enforce our ownership rights.

5. In the event of late payment, we are entitled to demand the return of the goods subject to retention of title, provided that we have rescinded the contract.

§ 7 Warranty

1. If the delivered goods are defective, we can choose whether to remedy the defect or supply defect-free goods; however, this choice can only be communicated to the customer in text form (including by fax or email) within five working days of receiving notification of the defect.

2. If the remedy pursuant to paragraph 1 fails, is unreasonable for the customer, or we refuse to provide the remedy, the customer is entitled, in each case in accordance with applicable law, to rescind the purchase contract, reduce the purchase price, or claim damages or reimbursement of its wasted expenses. However, the special provisions of Section 8 of these General Terms and Conditions apply to the customer’s claims for damages.

3. The customer must carefully inspect the goods immediately upon receipt. The delivered goods shall be deemed to have been accepted by the customer unless we are notified of a defect (i) within five business days of delivery in the case of obvious defects, or (ii) otherwise within five business days of the defect’s discovery.

§ 8 Liability

1. Our liability for delayed delivery is limited to 30% of the respective purchase price (including VAT) with respect to business customers, except in cases of intent or gross negligence.

2. We shall not be liable in cases of ordinary negligence (including on the part of our agents), unless such negligence involves a breach of material contractual obligations.

3. We are not liable (regardless of the legal grounds) for damages that are not typically to be expected during normal use of the goods. Cases of intent or gross negligence are excluded.

4. To the extent that we provide technical information or advice, and such information or advice is not included in the scope of services we are contractually obligated to provide, it is provided free of charge and without any specific warranty as to its accuracy.

5. The restrictions of this § 8 do not apply to our liability for guaranteed characteristics pursuant to § 444 of the German Civil Code (BGB), for injury to life, limb, or health, or under the Product Liability Act.

§ 9 Data protection

We may only process and store data relating to the respective purchase contracts within the framework of applicable statutory regulations.

Details can be found in the privacy policy available on our website.

§ 10 Applicable law and place of jurisdiction

1. Subject to mandatory provisions of international private law, the sales contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

2. If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Munich shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction under statutory provisions.