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General Terms and Conditions of Business

Terms of contract within the scope of purchase contracts concluded via the platform https://www.aboutwater24.com

between

aboutwater GmbH

Robert-Koch-Str. 2 

82152 Planegg

Phone:+49 (0)89 954 593 – 0

Registered in the Commercial Register of the Munich District Court: HRB 238926.
Represented by Sönke Rocho and Christian Irrgang.
VAT identification number: DE317139775

- hereinafter referred to as "provider

and

the users of this platform designated in § 2 of these GTC - hereinafter "Customer/Customers".

§ 1 Scope of application

The following General Terms and Conditions shall apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order subject to payment", the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.

(2) The supplier then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order at aboutwater24.com" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarised in this e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.

(3) The contract shall be concluded in the languages: German.

§ 3 Delivery, availability of goods, payment modalities

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (invoice address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria.

(4) The customer can make payment in advance, PayPal, PayPal Express Checkout, credit card, SOFORT, invoice. Payment on account is only possible for customers with an order value of € 0.00 or more. Payment on account is possible for customers up to an order value of €0.00.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

§ 4 Retention of title

Until full payment of the purchase price, the delivered goods remain the property of the supplier.

§ 5 Prices and shipping costs

(1) All prices stated on the website of the supplier are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises any right of revocation.

(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Warranty for material defects

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents.

(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the supplier and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

 

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