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General Terms and Conditions (GTCs) for Consumers
Aqua Art AG


1. Scope
2. Contractual partner
3. Offer and Conclusion of Contract
4. 30 Day Money-Back Guarantee
5. Delivery, Shipping Costs, Payment
6. Liability
7. Reservation of Proprietary Rights
8. Jurisdiction
9. Severability Clause
10. Billpay

1. Scope

For all deliveries from Aqua Art AG (hereinafter "we") to consumers (hereinafter "you") these General Terms and Conditions (GTCs) apply in the version at the time of your order. We reserve the right make alternations on these GTCs.

2. Contractual partner

Your contractual partner is Aqua Art AG.

3. Offer and Conclusion of Contract

Presentation of products in our online shop is not a legally binding offer, but an invitation to order. Errors are excepted. 

We strive to present our products true to color. However, they may vary on screen depending on what settings you have.

By clicking the "Purchase" button, you are committing to a binding order. Confirmation of order entry immediately follows, but still does not constitute acceptance of contract. We can accept your order by sending an order confirmation by e-mail or by shipping the product within three working days following your order.

4. 30 Day Money-Back Guarantee

Technical/Installation Problems: 

Please read the supplied or online guide, look in the customer service area at the Tipp+Tricks or contact our Customer Service before returning an item. Normally , we can swiftly resolve installation problems.

2 Day Trial, 30-Day Return Policy

You can test AquaClic products (apart from faucets) for a period of 2 days at your leisure on the relevant water supply. If you are not satisfied, you can return the product within 30 days.

Return

Please communicate the return by telephone or mail. You will receive a return number for uncomplicated handling. 

Please return the item in good-as-new condition, in the original packaging, dry and in such a manner that it will not be damaged, scratched or lost during transport. Otherwise, we reserve the right to charge. Please note the following related tips: 

Return Tips - good-as-new Condition

You can install all AquaClic faucet or shower products by hand (apart from the Publique wall shower head). You will not require a pliers – even while fixing. Pay particular attention, when attaching, that the thread is not at an angle, and do not damage it.

Avoid damage and soiling. Drain and dry products before returning them – you can unscrew shower heads to drain.

If you have paid via credit card, please let us know your bank details for reimbursement in order to avoid high cancellation charges by credit card companies.

5. Delivery, Shipping Costs, Payment

You will find information on delivery times, shipping costs and payment choices here. If you choose to pay by credit card, please take note of the information on credit card chargebacks. If you choose payment on account, we reserve the right for our service provider "Billpay.de" to perform a credit check for invoice processing.

6. Liability

Transport: 

Goods travel at your own risk. In case of possible delays, loss or damage of the shipment, we disclaim responsibility, but will commence, on your behalf, any possible or necessary investigations with the transport provider.

Warranty Guarantee:

For defects which occur despite proper handling and compliance with operating instructions, we will provide free repair or replacement for a period of:

  • 10 years for the AquaClic Publique Wall Shower Head
  • 5 years for the AquaClic Elégance
  • 5 years for the AquaClic Clima against calcification of outlets
  • 3 years for all other products

What if the warranty period has expired, or if the problem is due to a handling error? Please contact us anyway! We will be happy to look into it and offer you a worthwhile solution. Even outside of warranty.

We do not provide customer care or assume liability or offer guarantees for replacement parts or accessories (e.g. adapters, flow regulators, seals, GiroClic, etc.) that are not used in conjunction with AquaClic products for faucet or shower.

We are not liable for damage that is not due to our products. Further claims are excluded.

7. Reservation of Proprietary Rights

Until full payment is made, products remain our property.

8. Jurisdiction

Swiss law applies. Zürich will be the place of jurisdiction. 

9. Severability Clause

If any provisions of this contract should be or become invalid, or contain a breach, the remaining provisions will be unaffected.

10. Billpay

Forms of Payment

(1) Purchase on account

When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (30 calendar days after the billing date). The purchase on the account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. As payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions of Billpay GmbH apply.

(2) Direct withdrawal; Direct withdrawal authorisation; Processing fee for return debits

(a) When purchasing with direct withdrawal, the payment amount is immediately due for collection by our external partner Billpay GmbH to the checking account of the indicated credit institute (the checking account). Herewith, you authorise Billpay GmbH to collect payments made by you using direct withdrawal from your current direct withdrawal checking account. Should the checking account have insufficient funds to cover the direct withdrawal, there is no obligation
for the credit institute to honour the payment. Partial payments are not accepted by direct withdrawal.
(b) The payment by direct withdrawal does not apply to all offers and requires a successful credit check performed by Billpay GmbH as well as an opened checking account in Germany. After the credit check of a specific order, if the customer is approved to use direct withdrawal as a form of payment, the payment will be processed in cooperation with Billpay GmbH, to whom we transfer our account claim. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. As pament on the account via Billpay, we remain responsible for general customer enquiries (e.g. for goods, delivery time, dispatch), returns, complaints, withdrawal of statements and withdrawal of submissions or crediting. The General Terms and Conditions of Billpay GmbH apply.
(c) ) By providing the checking account, you are confirming that you are authorised to use direct withdrawal from the respective checking account and you ensure the necessary funds will be available. Return debits require more effort and are more expensive for us and for Billpay GmbH. In the case of return debit (due to insufficient funds of the checking account, resulting from checking account cancellation
or unauthorised objection of the account holder) you authorise Billpay GmbH to file, again, for direct withdrawal for each payment obligation due. In such case, you are obligated to pay a processing fee of EUR 12.00 per return debit. Further claims are reserved. You will have the option to prove that the returned debt resulted in less or no costs. Considering the efforts and costs for direct withdrawals and in order to avoid the processing fees, we kindly ask you not to reject the direct withdrawal in the event of a cancellation or a withdrawal from the purchase, a return or complaint. In this situation, after our approval of payment cancellation, the corresponding amount or credit note will be repaid.

Limitation of ownership; Compensation; Right of retention

(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.

(2) A right of compensation is available for you if your counterclaims are legally established, recognized or accepted by us. You also have a right of retention only if and when your counterclaim is based on the same contract.


(3) If the customer has any remaining default payments due to us, all existing receivable are due immediately.


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