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General Terms and Conditions of Business

1. scope of application

The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2 Contractual partner, conclusion of contract

The purchase contract is concluded with Aqua Art AG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.

3. contract language, contract text storage
The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.

4 Delivery conditions

In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.

In principle, you have the possibility of collection at Aqua Art AG, Regensbergstr. 244, 8050 Zurich, Switzerland during the following business hours: Mon-Fri., 8-11.30, 13-17 h or longer by appointment.

 

5. payment

The following payment methods are available in our shop:

payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Purchase on account via BillPay
In order to pay the invoice amount via the online provider BillPay, you do not need to be registered there. After a successful address and credit check within the framework of the order process and submission of the order, we assign our claim to BillPay. In this case you can only pay BillPay with debt-discharging effect. In addition to our General Terms and Conditions, BillPay's General Terms and Conditions and Privacy Policy apply to payment processing via BillPay. For more information and BillPay's full terms and conditions, please visit: https://www.billpay.de/agb/

reckoning
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash payment on pickup
You pay the invoice amount in cash upon collection.

Credit card via Paypal / Postfinance-Card via Postfinance Switzerland
Via the Paypal platform you can pay with your credit card / Postfinance Switzerland debit when ordering

6 Retention of title

The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.


7. transport damage

For consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8 Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

    in the event of injury to life, limb or health
    in the event of intentional or grossly negligent breach of duty or fraudulent intent
    breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
    within the scope of a guarantee promise, if agreed
    insofar as the scope of application of the Product Liability Act has been opened up.

Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 8:00-11.45, 13-17 h (often longer) under the telephone number: DE: 06704 96 990 32 "CH: +41 44 206 50 44 or by e-mail at service@aquaclic.ch

9. liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

    in the event of injury to life, limb or health,
    in case of intentional or grossly negligent breach of duty,
    in the case of guarantee promises, if agreed, or
    insofar as the scope of application of the Product Liability Act has been opened up.

In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

10th Code of Conduct

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

11. settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
12. final provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


GENERAL TERMS created with the Trusted Shops legal copywriter in cooperation

 
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