General terms and conditions

General terms and conditions for the non-mercantile mail-order business operations

of:

Aquapac-Aquaman Deutschland GmbH
Donaliesstr. 2 B
D-31675 Bückeburg

legally represented by the managing director Petra Lichtenberg.

§ 1 Applicability, general

The following general terms and conditions only apply in at the time of order current wording to business relations between Aquapac-Aquaman Deutschland GmbH and consumer (§ 13 BGB) for all orders which the consumer has given through the online shop “aquapac.de”. Terms different to our rules are applicable only in written form by our company.

Copyright: The use of our trademark, our photos and our texts (even in parts) is only allowed with written permission of our company.

§ 2 Contract partners

The purchase contract is achieved with the company:

Aquapac-Aquaman Deutschland GmbH
Donaliesstr. 2 B
31675 Bückeburg
Germany

legally represented by the managing director Petra Lichtenberg

§ 3 Offer and conclusion of contract

Your order is an offer to Aquapac-Aquaman Deutschland GmbH for a purchase contract conclusion. When You order from us in clicking the button "buy" at our Shop, a detailed order confirmation is sent to Your e-Mail address immediately after sending of the order. This is no binding acceptance of Your order but it informs You that Your order has reached us. The purchase contract becomes effective by shipment of the goods and a second e-Mail confirming the shipment. Products from one and the same order not mentioned in the confirmation are not part of the contract.

With an order You are bound to Your offer for 30 days.

§ 4 Prices

All indicated prices are including German VAT.

Aquapac-Aquaman Deutschland GmbH reserves the right not to deliver before You have paid by prepayment / PayPal or credit card in case You have chosen one of these payment methods or will pay in case of  COD delivery (only Germany).
Delivery and shipment costs are additional and will be indicated separately in the order process. Please notice the shipment costs in our shipment cost table.
Shipment to foreign countries can cause additional custom fees raised by customs authorities directly to You. All custom and import fees are to be paid for by the recipient. National import regulations are to be considered by the customer. We are not responsible for our products’ conformity with national rules and laws outside The EU.

§ 5 Cancellation of an order

This term only applies for retail customers (§ 13 BGB). If You are a businessman according to § 14 BGB and order as such this term does not apply for You.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us, (Aquapac-Aquaman Deutschland GmbH, Donaliesstr. 2 B, 31675 Bückeburg, Germany, Tel: +49 (0)5722 - 98 10 50, Fax: +49 (0)5722 - 98 10 52, E-Mail: info@aquapac.de)of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

You can also download the cancellation form directly here on our website https://aquapac.de under this link, as well as in § 5 of our GTC. Fill it out electronically and send it to us electronically to: info@aquapac.de

If you make use of this option, we will immediately send you an e-mail confirming receipt of such a cancellation.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to

Aquapac-Aquaman Deutschland GmbH, Donaliesstr. 2 B, 31675 Bückeburg, Germany

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You are required to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of Instructions on withdrawal

Exclusion of the right of cancellation

the right of cancellation is excluded for contracts/distance selling contracts 

• for the delivery of goods which are manufactured according to customer specifications or which are clearly customised to personal requirements or which are not suitable for return due to their nature,
• for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, 
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. 

The right of cancellation expires prematurely for contracts/distance selling contracts 

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, 
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, 
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 6 Delivery

Aquapac-Aquaman Deutschland GmbH will handle orders within 72 hours and let the customer know if the ordered products are available. As far as they are available Aquapac-Aquaman Deutschland GmbH will ship them within 10 workdays after receipt of the order.

Should Aquapac-Aquaman Deutschland GmbH not be supplied with the ordered products by its supplier Aquapac-Aquaman Deutschland GmbH reserves the right not to ship or ship just part of the order. In these cases You will be informed immediately and advance payments will be refunded immediately. This is no reason for a right of compensation.

Aquapac-Aquaman Deutschland GmbH will answer inquiries concerning changing, increasing and/or decreasing effected orders in the short term.

If not agreed otherwise the order is shipped as an insured parcel from the company base in Bückeburg to the delivery address indicated by You.

Special and advertised orders are available while stocks last.

If You do take the C.O.D. delivery of ordered goods or if a parcel cannot be delivered because of Your responsibility so that default in acceptance is required Aquapac-Aquaman Deutschland GmbH will charge You with the costs for failed delivery, the free of charge return or the goods’ storage costs.

§ 7 Terms of payment

If nothing else is agreed invoices are payable immediately and without discount. Credit cards will be charged on the day of shipment. In case of late payment Aquapac-Aquaman Deutschland GmbH is eligible to claim interest in account of delay equivalent to 5% p.a. above the European Central Bank’s base rate. If in fact the damage caused by delay is provably higher Aquapac-Aquaman Deutschland GmbH may assert this claim.

Bank charges caused by money transfer from non-European countries are to be paid by the customer.

We reserve the exemption from certain payment methods.

§ 8 Offsetting, retention

You do not have the right to set off own claims against claims of Aquapac-Aquaman Deutschland GmbH unless they are indisputable or legally decided. You only have a right of retention if the claims result from the same contract.

§ 9 Title retention

Delivered goods are property of Aquapac-Aquaman Deutschland GmbH until they are paid for completely.

§ 10 Liability for defects

If there is a fault in the purchased goods statutory provisions apply. Obvious faults in goods and performance must be indicated in written form to Aquapac-Aquaman Deutschland GmbH immediately, at the latest within 14 days after receipt. If faults are not indicated in time the goods are considered as having been approved. Consequently the customer’s rights from liability for defects accordingly expires. Exempted from the liability for defects are damages resulting from general wear and tear, accidental damage f.e. by contact with sharp edges, aggressive gases or fluids, by wrong use or application or a lack of care.

§ 11 Appliable right

German right is effective under exclusion of the UN sale of goods law.

§12 Online Dispute Resolution

The European Commission provides a platform for the online dispute resolution (OS).

These are fully available from February 15, 2016 under http://ec.europa.eu/consumers/odr/.

E-Mail: info@aquapac.de

Information according to the Consumer Dispute Settlement Act (VSBG): We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 13 Closing provisions

German is contract language.
As far as clauses of these business terms are ineffective usual German law becomes effective.