Terms and Conditions
§ 1 Scope, Definitions
(1) WM aquatec GmbH & Co.KG, Uracher Straße 22, 73268 Erkenbrechtsweiler, Germany (hereinafter: "we" or "WM aquatec") operates an online shop for goods at https://wm-aquatec.de. The following terms and conditions apply to all services between us and our customers (hereinafter: "Customer" or "You") in their version valid at the time of order, unless expressly agreed otherwise.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur obligations.
§ 2 Formation of Contract, Storage of Contract Text
(1) The following provisions on contract formation apply to orders placed via our online shop at https://wm-aquatec.de.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following provisions apply: The customer makes a binding contractual offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g. "Add to cart", "Add to basket" or similar),
- Checking the details in the shopping cart,
- Calling up the order summary by clicking the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "Order summary" or similar),
- Entering/checking address and contact details, selecting payment method, confirming the terms and conditions and withdrawal policy,
- Completing the order by clicking the "Buy now" button. This constitutes your binding order.
The contract is formed when an order confirmation from us is sent to the specified email address within three business days.
(4) In the event of contract formation, the contract is formed with WM aquatec GmbH & Co.KG, Uracher Straße 22, 73268 Erkenbrechtsweiler, Germany.
(5) Before placing the order, the contract data can be printed or saved electronically using the browser's print function. The processing of the order and transmission of all information required in connection with the contract formation, in particular the order data, terms and conditions and withdrawal policy, takes place by email after you trigger the order, partly automated. We do not store the contract text after contract formation.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "Back" button). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the contract formation takes place by email, partly automated. You must therefore ensure that the email address you have registered with us is correct, that the receipt of emails is technically ensured and in particular not prevented by spam filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) The subject matter of the contract in our online shop is: The sale of goods. You can find the specific goods offered on our product pages.
(2) The essential characteristics of the goods can be found in the product description.
(3) For the sale of digital products, the restrictions visible from the product description or otherwise arising from the circumstances apply, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products if the respective item is not marked as free shipping. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system and on the order summary.
(4) All products offered are ready for dispatch immediately unless otherwise clearly stated in the product description (delivery time: 1-3 business days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Hungary, Croatia, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until payment of the purchase price has been made in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breach of contractual obligations and for tort is limited to intent or gross negligence.
(2) We are liable without limitation in the case of slight negligence in the event of injury to life, body or health or in the event of breach of an essential contractual obligation. If we are in default with regard to performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the typically foreseeable damage. An essential contractual obligation is one whose fulfilment is necessary for the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to fulfil the contractually owed performance described in § 3.
§ 8 Contract Language
German is exclusively available as the contract language.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the goods/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
§ 10 Online Dispute Resolution / Consumer Arbitration
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final Provisions
(1) German law applies. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence is not thereby withdrawn (principle of favour).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(3) 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 seat of the provider.
§ 12 Severability Clause
Should individual provisions of this contract be or become invalid or unenforceable, or should the contract prove to be incomplete after the contract has been formed, the validity of the contract in all other respects shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective pursued by the parties with the invalid or unenforceable provision. The foregoing provisions apply accordingly in the event that the contract proves to be incomplete.