General terms and conditions of WM aquatec GmbH & Co.KG
§ 1 Scope of validity, customer information
The following general terms and conditions regulate the contractual relationship between WM aquatec GmbH & Co. KG and the consumers and companies that buy goods via our online shop. We will not recognise any conditions contradicting or deviating from our terms and conditions. The contractual language is German.
§ 2 Conclusion of contract
(1) The services on the internet represent a non-binding invitation for you to purchase products.
(2) You can place one or more products in your shopping basket. During the order process, you will provide your details and choose the payment type and shipping method. Only by clicking the order button will you enter into a binding offer to conclude a purchase agreement. You can make a binding order by telephone or fax as well. The order acknowledgement that you receive immediately thereafter by email or fax does not represent any acceptance of the offer to buy.
(3) We are entitled to accept your offer within 4 working days by sending an order confirmation by email. If the time period stated in sentence 1 expires without receipt of said confirmation, your offer is deemed to be rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase agreement takes place if we immediately accept your offer. If the offer is not immediately accepted, then you are no longer bound by it.
§ 3 Payment options
(1) You can pay for your goods by prepayment and PayPal. We reserve the right to accept or decline specific payment options in the individual case.
(2) If you pay by prepayment and PayPal, the buyer is obligated to pay the purchase price immediately after conclusion of the contract.
§ 4 Customer information: Saving your order details
Your order with details on the closed contract (e.g. type of product, price, etc.) is saved by us. We will dispatch our general terms and conditions to you. However, you can also access these via our website at any time. If you want to save the product description on our shop page for your own use, you can make a screenshot at the time of ordering or print out the entire page.
§ 5 Customer information: Corrections
You can amend your details before placing the order at any time by clicking the “Edit Order” button. We will inform you about other ways to amend your order during the order process. You can also completely terminate the order process at any time by closing the browser window.
§ 6 Retention of title
The purchase item shall remain our property until it have been paid for in full.
§ 7 Statute of limitations on your warranty claims
(1) There are statutory warranty rights in place for our goods.
(2) Warranty period for the goods delivered to business entities
Your warranty claims due to defects of goods come under the statute of limitations of one year from the transfer of risk. Compensation claims, claims due to defects which we fraudulently conceal and claims from a guarantee, which we have provided for the quality of the product are exempt from this regulation. The right of recourse according to Section 478 of the German Civil Code (BGB) is also exempt. The legal statute of limitations periods apply for these excluded claims.
§ 8 Limitations of liability
We exclude our liability for breaches of duty due to slight negligence as far as these do not affect substantial contractual obligations, damages due to injury to life, body or health or guaranties, or as far as claims under the German Product Liability Act (Produkthaftungsgesetz) are not affected. The same applies to breaches of duty committed by our vicarious agents and legal representatives. The contractual obligations include, particularly, the obligation to deliver to the buyer the product and transfer the ownership of it. Furthermore, we must provide the product to you free from material defects and defects of title.
§ 9 Commercial court of jurisdiction
The sole court of jurisdiction for all disputes arising from this contract shall be our place of business, if you are a trader.
Alternative online dispute resolution according to Art. 14(1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act:
The European Commission hosts a platform for online dispute resolution, which you can access at http://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in a dispute settlement procedure before a consumer arbitration board.