General Terms And Conditions
General Terms and Conditions
§ 1 Scope, Definitions
(1) WM aquatec GmbH & Co.KG, Uracher Straße 22, 73268 Erkenbrechtsweiler, Germany (hereinafter referred to as "we" or "WM aquatec GmbH & Co.KG Online Shop") operates an online shop for goods on the website https://wm-aquatec.de. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as "Customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession, where a partnership with legal capacity is a partnership endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations on the conclusion of contracts apply to orders via our online shop at https://wm-aquatec.de.
(2) Our product representations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the order process provided in our online shop. The order process involves the following steps:
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Selection of the desired product,
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Adding the products by clicking the corresponding button (e.g., "Add to Cart", "Add to Bag"),
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Reviewing the information in the shopping cart,
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Accessing the order overview by clicking the corresponding button (e.g., "Proceed to Checkout", "Continue to Payment", "Order Overview"),
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Entering/checking the address and contact details, selecting the payment method, confirming the Terms and Conditions and the Cancellation Policy,
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Completing the order by clicking the "Buy Now" button. This constitutes a binding order.
The contract is concluded when you receive an order confirmation from us by e-mail within three business days.
(4) In the case of a contract being concluded, the contract is concluded with:
WM aquatec GmbH & Co.KG, Uracher Straße 22, 73268 Erkenbrechtsweiler, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. After placing the order, the processing of the order and transmission of all information required in connection with the contract conclusion, particularly the order data, the General Terms and Conditions, and the Cancellation Policy, will be sent by e-mail, partly automated. We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the "back" button of the browser). They can also be corrected by aborting the order process and restarting it.
(7) Order processing and communication in connection with the conclusion of the contract will take place by e-mail, partly automated. Therefore, you must ensure that the e-mail address provided by you is correct and that the receipt of e-mails is technically ensured and not prevented by spam filters.
§ 3 Subject Matter of the Contract and Essential Features of the Products
(1) The subject matter of the contract in our online shop is:
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The sale of goods. Specific products offered can be found 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, restrictions arising from the product description or otherwise from the circumstances, particularly regarding hardware and/or software requirements for the target environment, apply. Unless expressly agreed otherwise, the subject of the contract is solely the private and commercial use of the products without the right to resale or sublicensing.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all components, including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we explicitly offer purchase on account. The available payment methods are displayed on a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred unless the respective article is stated to be free of shipping costs. The shipping costs are clearly communicated to you on the offers, in the shopping cart system, and on the order overview.
(4) Unless otherwise stated in the product description, all products offered are ready for immediate dispatch (delivery time: 1-3 working days after receipt of payment).
(5) Delivery restrictions:
Delivery is available 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 can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal, which is governed by our Cancellation Policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are liable without limitation for slight negligence in cases of injury to life, body, or health, or in the event of the breach of an essential contractual obligation. In case of delay in performance due to slight negligence, impossibility, or breach of an essential contractual obligation, our liability is limited to the foreseeable, contract-typical damage. An essential contractual obligation is one whose fulfillment is essential to the proper performance of the contract and on whose compliance the customer may regularly rely. This includes in particular our obligation to provide the service described in § 3.
§ 8 Language of the Contract
The only language available for the conclusion of the contract is German.
§ 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 products or services provided for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
§ 10 Final Provisions / Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention 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 provider’s registered office.