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TERMS

General Terms and Conditions of Aquatec
(valid from: 1.09.2018)

1. General

The General Terms and Conditions apply to the sale and delivery of goods by our company: Vogelhuber Betriebsges. ltd. & Co KG, Pfluggasse 4 Top 13, 1090 Vienna, Austria. By clicking on the Buy button on the checkout page, the Buyer agrees to and is bound by these Terms and Conditions.
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; We do not recognise any terms and conditions of the customer that are contrary to or deviate from our terms and conditions, unless we have expressly agreed to their validity. In this respect, acts of performance of the contract on our part shall not be deemed to be acceptance of contractual terms that deviate from our conditions. These terms and conditions also apply as framework agreements for all other legal transactions. (Limited to customers with entrepreneurial status.)

All offers on our website are subject to change, non-binding and only available while stocks last. The contract is only valid when an order confirmation has been sent. We deliver our products exclusively to consumers/consumers in Germany and Austria.

2. Order process, order correction, order cancellation

Once the customer has selected the desired product, he can add it to the shopping cart without obligation by clicking on the [Add to cart] button. The customer can view the contents of the shopping cart at any time without obligation by clicking on the displayed product. The customer can remove the products from the shopping cart at any time by clicking on the [x] button. If the customer wants to buy the products in the shopping cart, he must click on the [Checkout] button. The customer will then be asked to enter their details. The customer can place the order as a guest or as a registered user. As a registered user, it is sufficient to enter the login and password set by the user during the initial registration for further orders. The data is transmitted in encrypted form!

After entering the customer data and selecting the type of payment and shipping method, all entries in the order mask can be changed at any time. By clicking on the [buy now] button, the customer completes the order process. The ordering process can be cancelled at any time by closing the browser.

3. Contract language

The content of the contract, all other information, customer service, data information, complaint handling and the business language are offered in German.

4. Prices

The prices are valid at the time of the order including VAT. The prices can be seen in the shopping cart before the conclusion of the contract and then in the order confirmation sent to the customer. Billing is done in euros.

5. Right of withdrawal for consumers

Consumers according to the Consumer Protection Act have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods.

In order to exercise the right of withdrawal, the customer must inform us of the decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). The customer can use the attached model withdrawal form for this purpose, but this is not mandatory. The consumer can also electronically fill in and submit the model withdrawal form or other clear declaration on our website. If the customer makes use of this option, a confirmation of receipt of such revocation will be sent to him immediately (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation (according to revocation instructions)

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. You will bear the direct costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

6. Payment

We accept the following payment methods:

  • Advance payment
  • On account
  • SofortÜberweisung
  • EPS
  • Credit cards
  • PayPal

There are no additional payment fees for these payment methods. All online payment options are adequately secure (at least 128 bit SSL encryption available).

7. Default of payment

The following applies to transactions between entrepreneurs (or entrepreneurs and legal entities under public law, such as the Federal Government, the Länder, municipalities) on the basis of the Late Payment Act: The statutory default interest rate is 9.2 percentage points above the base interest rate. The base interest rate applicable on the first calendar day of a half-year is decisive for the respective half-year (i.e. 1 January for the 1st half of the year, 1 July for the 2nd half of the year).

The base interest rate remains unchanged at -0.12% as of 1 January 2015, the statutory default interest rate for entrepreneurial transactions therefore 9.08% (-0.12% + 9.2 percentage points).

8. Dunning and collection fees

In the event of default of payment, the contractual partner is obliged, regardless of fault, to pay a lump sum of EUR 8 as compensation for debt collection costs incurred by us. In the event of the involvement of a debt collection agency, the contractual partner also undertakes to reimburse the costs incurred by us as a result, provided that these do not exceed the maximum rates of remuneration due to collection agencies according to the regulation of the BMWA (limited to customers with entrepreneurial status).

9. Warranty

The warranty is provided in accordance with the statutory requirements. Determinations.

10. Applicable law, place of jurisdiction

In the case of entrepreneurial transactions, the contracting parties agree on the application of Austrian law. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

For contracts with companies, our registered office is agreed as the place of jurisdiction, as stated in the imprint.

11. Place of Performance for Corporate Transactions


The place of performance for all services under the contract is our company headquarters.

12. Copyright

All messages, graphics, and the design of our website are for the personal information of our customers only and are protected by copyright.

13. Conciliation Board


Consumers have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr .
We participate in the dispute resolution procedure (e.g. Internet Ombudsman: http://www.ombudsmann.at/) not participating.

14. Delivery

Delivery is made via Austrian Post, GLS, DPD, DHL or Spedition Schneker. The goods are shipped with a shipping service provider of our choice, whereby the best possible price/performance ratio is observed in each case. Our sales prices do not include shipping costs. The transport costs can be seen in the order process.

When the goods are shipped, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by us, the risk is already transferred when the goods are handed over to the carrier.

15. Delivery times

Delivery by us is subject to the proviso that we ourselves are supplied correctly and on time and are not responsible for the lack of availability. Unless otherwise agreed or otherwise stated on the item, we deliver within 3-10 working days after your order, but within the legal 30 day period.

If the standard delivery time cannot be met, we will automatically inform the customer by e-mail. If the customer does not agree with the delayed delivery, he is entitled to withdraw from the contract without restrictions. If the delivery takes longer than 30 days and the customer withdraws from the store, the payment already made will be returned immediately

16. Storage of the contract

The text of the contract is stored by us and can be requested by the customer after completion of the order process. The customer can print out the order data immediately after sending it. To do this, the customer can use either the following page "Your order" or the e-mail "Confirmation of receipt". The customer can view and change his orders and personal data at any time by logging into his customer account.
 
17. Miscellaneous

Voluntary Code of Conduct: http://www.euro-label.com/kodex/index.html

 

Vogelhuber Betriebsges. ltd. & Co KG

 

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