Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Governing Law
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Aquisplan UG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions 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 commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve as a basis for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/ de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer submits their order. The Seller will not make the contract text available in any other form.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The contract may be concluded exclusively in the German language.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices. Sales tax is not shown, as the seller is a small business within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online store.

4.4 If payment in advance via bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online store. To process payments, Stripe may utilize additional payment services, for which special payment terms may apply, and to which the customer may be separately notified. Further information about Stripe is available online at https://stripe.com/de.

4.7 If the SEPA Direct Debit payment method is selected, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiration of the pre-notification period. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before the expiration of the pre-notification period. “Pre-notification” refers to any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution’s chargeback if they are responsible for this.

4.8 If you select the direct debit payment method via Stripe, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA Direct Debit mandate has been issued, but not before the pre-notification period has expired. Pre-notification refers to any communication (e.g., invoice, policy, contract) sent to the customer announcing a charge via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution’s chargeback if they are responsible for this. The seller reserves the right to conduct a credit check when the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.9 If the payment method “Credit Card via Stripe” is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the purchase price will be refunded without delay.

5.5 Pickup by the Customer is not possible for logistical reasons.

6) Retention of Title

If the seller makes an advance delivery, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.2 If the customer is acting as a business,

the seller may choose the method of subsequent performance;
for new goods, the statute of limitations for defects is one year from delivery of the goods;
for used goods, rights and claims arising from defects are excluded;
the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.3 The limitations of liability and shortened periods set forth above do not apply

to the customer’s claims for damages and reimbursement of expenses,
in the event that the seller fraudulently concealed the defect,
for goods that have been used in accordance with their customary use for a structure and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Governing Law

All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

9) Alternative Dispute Resolution

9.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

9.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.