I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (bluAqua Service GmbH & Co.KG) via the website www.bluaqua.com. Unless otherwise agreed, the inclusion of your own conditions, if any, is objected to.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase will be placed in the "Shopping Cart". You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to Order" (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop, as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by SPAM filters.
§ 3 Contract duration / termination in subscription contracts
(1) The subscription contract concluded between you and us has the duration specified in the respective offer, hereinafter referred to as "basic term". A basic term of more than 2 years cannot be agreed upon.
(2) If the subscription contract is not terminated by either party one month before the end of the basic term (unless a shorter period is specified in the respective offer), it will be automatically extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is specified in the respective offer).
(4) Any termination must be declared and transmitted either in text form (e.g., email) or via the cancellation button integrated on our website ("Cancel contracts here" or similar designation).
§ 4 Special agreements regarding offered payment methods
(1) Credit check
If we advance payment, e.g. for payment on invoice or direct debit, your data will be passed on for the protection of our legitimate interests for the purpose of credit checking based on mathematical-statistical methods to the Association of Creditreform Clubs e.V. , Hammfelddamm 13, 41460 Neuss, passed on. We reserve the right to refuse you the payment method on invoice or direct debit as a result of the credit check.
(2) SEPA direct debit
When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 2-5 Days after conclusion of the contract.
The deadline for sending the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account by the due date. In the event of a returned direct debit due to your fault, you must bear the incurred bank fee.
(3) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be separately informed about them. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Mollie"
When selecting a payment method offered via "Mollie", the payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "Mollie" may use other payment services; if special payment conditions apply, you will be separately informed about them. More information about "Mollie" can be found at https://www.mollie.com/de.
§ 5 Right of Retention, Retention of Title(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership of the reserved goods is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale in the amount of the invoice amount to us; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory liability for defects exists.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before submitting the declaration of contract by us and the deviation was expressly and separately agreed upon between the contracting parties.
(4) To the extent that you are an entrepreneur, the warranty regulations set forth above apply differently:
a) Only our own specifications and the product description of the manufacturer are considered agreed upon as the quality of the goods, not other advertising, public promotions, and statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless something else results especially from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages caused by us that are attributable to culpable violations of life, body, or health, and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their usual purpose for a building and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(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 state of the consumer's habitual residence (principle of favorability).
(2) Place of performance for all services from the business relationships with us as well as jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if the residence or habitual abode at the time of filing the lawsuit is unknown. The right to also bring the court to another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer information
1. Identity of the seller
bluAqua Service GmbH & Co.KG
Buchenweg 12
29690 Essel a. d. Aller
Germany
Phone: +4950715329670
E-Mail: info@bluaqua.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our general terms and conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system you can print or electronically save the contract data using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If the delivery takes place in countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during dispatch only passes to you upon delivery of the goods, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated for the execution of the dispatch.
If you are an entrepreneur, the delivery and dispatch are at your own risk.
8. Statutory Liability for Defects
The liability for defects is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
9. Contract Duration / Cancellation
Information on the duration of the contract and the cancellation conditions can be found in the regulation "Contract Duration / Cancellation for Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These terms and customer information were created by the lawyers specialized in IT law of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/
last update: 22.10.2024
