Amraserstraße 1, 6020 Innsbruck, Austria - hereinafter referred to as “Aquaris”
Valid from 01.08.2009
The following terms and conditions shall apply to any and all deliveries and services. As far as nothing contrary has been stipulated the general terms and conditions (AGB), which have been made available to the contracting partner, shall apply. The contracting partner of Aquaris agrees that in case he himself uses general terms and conditions the terms and conditions shall prevail even if Aquaris has not contradicted the terms of the contracting partner. Contract fulfilling performances on the part of Aquaris shall never be deemed as consent to business terms of the contracting partner. Any and all agreements, later amendments, supplements, subsidiary agreements etc. shall require written form for their validity.
1. OFFERS AND PRICES
The offers of Aquaris shall be subject to change and usually valid for one month. Exceptional agreements may be made in written form. The stated prices shall be generally valid subject to mistakes and printing (typing) errors. Special discount agreements may be made with regard to industrial consumers (resellers & associations). Cash discounts or special discount agreements shall only be acknowledged within the scope of and on the grounds of a written agreement.
In case of serious alterations of the calculation basics (customs duties, delivery costs, purchase prices, wage - & material costs, currency swaps ...) the prices may be adjusted at any time. Any and all prices stated online shall be deemed inclusive of statutory VAT. Resellers shall upon request be allowed their own reseller access with price lists not including VAT calculation.
2. EXPORT TRADE
2.1. EXPORT TO EU-COUNTRIES
Austrian VAT (10%/20%) shall apply with regard to the export of goods to EU-Countries except the following countries:
o) Germany (see 2.3)
2.2. EXPORT TO SWITZERLAND RESP. NON-EU-COUNTRIES
The export to Non-EU-countries (e.g. Switzerland, Liechtenstein etc.) is usually carried out without a calculation of VAT. Possible import duties of a country shall be borne by the customer (customs duty, import sales tax or similar).
2.3. EXPORT TO GERMANY
With regard to exports to Germany Aquaris shall charge German VAT (16%).
3. RETENTION OF TITLE
Any and all goods shall remain the property of Waterworld Aquaris until full payment has been effected.
4. PACKAGING – AND FORWARDING EXPENSES; HANDLING CHARGES
Handling charges shall be imposed if the value of goods is less than Euro 20,00! In all other cases no handling costs shall incur. Delivery expenses depend on selected delivery service, quantity, weight and shipping destination. Bulky goods will lead to addition delivery fees, which we will communicate before delivery. Delivery fees will be calculated during checkout. They can also be calculated in your shopping cart before checkout procedure.
IF WITH REGARD TO AN ORDER RETURN CONSIGNMENTS SHOULD BE MADE AND HENCE THE VALUE OF GOODS SHOULD DROP INTO ANOTHER CATEGORY THE RESPECTIVE FEES SHALL SUBSEQUENTLY BE CHARGED.
5. PAYMENT AND DEFAULT
Possible types of payment: bank transfer upon invoice, bank transfer upon advance payment, cash on delivery, credit card, PayPal. Aquaris herewith reserves the right to change the payment type subsequently in case of: unfavourable payment history of the customer, excess of credit limits. With regard to transfers to bank accounts of Aquaris Aquaris will not charge any fees. Aquaris shall not be charged with any fees in case of bank transfer to accounts of Aquaris. If nevertheless fees are charged at the expense of Aquaris, Aquaris is entitled to charge the customer with this fees. Excess payments (e.g. concerning returns) shall be immediately reimbursed free of charge.
In case of excess of the due date default interest in the amount of 5% p.a. may be charged. Any and all expenses of collection as well as law enforcement costs, resp. higher interest on possible credit accounts on the part of Aquaris shall equally be charged independently from fault regarding the default in payment.
Delivery usually takes place within 1-3 working days from the day of order receipt. In case of delivery periods of more than 7 days the customer shall be contacted. Products which can be delivered as parcels shall be sent by parcel service, bulky goods shall be sent by a forwarding company.
6.1. DEFAULT OF ACCEPTANCE
If the contracting partner is in default of acceptance Aquaris shall be entitled to store the goods or choose a forwarding company for storage demanding a storage charge in the amount of € 1,- /started cubic meter and started calendar day, respectively the storage charges of the chosen forwarding company; at the same time Aquaris shall insist upon fulfilment of the contract.
6.2. DELIVERY AND TRANSFER OF RISK
Unless the buyer does not explicitly choose (written agreement is crucial) other types of forwarding Aquaris shall determine the type of shipment to the best of its knowledge (mail, train, forwarding company). The transfer of risk shall take place at the handing over (of the goods) to the buyer, except in the case when the buyer explicitly chooses a different shipping address.
With respect to any and all legal disputes with the sender (forwarding company) it shall be deemed agreed that Aquaris shall be kept indemnified and held harmless. The buyer shall be encouraged to examine the packaging of the goods at delivery with regard to possible defects and shall document these on the delivery note or the certificate of handover of the shipper. Objectively justified or minor modifications which do not concern the price may be made by Aquaris. This shall particularly apply to reasonable excess of the delivery time. Aquaris herewith reserves minor irregularities concerning colour, form and equipment with regard to the online products, these may not be claimed except in the case that the customer has explicitly asked for products ONLY of specific consistence. An explicit respective written note shall be made on the order.
6.3 DELAY IN DELIVERY
The delivery term shall be deemed fixed insofar as the customer may withdraw from the contract in case of delivery delay after setting a reasonable extension of the delivery term. The handing over of the goods to the shipper shall be deemed as delivery of the order.
7. RIGHT OF REVOCATION
End consumers shall be entitled to revoke their contract declaration in text form (e.g. by letter, fax, E-mail) within two weeks without any statement of reasons or by sending back the goods. Aquaris however recommends the use of the return form added to the goods in order to facilitate the expeditious handling of the revocation. The period shall start to run upon receipt of this instruction at the earliest. The timely forwarding of the revocation (or the goods) shall be sufficient for the respecting of this period. The revocation shall be addressed to WATERWORLD AQUARIS – Amraserstraße 1 – 6020 Innsbruck – Austria. There shall be no right of revocation with regard to personalised products, which have been individually produced for the buyer (e.g. prints of sponsor logos on bathing caps)
8. CONSEQUENCES OF REVOCATION
In case of an admissible revocation performances received on both sides shall have to be returned and possibly drawn benefits (e.g. interest) shall be rendered. If the goods have not been returned wholly or in part or only in a deteriorated condition Aquaris shall be compensated for the loss of value. This shall not apply to goods if the deterioration is exclusively caused by their examination – as such would also have been possible in the shop. For the rest compensation obligations may be avoided by not using the goods as property and by refraining from everything which might impair their value. The costs of return shall be borne by the buyer if the goods correspond to what has been ordered.
9. EXCHANGE; REPRESENTATION AND WARRANTY
If the goods do not meet the ideas of the customer Aquaris shall be pleased to exchange them within a period of 40 days. If you want to give back the goods without exchange, Aquaris accepts the return within 20 days. In case of revocation or exchange the goods shall have to be in a faultless unused condition. The original wrapping may not be damaged, pasted or written upon. Returns freight forward shall be charged subsequently. The buyer shall bear all return costs in any case. If a successful business deal is made at the expense of Aquaris no additional postal charges shall be invoiced for the first exchange. In case of justified faults the buyer shall be reimbursed all postal charges and freight expenses. If the goods and sale wrappings are returned in a condition which represents a decrease in value or which impairs the value of resale Aquaris shall have to charge a certain amount for such decrease in value.
With regard to correctable faults representation and warranty shall be effected by respective correction free of charge within a reasonable period. In case of unrecoverable defects, an unsuccessful correction or in case of delay of correction the customer shall be entitled to redhibitory action or price reduction depending on the type of fault. The goods shall be examined immediately upon delivery. Defects determined shall be announced to the seller immediately, within a period of 4 days from acceptance at the latest, stating type and extent of the defect. Defects already apparent at delivery (e.g. torn wrappings) shall also be announced to the respective forwarder and possible evidence shall be kept for the purpose of preservation. Hidden defects shall be claimed immediately upon detection. If a notice of defects is either not made or not made in time the goods shall be deemed accepted. The claiming of warranty and representation, damages as well as the right to challenge on account of mistake with regard to defects shall be excluded in such cases. The existence of a defect shall not entitle the buyer to correct the defect himself or have it corrected by a third party, but he shall first enable the seller to correct the defect within a reasonable period of time. Statutory periods of representation and warranty shall apply. Guarantees shall be effected according to the provisions of the respective producer.
10. PRODUCT LIABILITY
Possible recourse receivables addressed to Aquaris by contracting partners or third parties on the grounds of “product liability” in the meaning of the product liability Act (PHG) shall be excluded unless the beneficiary proves that the mistake has been caused within our sphere and at least by gross negligence.
11. PROHIBITION OF SET-OFF AND ASSIGNMENT
The contracting partner shall waive the possibility of set-off. This shall however not apply towards consumers in case of insolvency on the part of Aquaris as well as in case of counterclaims which are legally connected to the claim of Aquaris, which have been certified by a Court or which have been acknowledged by Aquaris. In these cases the consumer shall be entitled to set-off. Claims against Aquaris may not be assigned without explicit written consent.
12. PLACE OF PERFORMANCE AND JURISDICTION
Austrian law shall apply. The application of the UN-Treaty on the international purchase of goods shall be excluded. Contract language shall be German. Place of performance and jurisdiction shall be the place of permanent establishment of the supplier A-6020 Innsbruck. In case one of the provisions of the present general terms and conditions should be or become invalid, all other provisions shall remain in force nonetheless.
Contract language, language of orders and business language shall be German. Calculation basis shall be the Euro resp. the current Euro exchange rate. As an additional service for the customers Aquaris offers navigation, product descriptions resp. service sites also in various other languages and the prices in other currencies. In case of doubt however the German version of the sites and the Euro prices shall prevail.
Aquaris herewith acknowledges the ombudsman for the internet as extrajudicial mediation: internet ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, web: www.ombudsmann.at
With regard to possible legal disputes arising from the contract the mandatory consumer law provisions in force at the place of residence of the consumer shall equally be applicable.