Terms customer information
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. payment arrangements
7. Retention of title; On Bill; Right of retention
8. Warranty and warranty
9. Liability
10. Withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Return costs in the event of cancellation
14. Storage of the contract text
Privacy Policy
16. Jurisdiction, applicable law, contract language
1. Scope
1.1. For the business relationship between Aquacentrum, owner Yasin Akgün, Münchenerstr. 4a. 85748 Garching, Germany, (hereinafter “Seller”) and the customer (hereinafter “Customer”) exclusively apply the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 12:00 p.m. to 18:00 p.m. on +49 (0) 89 – 41611799-0 and by email at service@aquacentrum.de .
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but a solicitation of an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks last, unless otherwise stated. Errors and omissions are reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button.
3.2 The customer can then proceed to complete the ordering process using the [Continue to checkout] button in the shopping cart.
3.3. Using the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the function "print" (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not represent acceptance of the request. The purchase contract is only concluded when the seller sends the ordered product to the customer within 2 days or dispatches it Has confirmed to the customer within 2 days with a second e-mail, express order confirmation or delivery of the invoice.
3.5. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received by 10 within one calendar day after the order has been sent, the vendor will withdraw from the contract with the result that the order is lapsed and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with prepayment payments therefore takes place longest for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
5. Delivery, product availability
5.1. If no copies of the product selected by the customer are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also immediately inform the customer of this in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments the customer may have already made. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
6. payment arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process.
6.2. If third parties are charged with the payment processing, eg Paypal. Their general terms and conditions of business apply.
6.3. Purchase on account
When purchasing on account, the invoice amount is due for payment to us on the calendar day stated in the invoice (20 or 30 calendar days after the invoice date). external partner Billpay GmbH due. The purchase on account payment method is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH.
If the customer is permitted to purchase on account for certain offers after checking their creditworthiness, the payment will be processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can only make payments to Billpay GmbH with debt-discharging effect. Even when purchasing on account via Billpay, we remain responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, declarations of cancellation and deliveries or credit notes. These apply General terms and conditions of Billpay GmbH.
6.4. purchase by direct debit; direct debit authorization; Processing fee for return debits
(a) When purchasing by direct debit, the payment amount is to be paid immediately by direct debit external partner Billpay GmbH from the checking account specified in the ordering process at the credit institution specified there (the checking account).
You hereby grant Billpay GmbH a SEPA direct debit mandate to collect due payments and instruct your financial institution to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be communicated to you by email at a later date.
Note: You can request a refund of the amount charged within eight weeks, starting from the debit date. The conditions agreed with your financial institution apply. Please note that the outstanding claim remains even if a direct debit is returned. Further information can be found at www.billpay.de/sepa. The advance information regarding the collection of the SEPA direct debit will be sent to you by email at least one day before the due date to the email address you provided during the ordering process. If the checking account does not have the required funds, the bank holding the account has no obligation to redeem it. Partial redemptions will not be made using direct debit.
(b) The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by the Billpay GmbH as well as a current account held in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking their creditworthiness, the payment will be processed in cooperation with Billpay GmbH, to whom we assign our payment claim. The customer
In this case, the payment can only be made to Billpay GmbH with a debt-discharging effect.
Even when purchasing by direct debit via Billpay, we remain responsible for general customer inquiries (e.g. about the goods, delivery times, shipping), returns, complaints, cancellation declarations and shipments or credit notes. The General terms and conditions of Billpay GmbH.
(c) By specifying your checking account, you confirm that you are authorized to direct debit via the corresponding checking account and will ensure the necessary funds. Return direct debits involve a lot of effort and costs for us and Billpay GmbH. In the event of a return direct debit (due to insufficient funds in the current account, due to the expiry of the current account or an unjustified objection by the account holder), you authorize Billpay to submit the direct debit for the payment obligation due in each case again.
In such a case, you are obliged to pay the costs resulting from the return debit. Further demands are reserved. In view of the effort and costs for return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the payment will be reversed by transferring the corresponding amount back or by crediting it.
6.5. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay default interest of 5 percentage points above the base interest rate.
6.6. The customer's obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.7. The customer shall only be entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
6.8. Paylater
Our special contractual conditions for installment transactions also apply to installment transactions. If and to the extent that the special contractual conditions for installment transactions contradict these general terms and conditions, the special contractual conditions for installment transactions take precedence. You can read the special contractual conditions for installment transactions here. . view
7. Retention of title; On Bill; Right of retention
7.1. For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
7.2. You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
7.3. If the customer is in default with any payment obligations to us, all existing claims become due immediately.
8. Warranty and warranty
8.1. The warranty is determined by law.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided and is noted as such on the invoice.
9. Liability
9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller's liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Withdrawal
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier receives the goods (in the case of separate delivery of goods based on a contract for several goods: the last goods; in the case of a contract for the delivery of goods in several partial consignments or pieces: the last partial consignment or the last piece; in the case of a contract for the regular delivery of goods over a fixed period of time: the first good).
In order to exercise your right of withdrawal, you must inform us,
Aquacentrum, owner Yasin Akgün
Münchenerstr. 4a
85748 Garching Germany
service@aquacentrum.de
Fax: +49 (0) 89 – 41611799-1
www.aquacentrum.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you cancel this contract, we will have paid you all payments received from you, including delivery costs (except for additional costs arising from you choosing a method of delivery other than that offered by us, cheap standard delivery have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we will use the same payment method that you used for the original transaction, unless something different was expressly agreed with you. Under no circumstances will we charge you any fees for the repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. The costs are estimated at a maximum of EUR 15 for nutritional supplements and IPC products and a maximum of EUR 100 for Richway Biomat products.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
11. Exclusion of the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts
- for the delivery of goods that are unsuitable for return for reasons of health or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- to supply goods that are made to customer specifications or clearly tailored to personal needs;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded.
12. Returns
12.1. Before returning, customers are asked to report the return to the seller (Tel: +49 (0) 89 – 41611799-7 or service@aquacentrum.de) to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2. Customers are asked to send the goods back to the seller as a prepaid package and to keep the delivery receipt. The seller does not reimburse customers for postage costs.
12.3. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be sent back to the seller in the original packaging with all accessories. If the original packaging is no longer in the possession of the seller, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by inadequate packaging.
12.4. The modalities mentioned in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal in accordance with No. 10 of these General Terms and Conditions.
13. Return costs in the event of cancellation
13.1. If the customer is a consumer, in the event of revocation (see No. 10 of these General Terms and Conditions), he must bear the regular costs of returning the goods if the goods delivered correspond to those ordered.
13.2. Otherwise, the return for the customer is free of charge.
14. Storage of the contract text
14.1. The seller saves the contract text of the order. The terms and conditions are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
14.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Furthermore, the customer receives a copy of the General Terms and Conditions with his order.
Privacy Policy
15.1. The seller processes personal data of the customer according to the legal requirements.
15.2. The personal data (such as name, e-mail address, address, payment data) for the purpose of ordering goods are used by the vendor to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
15.3. The customer has the right, on request, to receive information about the personal data that has been saved by the seller about him. In addition, he has the right to correct incorrect data, to block and delete his personal data, insofar as no statutory retention requirement exists.
15.4. For further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller, please refer to the data protection statement.
15.5. Identity and creditworthiness check when selecting Billpay payment methods
If you choose one of our partner's payment options Billpay GmbH If you decide to do so, you will be asked during the ordering process to consent to the transfer of the data required to process the payment and an identity and credit check to Billpay.
If you give your consent, your data (first and last name, street, house number, postal code, city, date of birth, telephone number and, if purchasing by direct debit, the specified account details) as well as the data relating to your order will be transmitted to Billpay.
For the purpose of checking your own identity and creditworthiness, Billpay or partner companies commissioned by Billpay transmit data to credit reporting agencies (credit agencies) and receive information from them and, if necessary, creditworthiness information based on mathematical and statistical methods, the calculation of which includes, among other things, address data. Detailed information on this and the credit agencies used is available here Data protection regulations of Billpay GmbH refer to.
Furthermore, Billpay may use third-party tools to detect and prevent fraud. Data obtained using these tools may be stored encrypted by third parties so that they can only be read by Billpay. This data will only be used if you select a payment method from our cooperation partner Billpay, otherwise the data will automatically expire after 30 minutes.
16. Jurisdiction, applicable law, contract language
16.1. The place of jurisdiction and place of performance is the seller's registered office if the purchaser is a merchant, a legal entity under public law or a special fund under public law.
16.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations conflict with such application.
16.3. Contract language is German.
Alternative dispute resolution under Article 14 1 para ODR Regulation and § 36 VSBG..:
The European commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.