A. Parties
I. These General Terms and Conditions (hereinafter referred to as the T&Cs) govern the business relations of
AQON Water Solutions GmbH
Rudolph-Diesel-Strasse 24
64625 Bensheim
Germany
Telephone: +49 (0)62 51 / 59 308-1
Email: info@aqon-pure.com
Managing directors: Marian Wilk BBA, Maximilian Wilk, Konstantin Wilk
Headquarters: Alsbach-Haehnlein
Darmstadt District Court, HRB 9030
VAT no. DE 232848004
hereinafter referred to as the Seller
and the customer
hereinafter referred to as the Buyer
for the sale of water conditioning devices.
II. Buyers can be either
1. “Entrepreneurs” within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, at the time of conclusion of a legal transaction, are acting in the exercise of their commercial or self-employed professional activity, or
2. Consumers within the meaning of Section 13 BGB, i.e. any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
B. Scope of validity
I. Our T&Cs apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall become part of the contract only if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in every case, for example even if we carry out the delivery to the Buyer with implicit knowledge of the Buyer’s T&Cs.
II. Individual agreements made with the Buyer on a case-by-case basis (including ancillary agreements, supplements and amendments) shall always take precedence over these T&Cs. Unless otherwise proven, a written contract or our written confirmation is required for the content of such agreements to be valid.
III. These T&Cs apply to entrepreneurs also in respect of future legal transactions of a similar nature concerning the purchase of water conditioning devices.
C. Offer of goods and other services
The Seller offers water conditioning devices for purchase.
D. Conclusion of the contract
I. If the customer makes an enquiry via the internet or by telephone
1. At the customer’s request, the Seller shall send a no-obligation quote to the Buyer. The Buyer has the option of placing an order based on the quote. By placing an order, the Buyer makes a binding agreement to purchase the goods and/or other services ordered. Once the order has been received, it is no longer possible to make unilateral changes or additions or cancel the order. The right of cancellation of the consumer according to the provisions in Section R shall remain unaffected. The purchase contract is concluded when the order confirmation by the Seller is received by the Buyer or the goods are sent to the Buyer. If a contractual offer is not accepted by the Seller within twenty (20) working days by confirming the order or sending the goods, the offer shall be deemed to have been rejected, and the customer shall no longer be bound by it. The confirmation shall be deemed to have been transmitted if, in the ordinary course of events, it can be expected that the declaration has been received by the Buyer. The automatic confirmation of receipt of the order does not constitute acceptance of the contractual offer but rather merely confirms receipt of the order.
2. The Seller shall not store the order of the customer as well as the data of the contract and the contract text in a form that can still be accessed by the Buyer at a later date. If the Buyer wishes to document the purchase process, it is recommended that the relevant information be copied and saved, printed or otherwise saved/backed up before submitting the binding order.
After conclusion of the contract, the Seller shall send the Buyer a confirmation of the contract in which the content of the contract is reproduced by email or, at the latest, upon delivery of the goods.
II. When purchasing in the online shop
In the shop, the customer has the option of selecting the desired product and placing it in the shopping basket. From the shopping basket view, the customer clicks on “Continue to checkout” to go to the next page. The customer can enter their details there. Clicking on “Next” takes them to the “Complete order” view. The contract is concluded there when the customer clicks on “Complete order”. Corrections can be made using the “Forward” and “Back” buttons in the browser.
E. Prices/payment
I. All prices cited in the Seller’s quotes are final prices in EUR (€) and include any taxes, duties and shipping costs incurred.
II. Unless otherwise stated, the product prices in the quote do not include assembly. The Seller provides a quote to the Buyer for the installation and assembly of the water conditioning devices at a fixed price. Installation and assembly will then be carried out by a service provider of the Seller.
IV. Unless otherwise agreed, the purchase price is due upon delivery. Otherwise, the invoices of the Seller shall be payable net without deduction within fourteen (14) days of the invoice date. Without any further declaration by the Seller, the Buyer shall be in arrears fourteen (14) days after delivery and receipt of the invoice if they have not paid.
F. Delivery/handover of goods
Delivery shall be made within four (4) to eight (8) working days from the conclusion of the contract unless a delivery time deviating from this is expressly stated in the order confirmation or unless a different delivery time has been expressly agreed.
G. Warranty
I. The rights of the Buyer in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly or faulty assembly instructions) fall under the statutory provisions unless otherwise specified below. In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse in accordance with Sections 478, 479 BGB) shall remain unaffected.
II. Our liability for defects is based primarily on the agreement made regarding the quality of the goods. All product descriptions that are the subject of the individual contract or which have been made public by us (in particular in catalogues or on our website) shall be deemed to be an agreement on the quality of the goods. Minor deviations from catalogue specifications that do not substantially impair the quality and function of the products (for example, those arising from safety reasons or technical necessities) shall not be considered defects.
III. Insofar as no agreement has been made regarding the quality, the statutory provisions shall be used to determine whether or not there is a defect (Section 434, Para. 1, Sentences 2 and 3 BGB).
IV. The following applies to sales to entrepreneurs: Claims for defects by the Buyer who is an entrepreneur presuppose that the Buyer has fulfilled their statutory duties to inspect and give notice of defects (Sections 377 and 381 of the German Commercial Code (HGB)). If a defect becomes apparent during delivery, inspection or at any later point in time, we must be notified immediately in writing. Packaging damage to delivered goods must be reported to the shipping company immediately upon delivery. In any case, obvious defects must be reported in writing immediately upon delivery and inspection, and non-visible defects must be reported in writing within the same period from discovery but no later than seven (7) days after delivery. If the Buyer fails to carry out a proper inspection and/or report a defect, our liability for the defect that was not reported, not reported punctually, or reported improperly shall be excluded according to the statutory provisions.
V. If the delivered item is defective, we have the right vis-à-vis the Buyer, who is an entrepreneur, to choose whether we will provide supplementary performance by rectifying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). This does not affect our right to refuse supplementary performance under the statutory requirements. The customer, who is a consumer, has the right to choose the desired type of supplementary performance according to the statutory provisions (Sections 439, 440, 441 BGB). We are entitled to make the subsequent performance owed dependent on the Buyer paying the purchase price due. However, the Buyer is entitled to retain a proportionate portion of the purchase price in relation to the defect. Even in the case of defects, the Buyer shall be entitled to compensation for damages or the reimbursement of futile expenses only according to Section J.
H. Default in acceptance, transfer of risk, postponement of delivery periods
I. The following applies to sales to entrepreneurs: If goods are dispatched to a customer, the risk of accidental loss and accidental deterioration of the goods shall pass to this customer when the goods leave the premises of the Seller. This applies also if the Seller assumes or commissions transport or shipping.
II. The customer is obliged to accept the goods purchased by the Seller. The statutory right of refusal of performance shall remain unaffected by this. If the customer fails to comply with their obligation to accept, they shall, if they are responsible for this breach of duty, reimburse the Seller for the additional expenses incurred (including working hours of the employees of the Seller, travel, storage, and material expenses) and indemnify the Seller against justified third-party claims.
III. Partial deliveries and partial performance by the Seller are permissible.
I. Retention of title
I. We reserve title to the goods sold until full payment of all our current and future claims arising from the purchase agreement and an ongoing business relationship (secured claims).
II. The goods subject to retention of title may not be pledged to third parties or assigned as collateral until the secured claims have been paid in full. The Buyer shall notify us immediately in writing if an application for the opening of insolvency proceedings has been filed or if third parties gain access to the goods belonging to us (e.g. seizures).
III. In the event of a breach of contract on the part of the Buyer, in particular in the event of non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or demand the return of the goods on the basis of the retention of title. The request for surrender does not also constitute a declaration of withdrawal; instead, we are entitled to demand only the return of the goods and reserve the right to withdraw. If the Buyer does not pay the purchase price due, we may assert these rights only if we have previously set the Buyer a reasonable deadline for payment without success or if setting such a deadline is no longer feasible according to the statutory provisions.
IV. Until further notice, the Buyer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall also apply. The retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of the processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered subject to retention of title.
VI. The Buyer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in full or in the amount of our share of co-ownership, if any, in accordance with the paragraph above. We accept the assignment. The aforementioned obligations of the Buyer also apply with regard to the claims assigned. The Buyer shall remain entitled to collect the receivable alongside us. We undertake not to collect the claim as long as the Buyer fulfils their payment obligations towards us, there is no deficiency in their performance, and we do not assert the retention of title by exercising a right in accordance with III. If this is the case, however, we may demand that the Buyer informs us of the assigned receivables and their debtors, provides all information necessary for collection, hands over the relevant documents, and informs the debtors (third parties) of the assignment. In this case, we are also entitled to revoke the authority of the Buyer to sell and process the goods subject to retention of title.
VII. If the realisable value of the collateral exceeds our claims by more than 10%, we shall release collateral at our discretion at the request of the Buyer.
J. Limitation of liability
I. Unless otherwise stated in these T&Cs, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations according to the statutory provisions.
II. We shall be liable for damages – irrespective of the legal grounds – in the context of culpable liability in cases of intent and gross negligence. In the event of ordinary negligence, we shall be liable, subject to a milder standard of liability according to statutory provisions (e.g. for care in our own affairs) only 1) for damages resulting from injury to life, body or health; 2) for damages arising from the substantial breach of a material contractual obligation (an obligation for which the fulfilment is essential for the proper performance of the contract and on the fulfilment of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damages.
III. The limitations of liability arising from Para. 2 shall also apply in the event of breaches of duty by or for the benefit of persons for whose fault we are responsible according to statutory provisions. They do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims of the Buyer under the German Product Liability Act.
IV. In the event of a breach of duty other than a defect, the Buyer may withdraw from or terminate the contract only if we are responsible for the breach of duty. A free right of termination on the part of the Buyer (in particular in accordance with Sections 648, 648a BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.
K. Statute of limitations
The following applies to entrepreneurs:
I. Contrary to Section 438, Para. 1, No. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one (1) year from delivery. If a site acceptance test has been agreed, the statute of limitations shall commence with the acceptance or otherwise with the transfer of risk.
II. However, if the goods are a building or an object that has been used for a building in accordance with its usual manner of use and has caused its defectiveness (building material), the statutory limitation period is five (5) years from delivery (Section 438, Para. 1, No. 2 BGB). This does not affect other special statutory provisions on the statute of limitations (in particular Section 438, Para. 1, No. 1, Para. 3 and Sections 444, 479 BGB).
III. The aforementioned limitation periods under sales law also apply to contractual and non-contractual claims for damages of the Buyer based on a defect in the goods unless the application of the regular statutory statute of limitations (Sections 195 and 199 BGB) would lead to a shorter statute of limitations in the individual case. Claims for damages of the Buyer in accordance with J. II. Sentence 1 and J. II. Sentence 2 1. and under the Product Liability Act shall, however, become time-barred exclusively according to the statutory limitation periods.
L. Applicable law
I. These T&Cs and the contractual relationship between us and the Buyer shall be governed by the law of the Federal Republic of Germany to the exclusion of international standard law, in particular the UN Convention on Contracts for the International Sale of Goods.
II. The choice of law applies to consumers only insofar as it does not deprive them of the protection afforded to them by the mandatory provisions of the country in which the consumer is habitually resident.
M. Jurisdiction
I. If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, our registered office in Darmstadt is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. This also applies to persons who do not have a general place of jurisdiction in Germany, persons who have moved their place of residence or habitual abode outside Germany after the conclusion of the contract, or persons whose place of residence or habitual abode is unknown at the time of legal action.
II. This does not apply if the customer is a consumer and is domiciled or habitually resident in a member state of the European Union. In that event, the action shall be brought before the respective court of the member state of residence.
N. Reservation of rights
The Seller reserves the right of ownership and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are designated as “confidential”. Before passing them on to third parties, the Buyer requires our express written consent.
O. Guarantee
In addition to the warranty described in Section G., the Seller provides a guarantee on the water conditioning devices it offers subject to the following conditions. Your warranty rights exist independently and apart from our guarantee.
I. One-year money-back guarantee
When purchasing an AQON Pure water conditioning system, you as a consumer receive a one-year money-back guarantee. A written guarantee commitment can be agreed with entrepreneurs in individual cases.
II. Device guarantee
AQON Water Solutions GmbH guarantees that the AQON Pure device purchased by you is free of manufacturing and material defects. The guarantee applies only if the AQON Pure limescale protection system has been operated as intended in a drinking water installation with normal, pressurised drinking water in accordance with the German Drinking Water Ordinance (TrinkwV).
The guarantee period for the respective AQON Pure device variant is:
AQON PURE home s (formerly Home Basic 15): 5 years
AQON PURE home (formerly Home Premium 15): 10 years
AQON PURE home + (formerly Home Premium 20): 10 years
AQON is entitled to determine whether a replacement or repair is to be carried out. Installation and removal costs as well as shipping are not included in the guarantee services. These costs shall be borne by the customer. The guarantee does not cover improper handling or damage caused by mechanical or chemical influences. Guarantee services are limited to the device itself and not to the home or building installation or devices.
Your statutory warranty claims (Section 433 BGB) shall remain unaffected by this guarantee.
Start of the guarantee
The start of the guarantee period is the invoice date of the AQON Pure System if purchased directly from AQON Water Solutions GmbH by a consumer. If your AQON Pure system has been purchased from a specialist retailer, the following installation report must be sent within four (4) weeks of the installation of the AQON Pure system in order to be able to claim the guarantee.
The guarantee period then begins on the day of installation of the AQON Pure system.If a guarantee claim arises, it must be reported to AQON Water Solutions GmbH immediately in writing, including the invoice if necessary.
The notification must be sent within the guarantee period by email to info@aqon-pure.com or by post to:
AQON Water Solutions GmbH
Rudolf-Diesel-Strasse 24
64625 Bensheim
Germany
P. Right of cancellation for users
Right of cancellation for consumers for contracts concluded outside of business premises (Section 312b BGB) or for long-distance transactions (Section 312c BGB). According to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
Right of cancellation
You have the right to cancel this contract within fourteen (14) days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. In order to exercise your right of cancellation, you must inform us (AQON Water Solutions GmbH, Rudolf-Diesel-Strasse 24, 64625 Bensheim, Germany, telephone:
+49 (0)62 51 / 59 308-1, email: info@aqon-pure.com)
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to cancel this contract.
You are welcome to use the attached. However, this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period. Consequences of cancellation:
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us) immediately and no later than fourteen (14) days from the date on which we receive notice of your cancellation of this contract.
We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you. In no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods immediately and in any case within fourteen (14) days at the latest from the day on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods before the end of fourteen (14) days.
You shall bear the direct costs of returning the goods.
The cost is estimated at a maximum of EUR 10.
You shall be liable for any loss of value of the goods only if this loss of value is due to handling of the goods that is not necessary for the purpose of checking their nature, properties and function.
Exceptions to the right of cancellation
According to Section 312g, Para. 2 BGB, the right of cancellation does not apply to the following contracts:
II. Sample cancellation form
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it).
To
AQON Water Solutions GmbH, Rudolf-Diesel-Strasse 24, 64625 Bensheim,
Germany, email: info@aqon-pure.com - I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
AQON Water Solutions GmbH, Rudolf-Diesel-Straße 24, 64625 Bensheim,
- Ordered in(*) _____________ / received on (*) ______________
- Name of the consumer(s) ______________________________
- Address of the consumer(s) ____________________________
- Signature of the consumer(s) (only for communication on paper) _______________________
- Date __________________
(*)Delete as appropriate.
Q. Notes on dispute resolution
Note in accordance with Section 36 VSBG:
We are neither willing nor obliged to participate in a dispute resolution procedure.
The European Commission provides a platform for online dispute resolution (ODR platform) available at https://ec.europa.eu/odr.
Installation report
Installation date:
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Installation carried out by
First name and surname:
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