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Terms and conditions

General terms and conditions Last update: March 2019

EXTREMELY IMPORTANT
The following English translation of the Aquatuning general terms and conditions is only a service for our-English-speaking and is FOR ORIENTATION PURPOSES ONLY! It is of no legal validity! 
For any legal claims from the Aquatuning GmbH only the German general terms and conditions are legally binding and valid and can be found at www.aquatuning.de below the page! Only German law excluding the Uniform Law on the International Sale of Goods (CISG) , even if the customer lives abroad or the place of business lies abroad.

The general terms and conditions regulate the conclusion of contract and responsibilities between the company Aquatuning GmbH,: Nathanael Draht & Andreas Rudnicki and the user (customer) as well as the handling of the contracts between the user and www.aquatuning.de, owner: 
Aquatuning GmbH.

Scope of validity
For the business interactions and relations between the Aquatuning GmbH, Carl-Zeiss-Str. 2, Schloß Holte-Stukenbrock (Hereafter referred to as "Aquatuning") and the customer only the following general terms and conditions in the version current at the time of the order apply. Differing conditions of the customer are not accepted by Aquatuning unless Aquatuning has accepted the validity explicitly and in written form.
 
Conclusion of contract
2.1 The presentation of the merchandise in our webshop is not a binding offer to the customer but only a non-binding online catalogue.

2.2 The dispatch of the customer's order is an offer for the conclusion of a sales agreement for the  included merchandise of the order under the conditions included with the order.

2.3 After the receipt of the order Aquatuning sends an Email to the customer which confirms the receipt of the order and lists the details of the order received (order confirmation). This order confirmation is not an acceptance of the offer of the customer but only has the purpose of informing the customer of the receipt of the order by Aquatuning.

2.4 A purchase agreement is only concluded when Aquatuning ships the ordered merchandise to the customer and confirms the dispatch with a second Email to the customer, but at the latest with the delivery of the order to the customer. No sales agreement is concluded for merchandise of the same order which is not listed in the dispatch confirmation. The same applies to merchandise not included in the shipment if no dispatch confirmation was sent previously and the contract is therefore concluded with the delivery of the merchandise to the customer.
 
3
Customers who are consumers, the following right appeal. A customer is a consumer, if the order at Aquatuning neither his commercial nor its independent vocational activity may be attributed.

Revocation Withdrawal:

You have the right to cancel this contract within 30 days without giving any reason. The withdrawal period is 30 days from the date on which you have taken, or a  third party  representative of yours who is not the carrier, has taken possession of the goods. To exercise your right of cancellation, you must notify us

Aquatuning GmbH, Carl-Zeiss-Str. 2, 33758 Schloß Holte-Stukenbrock - Germany
Phone: +49 (0) 5207 95846-140  Fax: +49 (0) 5207 95846-222  Email: info@aquatuning.de

by a clear statement (eg a letter by post mail, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form which is not mandatory, however.
You can fill out and submit the model withdrawal form or any other unequivocal statement on our website www.aquatuning.de electronically. If you make use of this opportunity, we will forward to you immediately (eg by e-mail) a confirmation of the receipt of such a withdrawal. In order to observe the revocation period it is sufficient for you to send the message about the withdrawal before the withdrawal deadline.

Effects of withdrawal:

If you withdraw from this contract, we give you back all the payments that we have received from you, including shipping costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery more expensive than the cheapest standard type of shipping method we offer ), and must repaid immediately at the latest within fourteen days from the date on which we recieve the notice of your cancellation of this contract. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will not be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier. If you have received goods in connection with the contract, you have to send us the goods promptly back and in any event not later than 30 days from the day you have declared your withdrawal to

Aquatuning Returns 

Unit 2 Ynys Dawel Solva Haverfordwest 
Pembrokeshire SA62 6UF - United Kingdom

or to:

Aquatuning GmbH
Carl-Zeiss-Str. 2, 
33758 Schloß Holte-Stukenbrock - Germany

The deadline is met if you send back the goods before the period of 30 days. You bear the direct costs of the return. You then may have the option of receiving a free return label from us. Please use our online returns service at www.aquatuning.de/AtsdRma/guest. You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary inspection of characteristics and functions of the goods.

End of withdrawal policy

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To
Aquatuning GmbH
Carl-Zeiss-Str. 2
33758 Schloß Holte-Stukenbrock - Germany

Phone: +49 (0) 5207 95846-140 
Fax: +49 5207 95846-222 
Email: info@aquatuning.de

Hereby give notice that (s) I / we (*) from my / us (*) concluded contract for the purchase of the following products (*) / provision of the following services (*)
Appointed on (*) / received on (*)
Name of person / consumer (s)
Address of person / consumer (s)
Signature of / consumer (s) (with message on paper)
Date

(*) Delete where inapplicableEnd of the model withdrawal form

 

Registration of the customer, customer account

3.1 In order to be able to make orders at the Aquatuning webshop it is required that the customer registers at Aquatuning and creates a customer account

3.2 Immediately upon registration Aquatuning will send an E-Mail with the customer information to the E-Mail provided by the customer during the registration process.

3.3 The customer must ensure that the provided E-Mail address is reachable and not excluded from receiving messages due to forwarding, cancellation, spam filter settings or overfilling. The customer must keep the account password safe from misuse by third parties and must not pass it on to third parties.

3.4 Information about our handling of customer data can be found at the item ''privacy policy'' at  www.Aquatuning.de.

4. Prices and conditions of payment
4.1 All prices given in our webshop include the VAT tax required by law. All prices are calculated for processing from our facilities in Bielefeld including all packaging and excluding any shipping and , if  applicable, COD fees and costs for shipping inside of the EU. Net Shipments to destinations outside of the EU (e.g. Switzerland) are excluding any further cost such as VAT or customs charges. Please contact your local customs office to inquire about the costs (Switzerland: www.ezv.admin.ch) Further information regarding shipping cost and payment can be found at the item ''Shipment'' on the Aquatuning homepage at

4.2 Payment by the customer can be made by all payment methods offered in the shop.

COD (cash on delivery) orders
COD orders are usually paid in cash to the delivery person of the carrier (please be sure to have the precise amount ready as the delivery personnel usually does not carry any change!) Please note that DHL and GLS will charge an additional €2,00 COD fee which will not be listed on our bill.

4.3 The customer only has set-off rights if his counterclaims are established in a legally binding form and unquestioned or accepted by us. The customer only has the right of detention if his counterclaim is based on the same legal affair.

4.4 Minimum order value For commercial customers we will charge a  markup for small-volume purchases of 5,-€ Net If the order value is below 50,-€ Net.

4.5 Please note that with orders from countries such as Switzerland and other countries which charge an import tax Aquatuning has no influence on the amount of customs charges and taxes of your country. In this case please inform yourself about the cost for you upon import of the order to your country. These fees are NOT charged by Aquatuning and are NOT included in the shipping cost. If  your order is subject to payment of VAT upon import into your country (e.g. Switzerland) you may  deduct the German VAT from your order and not transfer it.

5. Delivery and transport damage
5.1 The order is delivered by dispatch from our warehouse to the delivery address provided by the customer or - if arranged for - by collection by the customer.

5.2 If Aquatuning accepts the order of the customer, assembly and dispatch of the order will be initiated immediately after the order is received. If the order contained only items listed as “in stock”, the order will usually be shipped within the next working day.  If the item is marked with “Shipping date:” or “expected”, the order will be dispatched as soon as all items are available. If an order contains items of different availability, the order will only be shipped when all items are available unless something else was agreed on.

5.3 Delivery of advance payment orders
When paid via advance payment the order will be dispatched as soon as the full billed amount is credited to Aquatuning. Aquatuning will not reserve items for the customer for advance payment  orders. Should a delay result from this, if e.g. an ordered item has sold out in the meantime and has  to be re-ordered, Aquatuning will immediately inform the customer of this.

5.4 If the delivery is to be made to the delivery address provided by the customer Aquatuning will commission a delivery company (For national orders usually GLS). The risk of loss during transit in is covered by Aquatuning in the relationship to the customer according to law if the customer is not in delay of acceptance.

5.5 In order for Aquatuning to be able to claim any damages during transit from the carrier the customer  must note any visible damages to the shipment to the delivery personnel and must note it on th receipt. Damages not visible upon delivery of the parcel must be reported to the carrier within 7 days from delivery as otherwise it is assumed that, at the expense of Aquatuning, the order was  delivered without any damage. Aquatuning is therefore depending on your cooperation when handling transport damages.

Externally noticeably transport damages
You are not generally obliged to open the package upon receipt to check for any transport damages. However, is a transport damage reasonably presumable from the outer appearance of the parcel,. e.g. if it is greatly damaged, crushed, torn or if the package contents are sensitive and it rattles when shaken, you must open the parcel in the presence of the delivery personnel and check for any damages inside of the package. This obligation to check only extends to checking for any obvious damages such as broken items or deformation of the merchandise or if the merchandise rattles when shaking it (Internally loose parts). If this check indicates a transport damage it must be noted to the deliverer and must be confirmed by him. The delivery personnel is legally obligated to confirm the damage. Afterwards please leave the order in the original packaging (as far as still possible), do not use it and immediately contact us via telephone or Email so we can take care of processing the damage claim.

Externally not noticeably transport damage
In order for us to be able to claim any transport damages from the carrier we kindly ask you to unpack your order within 4 days of delivery. If you notice any damages during unpacking please leave the imtems (as far as still possible) in the original packaging and do not use them  and immediately inform us via telephone or Email of the damage in order for us to take care of the damage claims.
Your guarantee claims because of possible transport damage remain untouched from the preceding arrangements.

6. Reservation of proprietary rights
The delivered merchandise remains property of the Aquatuning Gmbh until fully paid for.

7. Warranty
7.1 Any images used for merchandise presentation in the webshop of Aquatuning are only exepmplary. They do not always depict the item advertised lifelike but only serve for illustrating purposes. Especially the colour may deviate from the original due to different colour setting of computer displays. Only the technical description of the article is valid!

7.2 Obvious deficiencies must be reported by the customer to Aquatuning in written form (e.g. mail, Fax, Email) within three weeks of delivery of the merchandise. A deficiency is obvious if it occurs to an objectively considering average customer who is not specially familiar with the subject of the contract (the merchandise) without any unusual examination. If a deficiency is only noticeable after  examination by a professional and/or requires larger amounts of time and/or money to be noticed it is not obvious.

7.3 The customer is required to back up any data possibly saved on an item before returning it. 
Aquatuning is not liable for any loss of data on items returned to Aquatuning.

7.4 Should a claim of deficiency prove to be unjustified Aquatuning will send the merchandise back to the customer. The cost including the examination expenses is to be paid by the customer. Aquatuning reserves the right to charge a flat charge of  30,00EUR in this context to cover the examination and handling expenses. The right to assert higher expenses remains reserved. The customer is permitted to prove that the actual expenses by Aquatuning were lower.

7.5 If Aquatuning is, without own negligence, unable to eliminate a deficiency by replacing the merchandise because it is e.g. sold out or if a repair is not possible or only possible wit disproportionate cost Aquatuning has the right to withdraw from the contract with the customer. In this case the customer will be informed immediately that the ordered item is not available any more and that a repair is only possible with disproportionate expenses. All payments made by the customer will also be refunded immediately.

7.6 The terms of 7.5 apply to wrong deliveries and wrong delivered amounts respectively

7.7 The warranty period extends 2 years after delivery of the merchandise to the customer

7.8 No warranty is applicable to damages caused by incorrect application, faulty operation or installation, normal wear and tear, careless operation, disregard of the inspection- or operating manual as well as improper repairs or modifications applied by the customer or third parties.

8. Liability
8.1 Aquatuning is liable without any restrictions according to the legal regulations for damages of the signatory which are caused by intentional or grossly negligent actions of Aquatuning or its assistants. The same applies to damages according to the Product liability act.

8.2 Apart from that the liability of Aquatuning for claims of damage - no matter for what legal reason - is  limited according to the following regulations if no warranty taken by Aquatuning results in different  conditions:
       "For negligently caused damages Aquatuning is only liable in the limits of the typically foreseeable damages
       " The liability of Aquatuning for negligently caused loss of data and/or programs is limited to the usual recovery effort which would have resulted when regular and adequate data backups were  made by the signatory
       " For negligently caused damages caused by delay by Aquatuning the liability of Aquatuning is  limited to the typically foreseeable damage, but at most 5% of the agreed overall price of the affected contract.
No liability is taken in case of commercial use of the products as well as use in any other than the intended application, which, if nothing different is specified, is a home computer.

8.3 The regulations of the preceeding clause also apply to a limitation of the indemnifiability for useless expenditure (§ 284 BGB).

8.4 The preceding liability terms also apply for assistants of Aquatuning

9. Data storage
All data collected on this website us treated according to the regulations of the federal data protection law (Bundesdatenschutzgesetz/ BDSG) and the Information and telecommunication service law  (Informations- und Telekommunikationsdienstegesetz/IuTDG) No personal data will be passed on to third parties without explicit permission of the affected parties.

10. Applicable law
Only German law, excluding the EN sales convention, applies, even if the  customer lives abroad or the place of business lies abroad.