Terms of service
for the online shop at the URL
operated by
Aquatic Innovations GmbH
Schlehenweg 2b
65321 Heidenrod
Email: infor@aquatic-innovations.eu
Phone: +49 (0) 15734617112
– hereinafter referred to as “Provider” –
1. Scope
These General Terms and Conditions (GTC) apply to all contracts concluded for the purchase of goods, services, or other products (hereinafter "goods") in the online shop at the above URL, in the version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer will not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop are non-binding invitations from the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The ordering of goods is done via the Provider's online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the order process, the customer can place a binding order by clicking the order button at the end of the checkout page. By placing the order, the customer submits a binding offer to conclude a purchase contract. The contract is concluded when the Provider accepts this offer. Acceptance occurs either through a written or text confirmation (e.g., via email), delivery of the goods, or a payment request (e.g., invoice or credit card payment prompt). The contract becomes effective at the time the first of these events occurs.
2.3 Before the binding order is placed, the customer can review and correct their entries at any time using standard input tools (keyboard, mouse, touch, etc.). All entries are displayed again in a confirmation window before the final submission and can also be corrected there.
2.4 The Provider will store the contract text and send it to the customer in text form (e.g., via email). Beyond this, the contract text will not be made available by the Provider. If the purchase was made via a customer account, the customer can view their orders and related order data in the account.
2.5 The contract languages available are German and English.
3. Right of Withdrawal for Consumers
Consumers have a right of withdrawal in distance selling and off-premises contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their trade, business, or profession. Detailed information is provided in the cancellation policy made available to the consumer no later than immediately before the contract is concluded.
4. Payment and Default
4.1 Prices valid at the time of ordering apply. All prices include VAT and any additional shipping costs if applicable. Available payment options are displayed in the online shop.
4.2 If payment by credit or debit card is selected, the purchase price is due immediately after the contract is concluded.
4.3 If PayPal is selected, the purchase price is due immediately after the contract is concluded. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg.
4.4 If "Sofortüberweisung" is selected, the purchase price is also due immediately. Payment is processed via Sofort GmbH, Munich.
5. Retention of Title
The goods remain the property of the Provider until full payment of the purchase price is received.
6. Delivery and Right to Non-Delivery
6.1 Unless otherwise agreed, delivery is made within the delivery time specified in the online shop to the delivery address provided by the customer.
6.2 For freight shipments, delivery is made “curbside” unless otherwise agreed. This means delivery to the nearest publicly accessible curb to the delivery address.
6.3 If the Provider is unable to deliver the goods due to non-delivery by a supplier (despite having entered into a matching cover transaction in time), the Provider is released from the obligation to deliver and may withdraw from the contract. The Provider is obliged to inform the customer immediately and to refund any payments already made. Mandatory consumer rights remain unaffected.
7. Warranty
The statutory provisions for defects apply.
8. Liability and Indemnification
8.1 The Provider is liable without limitation:
-
for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents;
-
for other damages caused by intentional or grossly negligent breaches of duty;
-
under a guarantee, if such has been given;
-
under mandatory liability (e.g., under the Product Liability Act).
8.2 In case of negligent breach of essential contractual obligations, liability is limited to typical, foreseeable damage. Essential obligations are those necessary to fulfill the purpose of the contract and on which the customer regularly relies.
8.3 Otherwise, the Provider and its legal representatives or vicarious agents are not liable.
8.4 The customer shall indemnify the Provider against any third-party claims, including legal defense costs, arising from illegal or contractual violations committed by the customer.
9. Data Protection
The Provider treats customer data confidentially and in accordance with statutory data protection laws. Details can be found in the Provider’s privacy policy.
10. Final Provisions
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless this choice of law deprives an EU consumer of mandatory consumer protection laws in their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction is the Provider’s registered office unless an exclusive jurisdiction applies. This also applies if the customer resides outside the EU. The company’s registered office can be found in the heading of these terms.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions remain unaffected.
11. Information on Online Dispute Resolution / Consumer Dispute Settlement
The European Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr
The Provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Our email address is listed at the top of these GTC.