Termeni si conditii
The general terms and conditions govern the conclusion of the contract, obligations Aquatuning GmbH, CEO: Nathanael Wire & Andreas Rudnicki and the user (customer) as well as handling between the user and the www.aquatuning.de, owner: Aquatuning GmbH closed contracts.
For the business relationship between the Aquatuning GmbH, Carl-Zeiss-Str. 2, 33758 Schloß Holte-Stukenbrock (hereinafter Aquatuning) and the customer only the following general terms and conditions apply in their valid at the time the order is placed. Differing conditions of the customer are not accepted by Aquatuning unless Aquatuning has expressly agreed in writing to their validity.
2. Conclusion of Contract
2.1 The presentation of goods in our online shop is not a binding offer to the customer, but only a non-binding online catalog.
2.2 The dispatch of the customer's order constitutes an offer to enter into a purchase agreement for the goods contained in the order on the terms provided with the order.
2.3. After receipt of the order Aquatuning sends the customer an e-mail confirming receipt of the order at Aquatuning and its details (order confirmation). This order confirmation does not constitute acceptance of the offer of the customer, but is designed this only to inform you that your order has been received at Aquatuning.
2.4 A purchase contract is only concluded when Aquatuning sends the ordered goods to the customer and the shipping to the customer with a second e-mail (confirmation of dispatch), at the latest with delivery of the goods at the customer. About goods ordered from the same order which are not listed in the dispatch confirmation, no purchase contract is concluded; the same is true with regard not included in the delivery of goods, provided that previously no shipping confirmation has been sent and the purchase agreement therefore comes with the delivery of the goods at the customer's state.
3. Cancellation of contract for consumers
Withdrawal: Customers who are consumers, the following right of withdrawal. A customer is a consumer, if the order at Aquatuning neither its commercial nor its independent vocational activity may be attributed.
Right of cancellation:
You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period shall be fourteen days from the date, have taken to buy, or a representative of your third party, other than the carrier, the goods in possession of or has. To exercise your right, you have to
Aquatunig GmbH, Carl-Zeiss-Str. 2, 33758 Schloß Holte-Stukenbrock - Germany
Phone: + 40-784214218 Email: email@example.com
by means of a clear statement (eg a consigned by post mail, fax or email) about your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form, but which is not compulsory.
You can fill in and submit the model withdrawal form or any other unequivocal statement on our website www.aquatuning.de electronically. Make use of this opportunity, we will provide you with immediately (eg. B. via email) an acknowledgment of receipt of such a withdrawal.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal period.
Effects of withdrawal:
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned 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 so you have to teach you the goods promptly and in any event not later than fourteen days from the date of revocation of this contract us at
Aquatunig GmbH, Carl-Zeiss-Str. 2, 33758 Schloß Holte-Stukenbrock - Germany
return or pass. The deadline is met if you send the goods before the deadline of a fortnight. You bear the cost of returning except for package returns within Germany via the online return service.
You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.
End of revocation
3. Registration of Customers Account
3.1 To be able to buy in the Online Shop of Aquatuning, it is necessary that the customer registers at Aquatuning and creates an account.
3.2 Aquatuning sends the customer immediately after completion of the registration an e-mail with the specified customer information to the customer's specified in the registration e-mail address.
3.3 The customer has to ensure that his or her designated e-mail account is he-reichbar, and not due to forwarding, decommissioning, spam filter settings or overcrowding of the e-mail account to receive e-mail messages from Aquatuning is excluded in connection with the order processing. The customer has to secure its customer password from misuse by third parties and may not disclose it to anyone this.
3.4 information on our handling of customer data, see the point on Privacy www.Aquatuning.de.
4. Prices and payment
4.1 All prices quoted in our online shop include the legally stipulated VAT. All prices are ex establishment Bielefeld including packaging and plus all emerging Shipping and handling costs for delivery within the EU. In net deliveries outside the EU (eg Switzerland) are in the shipping costs paid by the sender not the other costs such as Customs and VAT included.. Please check with your local customs office about the costs (Switzerland: www.ezv.admin.ch) For more information about shipping and payment, see the shipping and delivery point on the Aquatuning homepage www.aquatuning.de.
4.2 The payment by the customer can be done by prepayment or cash. Foreign orders are processed only after payment or on request via PayPal.
Advance payments made by bank transfer or PayPal. When ordering in advance, you will receive an automated confirmation via e-mail with our bank details and your order assigned order number. This order please enter with your first / last names as the reason of the transfer. Please note that depending on the day and speed of each bank a payment may take 1 to 5 days. Your order can be processed only after payment has been received.
Cash on delivery payment:
Cash payments are usually made in cash to the parcel messenger. (Please make sure ready to put the exact amount possible because the mailman often have no change!) Please note that DHL and GLS levy in addition to the shipping costs once € 2.00 delivery fee, which is not on the is recognized by us to you provided account.
4.3 One-off right is to the customer only if his counterclaims have been legally determined or undisputed by us or recognized. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same legal relationship.
4.5 Minimum value: There is no minimum order value for end customers. For commercial customers will be charged on orders below 50 € net value of goods a low quantity surcharge of 5 € net.
4.6 Please note when ordering from Switzerland or other countries which impose import duty that Aquatuning will not affect the amount of customs duties or taxes to be paid in your country. In this case, please inform yourself about the arising costs for you an order, which are levied only on imports of goods to your country. These fees are not charged by Aquatuning and are not already included in the shipping fees. If (eg Switzerland) incurred VAT upon importation into your country, you can be removed from your order before referral German VAT and do not need this transfer with.
5. Delivery and transport damage
5.1 The delivery of the consignment from the warehouse to the delivery address given by the customer or - if so agreed - by collection by the customer.
5.2 If Aquatuning accepts the customer's order, the delivery of the goods will be initiated immediately after receipt of order. For goods, their availability is specified in the product description in the online shop as a "stock" we will despatch regularly within the next business day. Is the room "available from:" or indicated "in the feed", we will despatch when the product is available. Are in the same order containing merchandise with different availability, the shipment will be recognized only when all the goods in your order are available, unless expressly agreed otherwise.
5.3 delivery for payment in advance: For orders against prepayment, the delivery is done only after full receipt of money at Aquatuning. In the case of payment orders Aquatuning accepts no reservation of the ordered goods to the customer. Should it come in this regard to delays in delivery, eg because the ordered goods are sold off in the meantime, and must be ordered again, Aquatuning will immediately inform the customer about this.
5.4 If the delivery is made to the delivery address given by the customer, Aquatuning turns this a transportation company (for deliveries domestically mainly GLS) a. The risk that the commodity goes down during transport or damaged, carries according to the law in relation to the customer Aquatuning unless the customer is not in default of acceptance.
5.5 In order Aquatuning can secure any claim for transport damage to the transport company, externally recognizable transport damage upon delivery of the order must be indicated to the delivery man; not apparent transport damage to the transport company we are shown the latest within 7 days after delivery, as is otherwise suspected at the expense of Aquatuning that the order was delivered without damage in transit. Aquatuning is therefore dependent in this connection on your support.
Externally visible transport damages:
Basically, there is no obligation for you to open the package upon delivery and to examine for damage in transit. If there is transport damage but reasonably probable eg because the packet from the outside recognizable badly damaged, compressed, is torn, or because the content clinks in fragile goods that "by shaking," you have to open the package in the presence of the delivery man, and to consider whether the content is corrupted. This obligation, however, is limited to only to the examination of the goods readily recognizable transport damage, for example, on whether the goods broken or deformed or if goods clinking with housing when shaken. If a transport damage found in this test, this is reported to the delivery man, and to be confirmed by the mailman. The postman is obliged to do so. Please keep the goods then - where still possible - in its original packaging and do not use them. Please inform us immediately by phone or so that we can take care of the settlement by email of the damage.
Not externally visible transport damages:
This allows us to preserve our rights against the transport company, please unpack the goods delivered at the latest within 4 days after delivery. Ask the fixed unpacking that the delivered product is damaged, leave the goods, please - where still possible - in its original packaging and do not use them. Please inform us immediately by phone or so that we can take care of the settlement by email of the damage.
Your warranty claims due to possible damage in transit shall not be affected by the above provisions.
6. Retention of title
The delivered goods remain until full payment of the property from Aquatuning.
7.1 All images, which are used for the presentation of goods in the online shop of Aquatuning are only sample photos. You do not necessarily portray the relevant article in every case true to life, but are merely illustrative, especially in colors, there may be deviations due to different display on different screens. Decisive is the technical description of the item.
7.2 Obvious defects are Aquatuning by the customer within three weeks after receipt of the goods (eg letter, fax, e-mail) in written form. A shortage is obvious, even though he must strike the average and the subject matter hereof (the ordered goods) is not particularly familiar customers without special audit effort for an objective assessment. If a defect be detected on the other hand only after expert examination or with a greater expenditure of time and money, it is not obvious.
7.3 The customer is obliged to secure the optionally present on the product data prior to returning. Aquatuning is not liable for the loss of data on devices that are returned.
7.4 If a complaint is found to be unjustified Aquatuning will send back the goods to the customer. The costs, including the examination expenses borne by the customer. Aquatuning is entitled to charge in this connection, a flat-rate expense allowance in the amount of 30,00 EUR. The assertion of a higher actual effort is reserved. The buyer is entitled to prove that the expense of Aquatuning was actually lower.
7.5 If Aquatuning without any fault no longer in a position to remedy a defect by replacement of the ordered goods, eg because it is sold out in the meantime, and is an improvement not possible or only at disproportionate cost, Aquatuning has the right to the customer to cancel the contract. In this case the customer will be informed immediately that the ordered goods are no longer available and a repair can not or only with disproportionate costs possible. Already made by the customer payments are also immediately refunded back.
7.6 The provisions of para. 7.5 apply in the case of wrong deliveries or incorrect amounts accordingly.
7.7 The warranty period is 2 years after delivery of the goods to the customer.
7.8 No warranty is provided for damages resulting from improper or inappropriate use, faulty commissioning or assembly, natural wear and tear, negligent or incorrect use, non-observance of maintenance or operating instructions and improper repairs or modifications by the customer or a third party.
8.1 Aquatuning is fully liable in accordance with the statutory provisions for damages of the contracting party, which are caused by intentional or grossly negligent conduct of Aquatuning or its assistants. The same applies for damages under the Product Liability Act.
8.2 Moreover, the liability of Aquatuning for claims for damages - for whatever legal reason - is limited in accordance with the following provisions, save as otherwise provided in an acquired from Aquatuning guarantee something else:
• For damages caused by carelessness Aquatuning is liable only limited to the typically foreseeable damage.
• The liability of Aquatuning for the slightly negligent loss of data and / or the program is limited to the typical restoration costs which would have been payable by the contractor with regular and the circumstances reasonable backup.
• the liability of Aquatuning to the typically foreseeable damage, but no more than 5% of the agreed total price in the contract concerned is limited for ordinary negligence delay damages.
• The liability is excluded for commercial use of the products, as well as the non-intended use outside the intended use of the property, which is unless otherwise stated, a home computer.
8.3 The provisions of the preceding paragraph shall apply mutatis mutandis to the limitation of liability for compensation for wasted expenditure (§ 284 BGB).
8.4 The foregoing limitations of liability also apply in favor of vicarious agents of Aquatuning.
9. Data storage
All data collected on this site are in accordance with the provisions of the Federal Data Protection Act (Act) and treated the information and telecommunications (IuTDG). A disclosure of personal data to third parties without explicit consent of the person concerned does not take place.
10. Applicable Law
Only German law under exclusion of CISG, even if the customer has his place of residence or company headquarters abroad.
Other terms for payment processing:
Additional Conditions for Accounting & hire purchase:
Terms and Conditions (GTC) for purchase on account and buying with installment of Aquatuning GmbH (hereinafter "we")
(as of 25.06.2012)
We offer payment methods to "purchase on account" (purchase on account) and / or "installment plan" for our customers. Here there is a demand assignment to the net-m Privatbank AG in 1891 (hereinafter "the Bank").
The bill purchase and sale with installment payments are only consumers from 18 years. You can purchase this service goods over the Internet and you must pay only after actual receipt of the goods and the invoice or can easily make the payment in partial installments.
The contract of sale of the goods is concluded exclusively between you and us. The contract of sale shall be governed by the agreements that you make with us. In particular, we remain responsible for general customer inquiries (eg, delivery time, dispatch), returns, complaints, warranty claims, any contract resignations and credits. If you decide to purchase on account or payment in installments, these Terms and Conditions apply in addition to those agreements and the terms and conditions that you agree with us as part of the purchase contract.
We will assign to the settlement of a purchase invoice or a purchase with installment our claim for payment of the purchase price to you at the bank. You are hereby notified of this assignment of receivables. All payments have to act discharging the debt to made solely to the Bank on the for this purpose you announced account. The goods remain until full payment property of the bank.
As a technical service provider and service provider to check your credit when making a purchase on invoice or a purchase with installment acts for us payolution GmbH (www.payolution.com).
Payment and interest rates
Buyer on installment will inform you in our data entry screen or other suitable electronic media and in you then made available for storage or storing information on all essential contract conditions for the purposes of pre-contractual information requirements of Directive 2008/48 / EC on credit agreements for consumers. This information will be sent to you additionally after the conclusion, at the latest with delivery of the goods, in the form of storable electronic or written.
If you withdraw due to your special agreement with us or legal provisions of the purchase agreement, return the goods, make price reduction claims or have other reasons, their payment is not having to fully or partially pay the bank, in this case the claim against you transferred back to us. With us is then a final agreement on the payment to take, or the reversal of carry.
And repaid early
Premature termination of agreement reached on an installment payment is possible in the way of early repayment: You have the right at any time to repay the loan amount before the expiry of the stipulated time partly or entirely. The payable interest you decrease on premature loan repayment in accordance with the thus depleted outer stand and accordingly which shortened the duration of the contract; Runtime-related costs decrease proportionate.
Warning: consequences of missing payments
There are for late payments both for purchase orders as well as hire purchase interest at an agreed amount and cost of purpose, appropriate warnings. For unsuccessful internal dunning, the bank can transfer the outstanding sum for debt collection to a collection agency. In this case, you pay for prosecution by collection agencies and, if necessary for legal representation may arise.
We hereby inform you that when installment in the case of the absence of due payments, the bank, the purchase price was ceded by us has the right to terminate the agreement on installment payment after a written reminder and a grace period ahead and the entire remaining debt immediately will be charged.
If you select Pay by bill or installment you expressly consent is one that for the settlement of these payment methods personal data (first name, last name, address, email, phone number, birth date, IP address, sex) together with required for transaction processing data (Article , invoice amount, interest rate, maturity, total amount, invoice number, tax, foreign currency, order date and cut-off times) are transmitted to payolution. payolution has a legitimate interest in the data and needs and uses these to perform risk checks.
To check the creditworthiness of the customer visits and information are conducted at publicly accessible databases and credit bureaus. By accepting these Terms, you expressly consent, that at below-party credit information may be obtained from:
- CRIF GmbH, Diefenbachgasse 35, A-1150 Wien
- CRIF AG, Hagenholzstrasse 81, CH-8050 Zurich
- Deltavista GmbH, Dessauer Straße 9, D-80992 München
- SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden
- KSV1870 Information GmbH, Wagenseilgasse 7, A-1120 Wien
- Bürgel Business Information GmbH & Co. KG, gas Straße 18, D-22761 Hamburg
- Creditreform Boniversum GmbH, Hellersbergstr. 11, D-41460 Neuss
- infoscore Consumer Data GmbH, Rheinstraße 99, D-76532 Baden-Baden
- Senior Lead Dress Direct Marketing GmbH, Altmannsdorferstrasse 311, A-1230 Wien
- German Post Direkt GmbH, Junkersring 57, D-53844 Troisdorf
- payolution GmbH, Am Euro Platz 2, A-1120 Wien
payolution will pass on your bank details (especially bank routing number and account number) for the purpose of the account number verification to SCHUFA Holding AG. SCHUFA verified on this data first, whether the information provided by you to the bank are plausible. SCHUFA checked whether the data used for the test are possibly stored in your database and then sent back the check result at payolution.Another data exchange such as the disclosure of credit information or a transmission deviating bank account data and storage of your data in the SCHUFA database does not take place within the account number verification. It is saved from detection reasons, the mere fact of verification of bank data in the SCHUFA.
You also agree that payolution is entitled to process, and data to etwaigem non-contractual behavior (eg undisputed outstanding claims), store, use and to transmit it to abovementioned bureaus.
By accepting these terms and conditions you acknowledge that we are obligated by law after the provisions of the Civil Code on financial aid between businesses and consumers, to an examination of your creditworthiness.
You explicit consent that we in case of sale for the account or purchase on installments of payolution GmbH data on the recording (on your person, purchase price, term of the installment business, rates start) and as agreed settlement (for example early repayment, maturity extension, carried repayments) this partial payment transaction received. After assignment of the purchase price the demand acquiring bank will carry out the aforementioned data transfers, even you expressly agree. We and the bank, which is assigned the purchase price will payolution GmbH also report data because of non-contractual settlement (eg termination of the partial payment business, foreclosure actions). These reports may only be carried out by the data protection regulations, to the extent necessary to protect the legitimate interests of the contractors or the public payolution GmbH and thereby your legitimate interests are not compromised. payolution GmbH stores the data in order to provide its contractual partners that provide professional hire purchase and other credit transactions to consumers, information to assess the creditworthiness of customers. At undertakings which collect receivables and payolution GmbH are connected by contract, may be transmitted for the purpose of identifying and locating debtors address data. payolution GmbH provides the data to its contractual partners only available if these show a legitimate interest in the disclosure of information credible. payolution GmbH received only objective data without specifying the bank;subjective value judgments and personal income and assets are not included in information provided by the payolution GmbH.
We must draw your attention to the fact that you can revoke this consent to data disclosure at any time, without giving reasons, towards us. The above legal obligations to verify your creditworthiness remain from a possible withdrawal unaffected. After all, you undertake to make only truthful information against us. Should you wish to receive information about the use of personal data concerning you, you can firstname.lastname@example.org contact.
Applicable Law and Jurisdiction
Performance for all transactions is the company headquarters extent permitted by law. The contract, order and business language is German.
On those of you completed with Us contractual relationship is exclusively German law shall apply. All disputes arising from the contract concluded with you are resolved in the court of your general jurisdiction.An extrajudicial complaints or arbitration procedures for disputes arising from this contract is not agreed.If any provision of these Terms is invalid, this shall not affect the validity of the remaining provisions of these Terms.