Imprint, General Terms & Conditions of Purchase ( AEB )

Operator of this offer is:

Aqualon Ambiente Ltd.
Yorckstrasse 22
93049 Regensburg
Germany

Managing Director: Oliver Riemer

Tax number: 244/121/70152
VAT ID No.: DE 263534488
Commercial register: Regensburg Local Court HRB 11252

Phone +49-941 – 9428702
Fax +49-941 – 9428701
email:

General Terms and Conditions for Consumers ( Status 01.07.2014 )

I. Scope
For the business relations between Aqualon Ambiente GmbH ( hereinafter referred to as Aqualon ), Yorckstraße 22, 93049 Regensburg, Germany, Managing Director: Oliver Riemer and the Customer, these General Terms and Conditions shall apply exclusively. Aqualon does not recognize any terms and conditions that are contrary to or deviate from these GTC and hereby expressly contradicts them. Conflicting terms and conditions of the customer are only valid if Aqualon expressly agrees to them in writing.
II. conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. After entering your personal data and by clicking the button ‘Send order’ in the final step of the ordering process, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order together with the acceptance of the order will be sent immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
III. partial deliveries
We are entitled to make partial deliveries, insofar as this is reasonable for you. Additional shipping costs are incurred only by express agreement.
Retention of title
The delivered goods remain our property until full payment.
IV. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must send us
Aqualon Ambiente Ltd.
Yorckstrasse 22
93049 Regensburg
EMail:
by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract.
You can use our sample cancellation form ( download possible here ), which is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period
V. Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
VI Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Regensburg, 01.07.2014

General terms and conditions for resellers and commercial customers (as of 01.01.2009)

I. Offer, Conclusion of Contract and Content
(1) In the absence of any agreement to the contrary, the following General Terms and Conditions shall apply with priority to our deliveries and services. Aqualon does not recognize any terms and conditions that are contrary to or deviate from these GTC and hereby expressly contradicts them. Conflicting terms and conditions of the customer are only valid if Aqualon expressly agrees to them in writing. Our GTC shall also apply to future business relations without renewed express reference.
Our offers are subject to confirmation. The order of the buyer is binding. A contract is only concluded with our written order confirmation, which we must declare within 2 weeks of receipt of the order. Assurances, collateral agreements and amendments to the contract require our written confirmation in order to be effective.
3. only our product description shall be deemed agreed as the quality of the goods.
4. Aqualon reserves the right to make customary or technically unavoidable minor deviations in the range or quality, color, dimensions, weight, equipment or design of the products, provided these are reasonable for the Buyer.
5. correct and timely self-delivery remains reserved. We will inform the buyer immediately about the unavailability of a delivery and in case of withdrawal will immediately refund the corresponding consideration to the buyer.
II. prices and terms of payment
1. our prices are in € ex works plus. any assembly costs and plus the statutory value-added tax applicable at the time.
(2) In the absence of any agreement to the contrary, our invoices shall be payable and due in full net cash without any deductions immediately after the order has been placed, the order has been confirmed and the invoice has been issued.
3. in the absence of payment, the purchaser shall be in default without further declaration on our part 10 days after the due date.
4. in the event of the existence of defects, the Buyer shall not be entitled to a right of retention, unless the delivery is obviously defective or the Buyer is obviously entitled to a right to refuse acceptance of the work. In such cases, the Buyer shall only be entitled to withhold payment to the extent that the amount withheld is in reasonable proportion to the defects and the anticipated simple costs of subsequent performance primarily by repair. The Buyer shall not be entitled to assert claims and rights due to defects if he has not made due payments and the amount due incl. payments made is in reasonable proportion to the value of the defective delivery or work.
5. the purchaser may only offset such claims that are undisputed or have been legally established.
III. delivery time/delay in delivery/impossibility of delivery
1. information on delivery times are not binding. Compliance with the delivery period requires the fulfillment of the contractual obligations of the buyer. Delivery periods shall commence at the earliest upon conclusion of the contract, but not before complete provision of all documents, releases, technical clarifications, etc. to be procured by the purchaser. Subsequent requests for changes or additions by the purchaser shall extend the delivery period appropriately. The deadline shall be deemed to have been met if, by the time it expires, the delivery item has left our works or notification has been given that the goods are ready for dispatch, if the goods are not dispatched on time through no fault of our own. In the event of unforeseen events and/or force majeure, a delivery period shall likewise be extended appropriately.
2. in the event of a delay in delivery for which we are responsible, the purchaser may, after a written reminder, set us a reasonable further deadline with the indication that he will refuse acceptance of the subject matter of the contract after expiry of the deadline. Only after fruitless expiration of the further period and all other legal requirements, the buyer is entitled to withdraw from the contract by written declaration. In the event of withdrawal from the contract, the Buyer may not claim damages for non-performance. In all other respects, the provisions of Section VI No. 9 shall apply.
3. if the delivery or the service is impossible, the buyer is entitled to claim damages; unless the seller is not responsible for the impossibility. However, the Purchaser’s claim for damages shall be limited to 5 % of the remuneration for that part of the delivery or service which cannot be put to the intended use due to the impossibility. This limitation shall not apply if the Seller is compulsorily liable due to intent or gross negligence or due to injury to life, body or health. The purchaser’s right to withdraw from the contract remains unaffected.
IV. Transfer of risk and acceptance
(1) The risk shall pass to the Buyer upon dispatch of the delivery parts, even if partial deliveries are made or if we have also assumed other services, e.g. shipment and its costs or assembly. We may effect partial deliveries and partial performance insofar as this is reasonable for the customer.
2. if the shipment is delayed due to circumstances for which the purchaser is responsible, the risk shall pass to the purchaser from the date of readiness for shipment. In the event of default of acceptance, we shall be authorized to ship the goods to the Buyer at the Buyer’s risk and expense, or alternatively to store the goods at the Buyer’s risk and expense.
3. delivered items shall be accepted by the purchaser, even if they have insignificant defects, without prejudice to the rights under section VI.
V. Retention of title
1. we reserve title to the delivery item until receipt of all payments arising from the business relationship with the purchaser; the reservation relates to the recognized balance.
2. if goods subject to retention of title are processed by the Purchaser into a new movable item, the processing shall be carried out for us without AQUALON being obligated therefrom. The new item becomes the property of Aqualon. In case of processing, mixing or blending with goods not belonging to us, AQUALON acquires co-ownership of the new item in proportion of the invoice value of its reserved goods to the total value. The purchaser is not authorized to dispose of the goods subject to retention of title in any other way, in particular not to transfer ownership by way of security and/or to pledge them.
3. we are authorized to collect the claim ourselves if the buyer does not meet his payment obligations. In this case, the Buyer shall provide us with the information required to assert our rights against the Buyer’s customers and hand over all necessary documents.
4. at the request of the purchaser, we shall release a corresponding part of the security rights at our discretion if the realizable value of these rights exceeds the amount of all claims to which we are entitled by more than 10%.
5. in the event of breach of duty by the purchaser, in particular default of payment, we shall be entitled to demand the surrender of the delivery item without setting a deadline. The demand for the return of the new goods is expressly not a declaration of rescission without a corresponding reference.
VI. Notification of defects and liability for defects
1. each of our deliveries is to be checked immediately for completeness and freedom from defects if the buyer is an entrepreneur. The purchaser must notify us in writing immediately after delivery of any defects that are obvious and recognizable upon proper inspection, the delivery of other items or the delivery of a quantity that is too small. The Contractor must immediately report any detected defect in writing. The notification must contain a precise description of the error. Hidden defects must be reported in writing immediately after discovery of the defect.
The buyer is obligated to have the condition of the goods acknowledged by himself or by an authorized third party upon collection or delivery. A short delivery shall not constitute a defect, nor shall an incorrect delivery; rather, we shall be entitled to make a subsequent delivery upon request.
2. if the goods from a delivery transaction are defective, we shall provide warranty at our discretion by rectification of defects or replacement delivery. The purchaser’s claims due to a defect in the purchased item are initially limited to supplementary performance. If this finally fails after at least two attempts, the buyer has the right to reduce the price or, if the defect is substantial, to withdraw from the contract.
3. claims for defects shall not exist in the case of only insignificant deviation from an agreed quality or in the case of only insignificant impairment of usability.
(4) If the Purchaser chooses to withdraw from the contract due to a material defect in a delivery after subsequent performance has failed, it shall not be entitled to claim damages in addition. If the buyer chooses compensation after failed subsequent performance, the goods remain with the buyer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have caused the breach of contract intentionally or by gross negligence.
5. the purchaser must give us the necessary time and opportunity to carry out all repairs and replacement deliveries which we deem necessary in our reasonable discretion, otherwise we shall be released from liability for defects. Only if we are in default with the elimination of the defect, the buyer has the right, after a reminder and a further reasonable deadline with threat of refusal, to eliminate the defect itself or have it eliminated by third parties and to demand reasonable compensation for costs from us.
6. the period of limitation for claims and rights due to defects – irrespective of the legal grounds – is 1 year, irrespective of whether in the case of delivery or assembly / contract for work and services. This period shall also apply to other claims for damages by the Buyer, irrespective of their legal basis, unless we are guilty of intent or a breach of warranty or in the event of fraudulent concealment of defects or in the event of claims under the Product Liability Act and in the event of culpable breach of material contractual obligations.
7. a notice of defect expressly does not suspend the limitation period for warranty claims if, after checking the causes of the defect, we determine that we are not responsible for the defect.
8. we are not liable for damages caused by unsuitable or improper use, for incorrect handling by the buyer or third parties, natural wear and tear or negligent handling, unsuitable cleaning and care, chemical and mechanical influences, etc., provided that these are not attributable to our fault.
9. in case AQUALON finds out during the inspection of the product that the defect is not caused by AQUALON, but is the result of an operating error or improper handling, AQUALON is entitled to charge a service fee of 39,00 € plus VAT to the purchaser. Value added tax plus. Shipping costs for the incurred work per product to be charged.
10. liability is excluded for slightly negligent breaches of duty. In the event of gross breach of duty, our liability shall be limited to the foreseeable damage typical for the contract, likewise in the event of breach of essential contractual obligations. Otherwise, we shall be liable under the Product Liability Act, for injury to life, body or health or
due to the culpable violation of essential contractual obligations. Rights of recourse according to § 478 BGB remain unaffected.
(11) The provisions of the aforementioned No. 9 shall apply to all claims for damages, irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort.
VII. Conditions of return of goods
Irrespective of the claims regulated in section VI in case of defects, AQUALON will take back goods delivered free of defects only in individual cases and after prior written approval before return, whereby returns of products with an order value of less than € 100.00 are generally excluded for economic reasons. A prerequisite for the conclusion of a return agreement is in any case that the products to be returned are in perfect condition incl. the packaging. whose packaging are and correspond to the current catalog program.
Should a return agreement be reached, the buyer is obliged to enclose a copy of the invoice, a copy of the delivery bill and the return bill with the return shipment. The buyer bears the transport risk of the return.
Returns must not be freight collect, otherwise AQUALON is entitled to refuse acceptance. AQUALON will deduct 30% from the invoiced net value of the goods for all processing and administrative expenses incurred, as well as the risk of reselling the returned products.
VIII. Liability for collateral duties
1. our application-technical consultation in word and writing, as well as suggestions, calculations, drawings, project planning shall only explain the best possible use of our products to the buyer, they are only approximately determined and non-binding. They do not release him from his obligation to satisfy himself by his own examination of the suitability of our products for the purpose intended by him.
(2) If the subject matter of the contract cannot be used in accordance with the contract due to a culpable breach of the ancillary obligations incumbent upon us, even prior to the conclusion of the contract, e.g. due to omitted or incorrect advice or incorrect instructions, the provisions under VI. no. 5 – 8 shall apply accordingly to our liability to the exclusion of further claims of the purchaser.
IX. Samples, drawings
We retain ownership and copyright of samples, drawings and other documents. They may not be made accessible to unauthorized third parties and must be returned to us at our request.
X. Use of photos and product images
Aqualon has the right to use photos, films and product images of all created objects, taken during production or after commissioning on site, for advertising purposes, in particular for presentation on the Internet and in catalogs. The customer has the right to object to the use of these sources within 4 weeks after delivery. The objection must be made in writing by mail, fax or e-mail.
XI. Naming as reference customer
Aqualon has the right to explicitly state and name any commercial customer as a reference customer for advertising purposes.
XII Place of performance, applicable law, place of jurisdiction
1. place of performance for all deliveries and payments is the registered office of our company in Regensburg.
2. German law shall apply exclusively. The applicability of the uniform UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) The place of jurisdiction shall be exclusively the Local Court or the Regional Court of Regensburg, if the Buyer is a fully qualified merchant, a legal entity under public law or a special fund under public law.
XIII Severability Clause
Should one of the aforementioned provisions be or become invalid, this shall expressly not affect the validity of the remaining provisions.
Aqualon Ambiente Ltd.
Yorckstrasse 22
D-93049 Regensburg
Phone +49-941 – 9428702
Fax +49-941 – 9428701
email:
Managing Director: Oliver Riemer
Regensburg, 01.07.2014