General Terms and Conditions

§ 1 Applicability, general

These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Aquapac-Aquaman Deutschland GmbH shall apply to all contracts concluded between a consumer (Section 13 German Civil Code (BGB)) or a trader (hereinafter referred to as “Customer”) and the Seller relating to all goods and/or services presented in the Seller's online store, as amended at the time of the respective order. "Customer" within the meaning of the GTC are both consumers and entrepreneurs.

Deviating agreements are only valid if they are confirmed in writing by Aquapac-Aquaman Deutschland GmbH.

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. 

Copyright: The use of our trademark, our photos and our texts (even in parts) is only allowed with written permission of our company.

§ 2 Registration

The customer can place an order in the online store via a guest account or as a registered customer. To register, the customer must enter their address and contact details in the form provided.

When entering personal data, the customer is responsible for providing truthful and complete information. The customer must treat this personal access data confidentially and may not make it accessible to unauthorized third parties.

Only one customer account may be maintained at any one time. Aquapac-Aquaman Deutschland GmbH has the right to delete or terminate multiple registrations or customer accounts.

§ 3 Offer and conclusion of contract

The presentation of the goods in the seller's online store is not a legally effective offer, but the customer submits a binding purchase offer by placing an online order. (Due to the technical presentation possibilities, delivered goods may deviate slightly from the goods shown on the Internet within reasonable limits). The seller accepts the purchase offer by sending an express order confirmation by e-mail or by delivering the ordered goods.

The customer can submit the offer via the online order form integrated in the online store. The customer can select products from the online store's range and place them in the virtual shopping cart by clicking the “Add to cart” button. The product selection can be edited within the shopping cart using the respective functions of the customer's Internet browser. The “Checkout” button takes the customer to the online ordering process.  

During the electronic ordering process, the customer is asked to provide the necessary information on the delivery and billing address and the payment method. The customer undertakes to provide truthful and complete information.

Once the customer has gone through the ordering process, they are taken to the “Complete order” page. There he receives an order overview and is referred to the general terms and conditions and the cancellation policy and confirms that he has taken note of these. By clicking the final button “Order with obligation to pay”, the customer submits a legally binding contract offer for the goods in the shopping cart. Before placing a binding order, the customer can change or view his entries at any time using the usual mouse and keyboard functions or cancel the order process.

The seller sends an automatic e-mail confirming receipt of the order and listing the details of the order. This order confirmation does not constitute a binding acceptance of the purchase offer, but is only intended to inform the customer that the order has been received.

A purchase contract is only concluded when the seller ships the ordered product to the buyer and confirms the shipment with a separate e-mail (shipping confirmation). No purchase contract is concluded for products from the same order that are not listed in the shipping confirmation. With an order, the buyer is bound to his offer for 21 days.

§ 4 Prices

All prices shown are inclusive of German VAT.
The shipping costs are displayed to the customer during the ordering process and are incurred in addition. They are listed separately as part of the specific order process. Costs for packaging are included in the respective flat-rate shipping costs. Please refer to our shipping costs overview for the shipping costs.
Shipment to foreign countries can cause additional custom fees raised by customs authorities directly to You. All custom and import fees are to be paid for by the recipient. National import regulations are to be considered by the customer. The Seller is not responsible for the products’ conformity with national rules and laws outside the EU.

§ 5 Cancellation of an order

This term only applies for retail customers (§ 13 BGB). If You are a businessman according to § 14 BGB and order as such this term does not apply for You.

Instructions on withdrawal

Right of withdrawal

The buyer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, the buyer must inform us, (Aquapac-Aquaman Deutschland GmbH, Donaliesstr. 2 B, 31675 Bückeburg, Germany, Tel: +49 (0)5722 - 98 10 50, Fax: +49 (0)5722 - 98 10 52, E-Mail: info@aquaman.de) of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The buyer may use the attached model withdrawal form, but it is not obligatory.

The buyer can also download the cancellation form directly here on this website under this link, as well as in § 5 of our GTC. Fill it out electronically and send it to the seller electronically to: info@aquapac.de

If the buyer make use of this option, the seller will immediately send the buyer an e-mail confirming receipt of such a cancellation.

To meet the withdrawal deadline, it is sufficient for the buyer to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the buyer withdraw from this contract, the Seller shall reimburse to the buyer all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by the seller), without undue delay and in any event not later than 14 days from the day on which the seller is informed about the decision of the buyer to withdraw from this contract. The seller will carry out such reimbursement using the same means of payment as the buyer used for the initial transaction, unless the buyer have expressly agreed otherwise; in any event, the buyer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the seller has received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Th buyer shall send back the goods or hand them over to:

Aquapac-Aquaman Deutschland GmbH, Donaliesstr. 2 B, 31675 Bückeburg, Germany

without undue delay and in any event not later than 14 days from the day on which the buyer communicate his withdrawal from this contract to the seller. The deadline is met if the buyer sends back the goods before the period of 14 days has expired.

The buyer is required to bear the cost of returning the goods.

The buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of Instructions on withdrawal

Exclusion of the right of cancellation

the right of cancellation is excluded for contracts/distance selling contracts 

• for the delivery of goods which are manufactured according to customer specifications or which are clearly customised to personal requirements or which are not suitable for return due to their nature,
• for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, 
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. 

The right of cancellation expires prematurely for contracts/distance selling contracts 

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, 
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, 
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 6 Delivery

The seller only delivers to the countries and delivery methods specified in the shipping costs overview, which can be seen in the shopping cart.

The respective delivery period is shown on the offer pages and is determined by the customer's selected payment method. The start and end of the delivery period refer to working days.

If the seller is not supplied with the ordered goods by his supplier in accordance with the contract, he reserves the right not to deliver or to deliver only partial quantities. In such cases, the buyer shall be informed immediately and any payment already made shall be refunded to the buyer without delay. The buyer shall not be entitled to compensation for this reason.

The Seller shall respond promptly to inquiries from the Customer in connection with orders already placed regarding changes, extensions and/or limitations of the product scope.

Special and promotional offers are delivered “while stocks last”.

If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods. If the customer is acting as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover.

If the buyer does not accept the shipment ordered by him or if the delivery cannot be made for other reasons for which he is responsible, so that the conditions for default of acceptance are met, the seller shall charge the costs incurred for the unsuccessful shipment, the carriage forward return or for storage of the goods.

§ 7 Terms of payment

During the ordering process, the customer can choose from the available payment methods. The payment methods can be viewed in advance. The specific payment methods available to the customer are shown in the order process. The customer is not entitled to a specific payment method if this is not displayed in the order process.

If third-party providers, such as PayPal, credit card companies, Klarna, etc., are commissioned with payment, their relevant General Terms and Conditions of Business and Payment shall apply. Further information can be found under payment methods.

If payment on account has been agreed, this is due in accordance with the agreed payment terms and without deductions. If the customer is in default of payment, the customer shall be in default even without a separate reminder. The seller is entitled to charge interest on arrears at a rate of 5% above the base interest rate per annum announced by the European Central Bank. If a higher damage caused by default can be proven, the seller is entitled to claim this.

In the case of transfers from non-European countries, all bank charges shall be borne by the customer.

If you have provided us with an e-mail address, you agree that invoices or credit notes can be sent to this e-mail address in PDF-format or made available online for download.

We reserve the right to exclude certain payment methods.

§ 8 Offsetting, retention

The customer is not entitled to offset his own claims against payment claims of the seller, unless the claims are undisputed or have been legally established. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

§ 9 Title retention

Delivered goods are property of Aquapac-Aquaman Deutschland GmbH until they are paid for completely.

§ 10 Liability for defects

If the customer is a consumer, he has the statutory rights in the event of a defect.

If the customer is not a consumer, the following also applies: the seller has the choice of the type of subsequent performance; the limitation period for new goods is one year from delivery of the goods; in the case of used goods, the rights and claims within the scope of liability for defects are excluded; the limitation period does not begin again if a replacement delivery follows within the scope of liability for defects.

The above limitations of liability and shortening of the limitation period shall not apply: to claims for damages and reimbursement of expenses by the customer; in the event that the seller has fraudulently concealed the defect.

In addition, for entrepreneurs, the statutory limitation periods shall not affect any existing statutory right of recourse.

If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

If the customer is a consumer, he is requested to complain about the goods with obvious transport damage directly to the deliverer and to inform the seller of this. (This regulation has no effect on his legal or contractual claims for defects).

Excluded from the liability for defects are damages caused by natural wear and tear, improper use and/or lack of and/or incorrect care.

§ 11 Liability 

 Our statutory liability remains unaffected.

§ 12 Applicable law, dispute resolution 

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer who has his habitual residence in an EU member state or in the EEA or in Switzerland, the mandatory provisions of the law of the country in which the customer has his residence shall apply to the customer. These GTC do not affect the customer's rights as a consumer to invoke such mandatory provisions under applicable local law. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the competent court at the seller's place of business, unless another exclusive place of jurisdiction is given. However, the seller is also entitled to sue the merchant at the court of his place of residence or business. Jurisdiction based on an exclusive place of jurisdiction remains unaffected by this. 

Online Dispute Resolution

The European Commission provides a platform for the online dispute resolution (OS).

These are fully available from February 15, 2016 under http://ec.europa.eu/consumers/odr/.

E-Mail: info@aquaman.de

Information according to the Consumer Dispute Settlement Act (VSBG): We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 13 Closing provisions

German is contract language.
As far as clauses of these business terms are ineffective usual German law becomes effective.

Last update: 01.11.2024