I. Identity of UVION
UVION
is a business unit of the
Manotura GmbH & Co KG
Processional Way 38
48493 Wettringen
Phone: +49 (0) 2557-274 97 – 74
Fax: +49 (0) 2557-274 97 – 22
E-mail: info@aquatechnik.com
Steinfurt Local Court, HRA 5057
Managing Director: Dipl. Ing. Michael Schraeder
Sales tax ID: DE 814007010
Manotura GmbH & Co KG represented by the managing partner:
Manotura Management Ltd.
Processional Way 38
48493 Wettringen
Steinfurt Local Court, HRB 7087
represented by the managing director: Dipl. Ing. Michael Schraeder
Responsible for content according to § 55 II RStV:
Dipl. Ing. Michael Schraeder, Processionsweg 38, 48493 Wettringen
II Validity of the conditions
(1) Our deliveries, services and offers shall be made exclusively on the basis of these Terms and Conditions. These shall therefore also apply to future business relations, even if they are not expressly agreed again.
(2) Deviating, conflicting or supplementary general terms and conditions of the Buyer shall not become part of the contract even if known, unless their validity is expressly agreed in writing.
III. conclusion of contracts
(1) The presentation of the products in catalogs and in the online store does not constitute a legally binding offer, but serves the submission of a binding offer by the buyer. The offers are – also with regard to the price quotations – subject to change and non-binding. The ordered goods may deviate slightly from the goods shown in catalogs and on the Internet due to the technical possibilities of presentation, within the limits of what is reasonable .
(2) The Buyer may submit the offer by telephone, in writing, by fax, by email or via the order process in our online store. We are entitled to accept the offer by a written (letter) or electronically transmitted (fax or email) order confirmation or by delivery of the goods within a period of 5 days. Furthermore, we are entitled to refuse acceptance of the order without giving reasons.
(3) When placing an order via our online store, the buyer places a binding order for the products contained in the shopping cart after entering his personal data and clicking the button “Order subject to payment”. The buyer has to check his entries again before submitting the binding order. The user is given the opportunity to recognize input errors and correct them if necessary. At the end of the order, the buyer is given the opportunity to print his order. We will confirm receipt of the order electronically without delay. This confirmation of receipt does not constitute a binding acceptance of the order.
(4) When the contract with us comes into effect depends on the payment method you choose. In the case of payment in advance, the contract is concluded by a written declaration of acceptance, in which we give you our bank details. If you have chosen credit card payment, the contract is concluded at the time of the credit card charge. If you have chosen the payment method PayPal or Paypal Plus, the contract is concluded at the time of your confirmation of the payment instruction to PayPal. If you have chosen the payment method Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG. Further information can also be found under Section VII of these GTC.
(5) The conclusion of the contract is subject to correct and timely delivery by our suppliers. This restriction applies to consumers only in the event that we have concluded a congruent covering transaction with one of our suppliers and are let down by the partner to this contract. The buyer will be informed immediately about the unavailability of the service, the consideration will be refunded immediately.
IV. Right of withdrawal and consequences
Consumers have a right of withdrawal from distance contracts in accordance with § 355 BGB.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Manotura GmbH & Co. KG,Prozessionsweg 38, 48493 Wettringen ,Phone: +49 2557-274 97-0, Fax:+49 2557-274 97-22, Mail: info(a)aquatechnik.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 most 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 expiry of the period of fourteen days.you bear the direct cost 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.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
– To:
Manotura GmbH & Co KG
Processional Way 38
48493 Wettringen
Fax: +49 2557-274 97-22
E-mail: info@aquatechnik.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
– Date
______
(*) Delete as applicable
Note: We provide – in addition to the model withdrawal form – on our website at the URL:
www.aqua-technik-shop.de/media/muster-widerrufsformular.pdf
also provides a withdrawal form in the so-called Portable Document Format (PDF) for download, which can be filled out electronically and printed. You can also use this PDF form to exercise your right of withdrawal. However, the right of withdrawal and its consequences exist independently of the use of this PDF form; it only serves to facilitate the processing of the return.
V. Prices
(1) Prices are stated in euros and are net prices in our catalog, thus excluding the value added tax in the Federal Republic of Germany valid at the time of the conclusion of the contract. In our online store the prices include the value added tax in the Federal Republic of Germany valid at the time of the conclusion of the contract. The prices quoted are ex works and, unless expressly stated otherwise, exclusive of shipping costs, which shall also be borne by the Buyer as a matter of principle.
(2) The shipping costs depend on the weight of the delivery and can be found in a separate table on our homepage. In addition, they are specifically quantified in the online ordering process.
(3) For deliveries abroad, the Buyer shall bear any customs duties or taxes incurred separately. You can find further details on our homepage.
VI. terms of payment
Payment can be made by prepayment (bank transfer), by PayPal, by sofortüberweisung.de, by Master -and Visa credit card via PayPal Plus as well as by direct debit via PayPal Plus and under certain conditions on account.
In our store you can basically use the following payment methods:
Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal
After clicking the button “Checkout with PayPal” or “Direct to PayPal” you will be redirected to the website of the online provider PayPal even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via PayPal, you must be registered there or register first and legitimize yourself with your access data. There you can choose the delivery address and payment method stored at PayPal and confirm the use of your data by PayPal. You will receive further instructions during the ordering process. You will then be redirected back to our online store where you can complete the ordering process. Immediately after placing the order, we request PayPal to initiate the payment transaction. Thereupon, the payment transaction will be carried out automatically by PayPal.
PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal. You will receive further instructions during the ordering process.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or you must first register and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction.
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out and your card charged by your credit card company at PayPal’s request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). Submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited.
For payment processing via PayPal – in addition to our GTC – the GTC and privacy policy of PayPal apply. You can find more information and PayPal’s full terms and conditions for purchasing on account here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Instant bank transfer
We also offer immediate bank transfer. In this case, we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secured payment form of Sofort AG, which is not accessible to merchants, DIRECTebanking automatically places a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant’s bank account. If you choose the payment method sofortüberweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank details. In addition, the form already displays the transfer amount and the purpose of the transfer. You must now select the country where you have your online banking account and enter the bank code. Then enter the same data as when logging in to online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards you will receive confirmation of the transaction. In principle, every Internet user can use DIRECTebanking as a payment method if he or she has an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. For more information on whether your bank supports this service, click here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
(5) Deliveries and services from our online store shall not be invoiced for initial orders. For subsequent orders, payment on account is possible. We reserve the right to subsequently exclude individual customers from certain payment methods or to offer them other payment methods.
(6) In the event of payment on account, the invoice amount shall be due immediately net upon receipt of the invoice.
VII Delivery, Transport and Transfer of Risk
(1) Delivery shall be made ex warehouse Neuenkirchen to the delivery address specified by the Buyer.
(2) We deliver exclusively within Germany, to Austria and Switzerland.
(3) Unless otherwise agreed, the transport company shall be selected by us excluding liability for the choice of the cheapest or fastest mode of shipment. The shipment is for the account of the buyer.
(4) In the event that we are unable to fulfill a promised delivery of goods because the product ordered is not available to us, we shall inform the Buyer of this without delay and offer him goods of equivalent quality and price. Should the buyer refuse this – which is up to him – we are entitled to withdraw from the contract. Any purchase price already paid by the buyer will then be refunded to the buyer without delay.
(5) We shall not be liable for any delay in delivery due to reasons beyond our control, such as force majeure, riot, strike, lockout and significant operational disruptions for which we are not responsible. In any case of such delay, the delivery period shall be extended by the period lost due to the delay. If the delivery is delayed by at least 4 months beyond the original delivery date and the delivery can no longer be expected of the Buyer in good faith, the Buyer shall be entitled to withdraw from the contract.
(6) If the Buyer is an entrepreneur, the risk of accidental loss or accidental damage to the goods shall pass to the Buyer upon handover, in the case of a mail order purchase upon delivery of the item to the commissioned transport company. If the purchaser is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the purchaser until the goods are handed over to the purchaser, even in the case of sale by delivery to a place other than the place of performance. The handover is equal if the buyer is in default of acceptance.
VIII Retention of title
(1) The delivered goods remain our property until full payment of the purchase price. With respect to entrepreneurs, we reserve title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
(2) The customer is obligated to notify us immediately in writing of any access by third parties to the goods subject to retention of title, for example in the event of seizure.
(3) If the Buyer is an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business; he hereby assigns to us all claims in the amount of the invoice amount accruing to him against a third party from the resale. We accept the assignment. The purchaser shall be authorized by us to collect this claim. Our authority to collect the claim ourselves remains unaffected by this, but we undertake not to collect the claim as long as the purchaser duly meets his payment obligations and is not in default of payment. Upon our request, the buyer is obliged to inform us of the name and address of the third party debtor and the amount of all claims against the same and to hand over to us all documents necessary for the collection of the claims.
(4) We undertake to release the securities to which we are entitled at the Buyer’s request to the extent that their value exceeds the claims to be secured by more than 10%, insofar as these have not yet been settled.
IX. Warranty, guarantees
(1) The warranty period for new goods is 2 years, for used products and for contracts with entrepreneurs the warranty is reduced to 1 year. The warranty period begins with the handover of the goods to the buyer. In addition, the purchaser may have claims arising from the manufacturer’s warranty declarations enclosed with the products. The one-year warranty period shall not apply if we can be accused of gross negligence or fraudulent intent, nor in the event of bodily injury or damage to health attributable to us and in the event of loss of life, in the event of a guarantee and in the event of delivery recourse pursuant to §§ 478, 479 BGB. Likewise, the Seller’s liability under the Product Liability Act shall remain unaffected.
(2) Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods, otherwise the assertion of warranty claims is excluded. Timely dispatch shall be sufficient to meet the deadline. The Contractor shall bear the full burden of proof for all claim prerequisites, in particular for the defect, for the time of discovery of the defect and for the timeliness of the notice of defect. In commercial transactions, § 377 of the German Commercial Code (HGB) shall apply in addition.
(3) If goods are delivered to consumers with obvious transport damage, such defects should please immediately complain to the delivery agent and contact us as soon as possible. Failure to make a complaint or to contact us has no consequences for the consumer’s statutory warranty rights. However, the advertisements help to be able to assert the seller’s own claims against the deliverer.
(4) If you as the purchaser are a consumer and there is a defect, you may, at your option, demand the rectification of the defect or the delivery of a defect-free item. If you as the purchaser are an entrepreneur, the right of choice exists only for us. We may refuse the type of subsequent performance chosen by the purchaser if this is only possible at disproportionately high cost. If, in the case of a repair, the defect cannot be remedied even with a second attempt, the purchaser is entitled to withdraw from the contract or to reduce the purchase price or to demand delivery of a defect-free item. If the defect is insignificant or minor, withdrawal is excluded.
X. Liability
(1) In the case of slightly negligent breaches of duty, our liability shall be limited to the direct average damage that is foreseeable and typical for the contract according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations. The above limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us, in the event of loss of life of the Buyer and in the event of claims arising from product liability and/or warranty liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent or breach of material contractual obligations.
XI. Customer Service, Complaints, Grievances & Dispute Resolution Procedures
Our procedure for handling customer service, complaint and grievance cases complies with the requirements of professional diligence. Should you wish to make such a statement, we are available to you in writing or verbally on working days from Monday to Friday at the contact details listed under point I. Prompt processing is assured.
Irrespective of this, you can access the European platform for online dispute resolution in consumer matters at the following link: ec.europa.eu/consumers/odr/
It is pointed out that Manotura is not obliged to participate in a dispute resolution procedure before a consumer arbitration board. However, the willingness to do so can be declared in individual cases.
XII. Applicable law, place of jurisdiction, effectiveness
(1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. The choice of law shall not apply insofar as mandatory consumer protection provisions of the EU member state whose law would be applicable without a choice of law would offer the Buyer (insofar as this is a consumer) a scope of protection exceeding the consumer protection provisions of the Federal Republic of Germany.
(2) If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Manotura GmbH & Co KG.
XIII Contract text storage
When ordering via our online store, the customer is given the option at the end of the order to print or save the text of the contract. We also confirm receipt of the order immediately electronically. For this purpose, we save your order data and send them together with the legally valid general terms and conditions by e-mail. If the customer has registered, he can view past orders in the customer area on our homepage. In the case of an order without registration, the order data are later no longer accessible via the Internet.
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