General terms and conditions Last update: January 2016
The following English translation of the Aquatuning general terms and conditions is only a service for our-English-speaking and is FOR ORIENTATION PURPOSES ONLY! It is of no legal validity!
For any legal claims from the Aquatuning Gmbh only the German general terms and conditions are legally binding and valid and can be found at www.aquatuning.de here! or below the page! Only German law excluding the Uniform Law on the International Sale of Goods (CISG) , even if the customer lives abroad or the place of business lies abroad.
The general terms and conditions regulate the conclusion of contract and responsibilities between the company Aquatuning Gmbh,: Nathanael Draht & Andreas Rudnicki and the user (customer) as well as the handling of the contracts between the user and www.aquatuning.de, owner:
- Scope of validity:
For the business interactions and relations between the Aquatuning GmbH, Carl-Zeiss-Str. 2, Schloß Holte-Stukenbrock (Hereafter referred to as "Aquatuning") and the customer only the following general terms and conditions in the version current at the time of the order apply. Differing conditions of the customer are not accepted by Aquatuning unless Aquatuning has accepted the validity explicitly and in written form.
- Conclusion of contract
2.1 The presentation of the merchandise in our webshop is not a binding offer to the customer but only a non-binding online catalogue.
2.2 The dispatch of the customer's order is an offer for the conclusion of a sales agreement for the included merchandise of the order under the conditions included with the order.
2.3 After the receipt of the order Aquatuning sends an Email to the customer which confirms the receipt of the order and lists the details of the order received (order confirmation). This order confirmation is not an acceptance of the offer of the customer but only has the purpose of informing the customer of the receipt of the order by Aquatuning.
2.4 A purchase agreement is only concluded when Aquatuning ships the ordered merchandise to the customer and confirms the dispatch with a second Email to the customer, but at the latest with the delivery of the order to the customer. No sales agreement is concluded for merchandise of the same order which is not listed in the dispatch confirmation. The same applies to merchandise not included in the shipment if no dispatch confirmation was sent previously and the contract is therefore concluded with the delivery of the merchandise to the customer.
- Revocation of the contract for consumer customers
Customers, which are consumers, have the following right of revocation. A customer is a consumer if his order at Aquatuning cannot be attributed to his commercial or independent job related occupations.
Revocation rights information
Right of revocation
You may revoke your order within two weeks without giving reasons in written form (e.g. Mail, Fax, Email) or – should you have received the merchandise before expiration of the deadline -by returning the merchandise. The deadline begins with the receipt of this information in written form, but not before receipt of the merchandise by the recipient (in case of regular shipments not before receipt of the first partial shipment) and also not before fulfillment of our information obligation as laid down in article 246 §2 in association with §1 subparagraphs 1 and 2 EGBGB as well as our obligations according to §312e subparagraph 1 sentence 1 BGB in association with Article 246 §3 EGBGB. For observance of the deadline timely dispatch of the merchandise or revocation in written form is sufficient.
The revocation is to be sent to:
33758 Schloß Holte-Stukenbrock
Fon: (+49) (0) 5207 95846-140
Fax: (+49) (0) 5207 95846-222
Consequences of a revocation:
In case of a valid revocation each party shall return to the respective other party the benefits received and return possible added benefits (e.g. interest). If the merchandise is returned to us in a completely or partially worsened state you must therefore pay a compensation for the loss of value if applicable. This does not apply if the value of the merchandise was reduced only by checking the items as it would have been possible in a retail store. The liability for a compensation of loss of value can also be reduced by not taking the items into operation as if they were in your possession and by refraining from anything which reduces the value of the item(s). Merchandise transportable by parcel are to be shipped back to us. You must cover the cost of the shipment if the shipment was complete and contained the items as odered and the value of the goods returned is below 40€ or if the merchandise has a value of more than 40€ and you have not provided your consideration at the time of the revocation or have not made a down payment agreed on in the contract.
Items not transportable by parcel will be picked up from your location. Items not suitable for parcel shipment will be picked up. Obligations for the refund of payments must be fulfilled within 30 days. The deadline begins for you with dispatch of your declaration of revocation or dispatch of the items to be returned, for us with receipt of the items.
End of the revocation rights information
3.3 Consequences of revocation: You must cover the cost of the return shipment if the delivered merchandise correspond with the placed order and if the price of the returned items does not exceed a value of 40€ or if you have not yet provided your consideration or a contractually agreed partial payment at the time of the revocation. In all other cases the return shipment is free of charge to you.
3.4 Agreement on cost bearing: Should you make use of your right of revocation, you must cover the regular cost of the return shipment if the delivered merchandise correspond with the placed order and if the price of the returned items does not exceed a value of 40€ or if you have not yet provided your consideration or a contractually agreed partial payment at the time of the revocation. In all other cases the return shipment is free of charge to you.
Registration of the customer, customer account
3.1 In order to be able to make orders at the Aquatuning webshop it is required that the customer registers at Aquatuning and creates a customer account
3.2 Immediately upon registration Aquatuning will send an E-Mail with the customer information to the E-Mail provided by the customer during the registration process.
3.3 The customer must ensure that the provided E-Mail address is reachable and not excluded from receiving messages due to forwarding, cancellation, spam filter settings or overfilling. The customer must keep the account password safe from misuse by third parties and must not pass it on to third parties.
4. Prices and conditions of payment
4.1 All prices given in our webshop include the VAT tax required by law. All prices are calculated for processing from our facilities in Bielefeld including all packaging and excluding any shipping and , if applicable, COD fees and costs for shipping inside of the EU. Net Shipments to destinations outside of the EU (e.g. Switzerland) are excluding any further cost such as VAT or customs charges. Please contact your local customs office to inquire about the costs (Switzerland: www.ezv.admin.ch) Further information regarding shipping cost and payment can be found at the item ''Shipment'' on the Aquatuning homepage at
4.2 The customer may pay by advance payment or COD (Cash on delivery). International orders will only be processed when the payment is handled via advance payment or, upon request, PayPal
Advance payments can be made by either bank transfer or PayPal. When ordering via advance payment you will receive an automatically generated Email which informs you of our bank account details and the order number of you order. Please give this order number together with you full name as the reason for payment. Please note that, depending on the weekday and speed of the bank, a transfer to our account may take 1 to 5 days. Your order can only be processed after we have received the payment.
COD (cash on delivery) orders:
COD orders are usually paid in cash to the delivery person of the carrier (please be sure to have the precise amount ready as the delivery personnel usually does not carry any change!) Please note that DHL and GLS will charge an additional €2,00 COD fee which will not be listed on our bill.
4.3 The customer only has set-off rights if his counterclaims are established in a legally binding form and unquestioned or accepted by us. The customer only has the right of detention if his counterclaim is based on the same legal affair.
4.5 Minimum order value
There is no minimal order value for end user customers. For commercial customers we will charge a markup for small-volume purchases of 5,-€ Net If the order value is below 50,-€ Net.
4.6 Please note that with orders from countries such as Switzerland and other countries which charge an import tax Aquatuning has no influence on the amount of customs charges and taxes of your country. In this case please inform yourself about the cost for you upon import of the order to your country. These fees are NOT charged by Aquatuning and are NOT included in the shipping cost. If your order is subject to payment of VAT upon import into your country (e.g. Switzerland) you may deduct the German VAT from your order and not transfer it.
5. Delivery and transport damage
5.1 The order is delivered by dispatch from our warehouse to the delivery address provided by the customer or - if arranged for - by collection by the customer.
5.2 If Aquatuning accepts the order of the customer, assembly and dispatch of the order will be initiated immediately after the order is received. If the order contained only items listed as “in stock”, the order will usually be shipped within the next working day. If the item is marked with “Shipping date:” or “expected”, the order will be dispatched as soon as all items are available. If an order contains items of different availability, the order will only be shipped when all items are available unless something else was agreed on.
5.3 Delivery of advance payment orders:
When paid via advance payment the order will be dispatched as soon as the full billed amount is credited to Aquatuning. Aquatuning will not reserve items for the customer for advance payment orders. Should a delay result from this, if e.g. an ordered item has sold out in the meantime and has to be re-ordered, Aquatuning will immediately inform the customer of this.
5.4 If the delivery is to be made to the delivery address provided by the customer Aquatuning will commission a delivery company (For national orders usually GLS). The risk of loss during transit in is covered by Aquatuning in the relationship to the customer according to law if the customer is not in delay of acceptance.
5.5 In order for Aquatuning to be able to claim any damages during transit from the carrier the customer must note any visible damages to the shipment to the delivery personnel and must note it on th receipt. Damages not visible upon delivery of the parcel must be reported to the carrier within 7 days from delivery as otherwise it is assumed that, at the expense of Aquatuning, the order was delivered without any damage. Aquatuning is therefore depending on your cooperation when handling transport damages.
Externally noticeably transport damages:
You are not generally obliged to open the package upon receipt to check for any transport damages. However, is a transport damage reasonably presumable from the outer appearance of the parcel,. e.g. if it is greatly damaged, crushed, torn or if the package contents are sensitive and it rattles when shaken, you must open the parcel in the presence of the delivery personnel and check for any damages inside of the package. This obligation to check only extends to checking for any obvious damages such as broken items or deformation of the merchandise or if the merchandise rattles when shaking it (Internally loose parts). If this check indicates a transport damage it must be noted to the deliverer and must be confirmed by him. The delivery personnel is legally obligated to confirm the damage. Afterwards please leave the order in the original packaging (as far as still possible), do not use it and immediately contact us via telephone or Email so we can take care of processing the damage claim.
Externally not noticeably transport damage:
In order for us to be able to claim any transport damages from the carrier we kindly ask you to unpack your order within 4 days of delivery. If you notice any damages during unpacking please leave the imtems (as far as still possible) in the original packaging and do not use them and immediately inform us via telephone or Email of the damage in order for us to take care of the damage claims.
Your guarantee claims because of possible transport damage remain untouched from the preceding arrangements.
6. Reservation of proprietary rights
The delivered merchandise remains property of the Aquatuning Gmbh until fully paid for.
7.1 Any images used for merchandise presentation in the webshop of Aquatuning are only exepmplary. They do not always depict the item advertised lifelike but only serve for illustrating purposes. Especially the colour may deviate from the original due to different colour setting of computer displays. Only the technical description of the article is valid!
7.2 Obvious deficiencies must be reported by the customer to Aquatuning in written form (e.g. mail, Fax, Email) within three weeks of delivery of the merchandise. A deficiency is obvious if it occurs to an objectively considering average customer who is not specially familiar with the subject of the contract (the merchandise) without any unusual examination. If a deficiency is only noticeable after examination by a professional and/or requires larger amounts of time and/or money to be noticed it is not obvious.
7.3 The customer is required to back up any data possibly saved on an item before returning it.
Aquatuning is not liable for any loss of data on items returned to Aquatuning.
7.4 Should a claim of deficiency prove to be unjustified Aquatuning will send the merchandise back to the customer. The cost including the examination expenses is to be paid by the customer. Aquatuning reserves the right to charge a flat charge of 30,00EUR in this context to cover the examination and handling expenses. The right to assert higher expenses remains reserved. The customer is permitted to prove that the actual expenses by Aquatuning were lower.
7.5 If Aquatuning is, without own negligence, unable to eliminate a deficiency by replacing the merchandise because it is e.g. sold out or if a repair is not possible or only possible wit disproportionate cost Aquatuning has the right to withdraw from the contract with the customer. In this case the customer will be informed immediately that the ordered item is not available any more and that a repair is only possible with disproportionate expenses. All payments made by the customer will also be refunded immediately.
7.6 The terms of 7.5 apply to wrong deliveries and wrong delivered amounts respectively
7.7 The warranty period extends 2 years after delivery of the merchandise to the customer
7.8 No warranty is applicable to damages caused by incorrect application, faulty operation or installation, normal wear and tear, careless operation, disregard of the inspection- or operating manual as well as improper repairs or modifications applied by the customer or third parties.
8.1 Aquatuning is liable without any restrictions according to the legal regulations for damages of the signatory which are caused by intentional or grossly negligent actions of Aquatuning or its assistants. The same applies to damages according to the Product liability act.
8.2 Apart from that the liability of Aquatuning for claims of damage - no matter for what legal reason - is limited according to the following regulations if no warranty taken by Aquatuning results in different conditions:
"For negligently caused damages Aquatuning is only liable in the limits of the typically foreseeable damages
" The liability of Aquatuning for negligently caused loss of data and/or programs is limited to the usual recovery effort which would have resulted when regular and adequate data backups were made by the signatory
" For negligently caused damages caused by delay by Aquatuning the liability of Aquatuning is limited to the typically foreseeable damage, but at most 5% of the agreed overall price of the affected contract.
No liability is taken in case of commercial use of the products as well as use in any other than the intended application, which, if nothing different is specified, is a home computer.
8.3 The regulations of the preceeding clause also apply to a limitation of the indemnifiability for useless expenditure (§ 284 BGB).
8.4 The preceding liability terms also apply for assistants of Aquatuning
9. Data storage
All data collected on this website us treated according to the regulations of the federal data protection law (Bundesdatenschutzgesetz/ BDSG) and the Information and telecommunication service law (Informations- und Telekommunikationsdienstegesetz/IuTDG) No personal data will be passed on to third parties without explicit permission of the affected parties.
10. Applicable law
Only German law, excluding the EN sales convention, applies, even if the customer lives abroad or the place of business lies abroad.
Additional Conditions for billing and hire-purchase:
The billing of the website via credit card is carried out by:
HUELLEMANN & STRAUSS ONLINE SERVICES S.à R.L.
1, Place du Marché
R.C.S. Luxembourg B 144133
E-mail: info @ hso-services.com
Dipl. Vw. Mirko Hüllemann
Payment by invoice and financing:
In cooperation with Klarna we offer you the purchase invoice and hire-purchase as a payment option.
Please note that Klarna invoices and Klarna are only available to end consumers and that the payment has to made to Klarna.
The payment period is 14 days from the invoice date. The invoice is issued when delivering the goods and sent either by e-mail or together with the goods. The full Terms and Conditions for purchase on account, click here. The Online Store collects the purchase invoice with Klarna a fee of 0,00 Euro per order.
With the financing service of Klarna you can (but not less than 6.95 €) to pay purchase flexible in monthly installments of at least 1/24 of the total amount. For more information about Klarna including the Terms and Conditions and the European Standard Consumer Credit Information can be found here.
Data protection notice