Terms and Conditions

General terms and conditions of the company Diawater

  • 1 Validity and definitions of terms

(1) The following General Terms and Conditions apply to all deliveries between a consumer in the version valid at the time of the order and us.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

  • 2 Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of the agreement apply to orders via our internet shop https:// diawater.store

(2) In the event of the termination of the contract, the contract shall be deemed to have been concluded with

Handelsagentur Arthur Tränkle

Arthur Tränkle

Zettachring 10A

70567 Stuttgart

Is achieved.

(3) The presentation of the goods in our internet shop does not represent a legally binding offer of contract on our part. Still, it is only a non-binding invitation to the consumer to order goods. By ordering the desired products, the consumer submits a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our internet shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by completing the ordering procedure provided in our Internet shop.

The order is made in the following steps:

1) Selection of the desired goods

2) Confirm by clicking on the "Order" buttons

3) Check the information in the shopping cart

4) Press the button "to checkout

5) Log in to the Internet shop after registration and entering the login details (e-mail address and password).

6) Re-examination or correction of the corresponding data entered.

7) Binding dispatch of the order by clicking the button "order with costs" or "buy."

Before the binding sending of the order, the consumer can return to the website where the customer's details are recorded and input errors are corrected or the order process is canceled by closing the Internet browser by pressing the "Back" button in the Internet browser used by him after checking his details. We will immediately confirm receipt of the order by an automatically generated e-mail ("order confirmation"). With this, we accept your offer.

(8) The terms and conditions can also be viewed at any time at https:// diawater.store. You can view your past orders in our customer area under My account --> My orders.

 

  • 3 Prices, shipping costs, payment, due date

(1) The prices quoted include the statutory value-added tax and other price components. The price for shipping within Germany and EU countries is free of charge. The current price and service overview for international shipping, among other things, can be viewed at diawater.store.

 (2) The consumer has the possibility of payment by PayPal, credit card (Visa, Mastercard, American Express), direct debit, invoice on delivery and Klarna.  Other payment methods are not offered and will be rejected.

The invoice amount is to be transferred in advance to the bank account indicated thereafter receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If an escrow service/payment service provider is used, it enables the provider and the customer to process the payment among themselves. The escrow service/payment service provider forwards the customer's debt to the provider. For more information, see the website of the relevant escrow service/payment service provider.

When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the amount shown on the invoice within 7 days of receipt of the invoice to the account indicated on the invoice. The payment is due without deduction from the date of the invoice. The customer is only in default after a reminder.

(3) If the purchaser has chosen payment in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.
If we deliver cash on delivery, the due date of the purchase price claim shall be upon receipt of the goods.

(4) If the consumer has chosen the payment invoice on delivery, he undertakes to pay the purchase price immediately but no later than 7 days after the conclusion of the contract.

(5 ) Klarna offers various payment options (e.g., hire purchase). If the customer decides to pay with Klarna (Klarna checkout solution), Klarna will collect different personal data from the customer. Details can be found in Klarna's privacy policy under the following link: https://www.klarna.com/de/datenschutz/.

  • 4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here within 1-3 working days, however at the latest after 3 working days for within Germany, 7 working days for within EU and at the latest 14 working days for within international shipping. In case of payment in advance, the period for delivery starts on the day after the payment order to the bank instructed with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period shall end on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of mail-order purchases.

 

  • 5 Reservation of title

We reserve the right of ownership of the goods until the purchase price has been paid in full.

For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved products in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you do not meet your payment obligations.

  • 6 Right of withdrawal of the customer as a consumer:

Right of withdrawal for consumers

Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity:

Cancellation policy

 

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

To exercise your right of withdrawal, you must

Handelsagentur Arthur Tränkle

Arthur Tränkle

Zettachring 10A

70567 Stuttgart

Email info@diawater.store

Inform us by means of a clear statement (e.g., a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.

Consequences of withdrawal

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

End of the cancellation policy

 

  • 7 Revocation form

 

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back).

On :

Handelsagentur Arthur Tränkle

Arthur Tränkle

Zettachring 10A

70567 Stuttgart

Email info@diawater.store

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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 a communication on paper)

_________________________

Date

_________________________

(*) Delete as applicable.

  • 8 Warranty

The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on individual information pages in the online shop.

  • 9 Disclaimer of liability

(1) Claims for damages by the customer are excluded unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded are claims for damages of the customer because of injury to life, body, health or essential contractual obligations, which must be fulfilled to achieve the contract goal necessarily. Likewise, this does not apply to claims for damages after a grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.

(2) The assignment and pledging of customer rights to third parties are excluded.

 

  • Section 10 Dispute Settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/

We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

  • 11 Language, place of jurisdiction and applicable law

The contract shall be drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply to the extent that it does not restrict any statutory provisions of the state in which the customer has his place of residence or habitual abode. The area of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

  • Section 13 Final provisions

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.

  • 14 Severability clause

The invalidity of a provision of these GTC shall not affect the validity of the remaining provisions.

Status of the T&C Apr.2020

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