This translation is provided for information purposes only. The German version is legally binding.
1. Scope
1.1. The business relationship between AQUARYLIC GmbH, with its registered office at Walgaustrasse 1b, 6714 Nüziders, Austria, and its business location at Klarenbrunnstraße 15, 6700 Bludenz, Austria (hereinafter “Seller”), and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints, and objections on working days from 9:00 a.m. to 6:00 p.m. by email at
office@aquarylic.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4. Deviating terms and conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.
2. Offers and Descriptions of Services
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. Descriptions of services in catalogs and on the Seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while supplies last,” unless otherwise stated for the products. In all other respects, errors are excepted.
3. Ordering Process and Conclusion of the Contract
3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g., deleted. The Customer can then proceed to complete the ordering process within the shopping cart via the [checkout] or [continue to checkout] button.
3.2. By clicking the [order with obligation to pay] button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time and, using the browser function “back,” return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic acknowledgment of receipt by email, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded once the Seller has shipped or handed over the ordered product to the Customer within 2 days, or has confirmed shipment to the Customer within 2 days by a second email, an express order confirmation, or by sending the invoice.
3.4. If the Seller offers payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If, despite being due and even after a further request, payment has not been received by the Seller by a point in time 10 calendar days after the order confirmation was sent, the Seller rescinds the contract, with the consequence that the order lapses and the Seller has no obligation to deliver. The order is then settled for the buyer and the Seller without any further consequences. Items are therefore reserved for a maximum of 10 calendar days in the case of payment in advance.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website include the statutory value added tax applicable at the time.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Availability of Goods
5.1. Where payment in advance has been agreed, delivery takes place after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the Seller may rescind the contract. Any payments made will be refunded to the Customer without undue delay.
5.3. If the ordered product is not available because the Seller, through no fault of its own, is not supplied with this product by its supplier, the Seller may rescind the contract. In this case, the Seller will inform the Customer without undue delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will refund to the Customer without undue delay any consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of Payment
6.1. Within the scope of and before completion of the ordering process, the Customer can choose from the available payment methods. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 7 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the Customer is in default merely by missing the deadline. In this case, the Customer must pay the statutory default interest.
6.5. The Customer’s obligation to pay default interest does not preclude the Seller from asserting further damage caused by default.
6.6. The Customer is only entitled to a right of set-off if their counterclaims have been finally established by a court or acknowledged by the Seller. The Customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
8. Statutory Warranty for Material Defects and Guarantee
8.1. Warranty claims are governed by the statutory provisions.
8.2. A guarantee exists for goods delivered by the Seller only if it has been expressly given. Customers are informed of the guarantee conditions before initiating the ordering process.
9. Liability
9.1. Without prejudice to the other statutory requirements for claims, the following exclusions and limitations of liability apply to the Seller’s liability for damages.
9.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body, or health, for a defect after a guarantee has been assumed for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Produkthaftungsgesetz (Product Liability Act) remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the Contract Text
10.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.
10.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the Customer also receives a copy of the General Terms and Conditions together with the information on the right of withdrawal and the notes on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the contract text but do not make it accessible on the internet. 10.3. To the extent permitted by law, we also use the email address provided in the context of an order to send information about our own similar products by email. You may object to this use at any time via the unsubscribe link in each email.
11. Final Provisions
11.1. The place of jurisdiction and place of performance is the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The language of the contract is German.
11.3. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
