General Terms and Conditions of Sale: My Pure Water GmbH
(as of February 2021)
1 General, scope of application
1.1 These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all sales contracts that you (hereinafter referred to as “you”, “your”, “yours” or “you”) enter into with us, My Pure Water GmbH, Bahnhofstr. 2, 31707 Bad Eilsen, mail: email@example.com, telephone number +49 5722 28 29 591, registered in the commercial register of the district court Stadthagen under HRB [commercial register number], represented by the managing directors Christian Feichtinger and Arne Schrader, tax number: 44/212/03911 (My Pure Water GmbH hereinafter “we”, “us”, “our”, “ours” or “ours”).
1.2 All agreements made between you and us in connection with the purchase contract arise in particular from these GTC and our electronic order confirmation. If the contract is concluded outside our online store, they shall additionally result from our individual offer.
1.3 The version of the GTC valid at the time of conclusion of the contract shall apply.
1.4 We do not accept any deviating, conflicting or supplementary terms and conditions from you unless we have expressly agreed to them.
2. Conclusion of contract via our online store
2.1 By placing the products in our online store, we make a binding offer to conclude a contract for these products.
2.2 You can collect articles from the assortment of the online store via the button “add to shopping cart” in a so-called shopping cart. Before sending the order, you can change the collected items at any time or remove them from the shopping cart. Immediately before submitting the order, your order details will be summarized and you can check these details and, if necessary, change or correct them by using the correction tools provided and explained for this purpose in the order process. You can only send the order if you have ticked the box “I accept the terms and conditions” and have thus accepted these terms and conditions. 2.3.
2.3 By sending an order via the online store by clicking the button “order subject to payment”, you place a legally binding order.
2.4 Orders for deliveries abroad can only be considered from a minimum order value. The minimum order value can be found in the price information provided in our online store.
3. conclusion of contract outside our online store
3.1 If you do not order our products via the online store, we will send you an individual offer upon request. This offer contains all details of the order. The contract of sale shall not be concluded until you confirm the offer by mail, e-mail or fax.
3.2 We reserve the right to revoke offers within 14 working days without giving reasons, unless you have confirmed them before the deadline. All offers are subject to change.
4. contract language and storage of the contract text
4.1 The contract language is German.
4.2 The complete contract text will not be stored by us. Before sending the order in our online store, you can print out the contract data using the print function of the browser or save it electronically. Immediately after sending the order, you will receive a confirmation from us by e-mail with your order data and these Terms and Conditions.
4.3 For orders outside our online store, we will send you together with our offer all contract data in text form, e.g. by e-mail, which you can print or save electronically.
5. right of revocation
See cancellation policy. >>> click here
6. prices and shipping costs
6.1 All prices stated in our online store are gross prices in euros (€) including VAT and plus applicable shipping costs.
6.2 The shipping costs are indicated in our online store. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.
6.3 If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
6.4 In the case of a shipment to non-EU countries, additional taxes, costs (e.g. customs duties) or money transfer fees (transfer or exchange rate fees of the credit institutions) may be incurred within the scope of your order, which are not paid through us or invoiced by us, but are to be paid by you directly to the responsible customs or tax authorities or credit institutions.
6.5 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
7. terms of payment
7.1 Payment of the purchase price and shipping costs is due immediately upon conclusion of the contract.
7.2 You can pay the purchase price and shipping costs at your choice by prepayment, SEPA direct debit, credit card, PayPal, Apple Pay or Google Pay.
7.3 We reserve the right to exclude certain payment methods in individual cases or to use only the payment methods prepayment, credit card or PayPal.
7.4 When paying in advance, you transfer the invoice amount before the ordered items are shipped. If the invoice amount is not received in our bank account within four (4) business days after the conclusion of the purchase contract, we will send you a payment reminder by e-mail. If the invoice amount is not received in our bank account no later than eight (8) business days after the conclusion of the purchase contract, we will cancel the order and inform you about it by e-mail.
7.5 In the event of payment by SEPA direct debit, you shall grant us a SEPA direct debit mandate upon submission of the order. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 14 days.
7.6 When paying by credit card, you provide your credit card details when placing the order. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
7.7 When paying by PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
7.8 In order to be able to pay the invoice amount via Apple Pay, you must use the browser “Safari”, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
7.9 To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
8.1 We are entitled to partial deliveries, as far as this is reasonable for you.
8.2 The delivery time is a maximum of 5 working days, unless otherwise agreed. It begins with the conclusion of the contract.
9. reservation of proprietary rights
9.1 The delivered items remain our property until full payment of the purchase price.
9.2 If you are an entrepreneur, i.e. a natural person or a legal entity or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, the following shall apply in addition:
a) We retain title to the goods until all claims arising from an ongoing business relationship have been settled. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security requires our prior written consent. In the event of seizure or other encroachment by third parties, you must notify us immediately and inform the third party of the reservation of title. You shall bear the costs of all judicial and extrajudicial defense measures.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) The retention of title shall extend to the products resulting from the processing, combination and mixing of the products at their full value. If after processing, combining or mixing with products of third parties their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, combined or mixed products. Otherwise, the same shall apply to the resulting product as to the products delivered under retention of title.
d) If you suspend your payments not only temporarily, if you apply for the opening of insolvency proceedings against your assets or if insolvency proceedings are opened against your assets or if you act contrary to the contract (e.g. in case of default of payment), we shall be entitled to take back the goods subject to retention of title. Taking back the goods shall only constitute a withdrawal from the contract if this is expressly declared in writing. If you do not pay the purchase price due, we may only assert these rights if we have previously set you a reasonable deadline for payment without success or if setting such a deadline is dispensable under the statutory provisions. After taking back the goods subject to retention of title, we shall be entitled to realize them. The proceeds of such realization, less the costs of realization and any other related expenses, shall be credited against your liabilities. The assertion of further claims for damages by us shall remain unaffected by the realization.
e) At your request, we shall release the securities from retention of title or from assignments by way of security or assignments in advance at our discretion if and to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.
10. transport damages
10.1 If you are a consumer, we kindly ask you, when goods with obvious transport damages are delivered, to complain to the deliverer as soon as possible and to contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10.2 If you are an entrepreneur, the following applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
11. defect rights
11.1 We shall be liable for material defects in accordance with the statutory provisions, in particular §§ 434 ff BGB.
11.2 However, we shall only be liable for damages in accordance with clause 9.
11.3 A guarantee exists for the articles delivered by us only if we have expressly given this guarantee in the order confirmation for the respective article.
11.4 If you are an entrepreneur, the following shall apply in addition:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.
c) A prerequisite for any warranty rights is that you properly fulfill all inspection and notification obligations owed under § 377 of the German Commercial Code (HGB).
d) The limitation period for warranty claims for the delivered goods is twelve months from delivery of the goods. The shortening of the limitation period shall not apply
a) for claims for damages,
b) in cases in which we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item,
c) in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness, and
d) in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
12.1 We shall be liable in accordance with the statutory provisions
a) in cases of malice, intent or gross negligence,
b) in cases of injury to life, limb or health
c) within the scope of a possibly expressly assumed guarantee and
d) in cases in which the prerequisites for liability under the Product Liability Act are met.
12.2 In addition, we shall also be liable in cases of simple negligence due to the breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely (so-called cardinal obligation). In this respect, liability is limited to the foreseeable, typically occurring damage. The limitation of liability according to sentence 2 of this clause 12.2 shall not apply in cases of injury to life, limb or health, in the context of a possibly expressly assumed guarantee as well as in cases in which the prerequisites for liability on our part according to the Product Liability Act exist.
12.3 Any further liability is excluded.
12.4 The above provisions on the limitation of liability shall also apply to breaches of duty by our legal representatives and vicarious agents as well as to the personal liability of our employees, representatives and bodies.
13. Set-off and retention
You may only offset against undisputed or legally established claims. You may only assert a right of retention if it is based on undisputed or legally established claims from the same contractual relationship.
14 Applicable law and place of jurisdiction
14.1 German substantive law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
14.2 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Hamburg, Germany. However, we shall also be entitled to take action against you at your general place of jurisdiction.
15. alternative dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
16. final provisions
16.1 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The above provision shall apply in the event of loopholes.
16.2 Amendments or supplements to these GTC must be made in writing.