General terms and conditions

General terms and conditions

These general terms and conditions regulate the conclusion of contract, the liabilities of Watercool e.K. and of the user (customer), as well as the implementation of contracts between the user and Watercool e.K.

1. Area of application

 
Business contracts between Watercool e.K., Zum Mevenbruch 6, 17912 Waren OT Warenshof, Germany (henceforth Watercool) and the customer are liable only to the following terms and conditions in the version valid at the point of ordering. Differing conditions by the customer are not acknowledged, except Watercool expressed explicit and written acknowledgement beforehand.

2. Conclusion of contract

2.1
The presentation of products in our online shop is not a binding offer to the customer, but part of a non-binding online catalogue.
2.2
Ordering in our online shop represents an offer of contract conclusion regarding the included goods under the conditions transmitted during ordering.
2.3.

After receiving an order, Watercool will send a confirmation e-mail containing order’s details (confirmation of order). This confirmation does not represent an acceptation of the order, but merely informs about the order having been received by Watercool.

 
2.4
A conclusion of contract only occurs, when Watercool has shipped the order to the customer and confirmed this shipment in a second e-mail (confirmation of shipment), or when the shipment is delivered to the customer. This conclusion of contract does not include items of the order that are neither mentioned in the confirmation of shipment, nor found within the shipment on delivery.

3. Cancellation of contract by the customer

 
Customers, who are ultimate consumers, have the right to cancel their contract as described below. A customer is an ultimate consumer, if his/her order from Watercool cannot be associated with his/her commercial or self-employed occupation.

Cancellation

Cancellation rights:

You may cancel your contract within 14 days and without stating reasons. You may do so either in written form (e.g. letter, fax, e-mail) or – after delivery – by returning the unwanted goods. The 14 day period starts upon reception of these terms and conditions, but not before delivery of the order (in case of repeated shipments of similar products: not before delivery of the first partial shipment), neither before fulfilment of our obligation to inform according to article 246 § 2 in combination with § 1 clause 1 and 2 EGBGB (German “Einführungsgesetz zum Bürgerlichen Gesetzbuch”), and neither before the fulfilment of our obligations according to § 312g paragraph 1 clause 1 BGB (German “Bürgerliches Gesetzbuch”) in combination with article 246 § 3 EGBGB. To meet the cancellation time limit, timely dispatch of the cancellation is sufficient. The cancellation shall be sent to:

Watercool e.K., Inhaber: Rico Weber Zum Mevenbruch 6 D-17192 Waren OT Warenshof Germany Fax: +49 (0)3991 187603 info@watercool.de http://www.watercool.de

Effect of cancellation

On cancellation, all services and products already received have to be returned. If products are returned in reduced condition, compensation has to be paid for the reduced value. This does not apply if the reduction is due to normal testing of the product, as it would be possible and common in a retail store. The payment is due within 30 days from cancellation. If the received shipment fits the order and has a total value of less than 40 €, or if you have not fulfilled your part of the contract (e.g. payment) at cancellation, you have to pay the return shipment. In all other cases, the return is free of charge for you.

You can find further information and a cancellation form within RMA on www.watercool.de. We would like to ask you to use this form in case of cancellation.

4. Registration of customers, customer account

4.1
To use the Watercool online shop, registration and customer account are required.
4.2
An e-mail containing all customer information is sent by Watercool to the e-mail account stated by the customer directly after completion of the registration.
4.3
The customer is obliged to ensure availability of the e-mail account and to prevent any obstruction of Watercool’s e-mails related to ordering being received by forwarding, deactivation, anti-spam mechanisms, or congestion. The customer is obliged to keep his password safe from misuse and may not pass it on to third parties.
4.4
You can find information on our handling of customer data within our privacy policy on www.watercool.de

5. Prices and payment

5.1
The prices in our online shop include value added tax (VAT) and packaging, but exclude any fees related to cash on delivery (COD) and shipment. You can find additional information on payment and shipping costs in our online shop on www.watercool.de.
5.2.
The customer may pay on delivery (COD) or in advance. Orders from outside Germany have to be paid in advance or (on request) via PayPal.
Payment in advance:Advance payments are done by bank transfer or PayPal. You will receive an automated confirmation of your order by e-mail, including our bank details and the identification number of you order. Please use this number and your full name as reference on the bank transfer. Your order will be processed upon reception of your bank transfer, which might take 1 to 5 days.
Cash on delivery payment: COD is usually paid to the postman (who might not be able to give change). Please note, that GLS and DHL charge additional COD fees (currently 2,00 €), which are not part of our bill.
5.3
The customer has a right to set off only, if his counterclaims have been legally determined, are undisputed by us or recognized. The customer may only make use of this right, when his counterclaims are based on the same legal relation.
5.4
When ordering from the Switzerland or other countries collecting tolls, Watercool has no influence on customs duty or local taxes. Please enquire about any fees collected upon importing the order into your country. These fees are NOT collected by Watercool and they are NOT included in shipping costs. If these fees include value added tax (VAT), the German VAT may be removed from your order before payment.

6. Shipment and damages in transit

6.1
The order is shipped from our warehouse or – if agreed upon – picked up by the customer.
6.2
The shipment will be initiated upon reception of the order by Watercool. Products listed as “in stock” will be shipped within the next two working days. Products listed as “” or “” will be shipped as soon as possible. Unless arranged differently, the whole order will be shipped only when all contained products are available.
6.3
Shipment in case of advance payment: If the order is paid in advance, shipment will occur only after reception of the complete payment by Watercool. Watercool will not set aside the ordered products. If delays occur, e.g. because a product has been sold out in the meantime, Watercool will inform the customer immediately.
6.4
Watercool will assign a carrier for shipment to the customers address (within Germany usually GLS). Towards the customer, Watercool will take all responsibility regarding damaging or loss of the order during shipment, as long as the customer is not in default of acceptance.
6.5
External damages of the shipment have to be indicated to the postman to allow Watercool reclaim compensation for the damage. Internal damages have to be indicated to the carrier by Watercool within seven days after delivery. Therefore, Watercool asks for your support and timely reclamation of any damages due to transport, as otherwise the shipment will be considered flawless and Watercool responsible.
Externally visible damages: You are not generally required to open and inspect the shipment upon delivery. However, if any damages are to be expected, e.g. because of external damage to the parcel, you have to inspect the shipment for internal damage (e.g. broken products) in presence of the postman. If any damage is found, indicate it to the postman. He is required to hand out a confirmation. Do not use any damaged products, but leave them within their packaging and notify us immediately via telephone or e-mail.
Damages that are not externally visible: To allow us to make use of our rights towards the carrier, we would like to ask you to unpack the shipment within four days from delivery. Please inspect all products for damages upon unpacking. If any damages are found, please leave the product within its packaging and do not use it, but notify us via telephone or e-mail. Your warranty against transport damages is not influenced by this regulation.

7. Reservation of proprietary rights

7.1
The products are owned by Watercool until full payment has occurred. If the customer orders as entrepreneur according to § 14 BGB (German “Bürgerliches Gesetzbuch”), the following regulations 7.2 to 7.5 are applied.
7.2
As long as Watercool is the legal owner of the products, the customer is required to handle the products with care. Further on, he/she has to notify Watercool immediately in written form if the products are pawned or subjected to third party influence in other ways. If the third party is not able to compensate Watercool for lawsuit costs (legal and otherwise) according § 771 ZPO (German “Zivilprozessordnung”), the customer is liable for the loss occurring to Watercool.
7.3
The customer may resell the retained goods within ordinary course of business. The customer hereby transfers to Watercool all his claims (invoice including value added tax) arising from the resale. This transfer does apply whether the goods have been processed or not. The customer may still collect these claims after transfer. This does not affect the right of Watercool to collect the claims by themselves. However, Watercool will not collect the claims as long as the customer does fulfil his payment obligations using the collected revenue, is not in delay of payment and especially has not filed a request for insolvency proceedings and as long as no cessation of payments occurs.
7.4
Processing and modification of the purchased goods by the customer is done in the name and by order of Watercool. The customer’s expectant right is extended to the modified/processed goods. If the goods are processed in combination with other goods not owned by Watercool, Watercool acquires co-ownership of the generated goods, proportional to the other processed goods’ value at the time of processing. The same applies in case of mixing, with the customer acquiring primary ownership if his/her contribution is considered the principal contribution and if he/she transfers proportional co-ownership to Watercool and safekeeps the resulting sole- or co-ownership of Watercool.
7.5
Watercool obliges to release collaterals due to Watercool on request of the customer, if the their value exceeds the claims to be secured by more than 20%.

Warranty

8.1
All pictures used for presentational purpose in the Watercool online shop are for reference only. Especially colours might differ (e.g. due to different displays). The technical description of the article is decisive.
8.2
The customer has to back up all data that might be on media returned to Watercool. Watercool is not responsible for any loss of data on returned products.
8.3
If the customer does not ask for a specific type of subsequent fulfilment in his/her reclamation, Watercool may choose whether the defect is repaired or whether a non-defect replacement is sent.
8.4
If a reclamation is found to be unjustified, the goods are returned to the customer, who bears all costs, including those of the assessment effort. Claiming of higher actual effort is reserved. The customer may prove that the effort undertaken by Watercool was de facto lower.
8.5
The warranty period is two years, starting upon delivery to the customer.
8.6
No warranty is given for damages caused by inappropriate or incorrect or faulty or careless use, by faulty implementation or mounting, by normal wear and tear, by disregarding of the manual, and by inappropriate repairs or modifications by the customer or third parties.
8.7
You may find further warranty information within RMA on www.watercool.de . We would like to ask you to use the RMA form there for your reclamations.

9. Liability

9.1
According to the legal requirements, Watercool is liable for any losses of the customer which are caused deliberately or by wantonly negligent by Watercool or their assistants. The same applies for bodily injury and losses according to the Produkthaftungsgesetz (German product liability act).
9.2
Otherwise, the liability of Watercool for damage claims – of any legal foundation – is limited according to the following terms, if not specified differently by other guarantees granted by Watercool:
  • Watercool’s liability for losses caused by light negligent is limited to losses reasonably foreseeable.
  • Watercool’s liability for losses of data and/or programmes by light negligent is limited to the amount of recovery effort that would be necessary in case of regular and appropriate backups by the customer.
  • Watercool’s liability for losses due to delay is limited to typically foreseeable losses, but at the most 5% of the affected contracts total value.
9.3
The terms of the preceding clause apply to a limitation of liability to pay damages for futile efforts and expanses as well (§ 284 of German Bürgerliches Gesetzbuch).
9.4
The preceding limitations of liability apply to assistants of Watercool as well.

10. Applicable law and jurisdiction

 
Only German law applies (excluding UN purchase law), even in cases of customers with foreign domicile or office/business registered abroad.

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