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
2. Conclusion of contract
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.
3. Cancellation of contract by the customer
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:
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
5. Prices and payment
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.
6. Shipment and damages in transit
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
- 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.
10. Applicable law and jurisdiction