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Deutsch General Terms and Conditions of Sale of aquama® – Online
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") set out the rights and obligations of the buyer related to the purchase, ordering, receipt, or delivery of aquama® products through the website www.aquama.com (hereinafter referred to as "the site") provided you are domiciled in Switzerland or the Principality of Liechtenstein.
Contact
aquama®
Talstrasse 37
8808 Pfäffikon
Phone: +41 21 807 17 37
info@aquama.com
CHE-417.497.705
1. Processing Your Order
You agree that the data you provide about yourself and your order may be shared with third parties to whom aquama® has entrusted the processing of your order, in whole or in part. aquama® only shares the partial or complete data or information necessary to ensure the efficient and prompt processing of your order.
2. Delivery
Delivery of your product is limited to Switzerland and the Principality of Liechtenstein.
Delivery fees and conditions depend on the nature of the ordered items. Orders are delivered with shipping costs (Post Pack Priority) in addition.
Shipping costs for any other specific request from the customer will be calculated according to the respective carrier's pricing scale.
All indications are subject to changes in shipping, packaging, and delivery costs and conditions. Any modification will take effect upon the update of this website.
If any parts of the machine are temporarily unavailable due to national or international geopolitical, political, or economic circumstances, the indicated delivery times may be extended.
3. Prices and Payment Terms
The full purchase price is due at the time of payment.
aquama® accepts the following credit cards for all orders placed on its website: Visa, Mastercard, American Express, and PayPal. For any questions regarding your payment, please contact us by phone at: +41 21 807 17 37.
Payment via Twint or Stripe:
The use and execution of Twint payment services are subject to the general terms and conditions defined at www.twint.ch. By validating an order, the customer explicitly accepts Twint’s GTC.
The use and execution of Stripe payment services are subject to the general terms and conditions defined at www.stripe.com. By validating an order, the customer explicitly accepts Stripe’s GTC.
Prices are subject to change without prior notice. Any modification will take effect upon the update of this website.
4. Fees and Invoicing
The Client must pay the fees specified in the orders for services provided by aquama®.
Unless otherwise indicated by aquama®, all prices are exclusive of taxes, duties, and fees. If taxes, duties, or fees are included in the prices, aquama® may adjust prices accordingly upon any change in these costs, without the Client having any special right of termination.
Taxes, duties and/or fees—including but not limited to withholding taxes and/or deductions—imposed by or on behalf of foreign government authorities on transactions under the contracts are the Client’s responsibility unless the Client provides proof of an exemption. If such a tax or duty must be withheld or deducted from any payment under this contract by the Client, the Client will increase the payment amount accordingly so that aquama® receives the full amount that would have been payable without such withholding or deduction.
Additional taxes, duties, or fees incurred in relation to services performed abroad (e.g. deployment of aquama® personnel or other auxiliaries at customer sites outside Switzerland) must also be paid by the customer. aquama® will inform the Client in advance and endeavor to avoid or reduce such costs. The Client shall inform aquama® in advance of any relevant tax changes concerning its foreign sites covered by the scope of services. aquama® is entitled to adjust its prices and services accordingly.
aquama® will require payment by invoice. Invoices must be paid within 30 calendar days of billing, according to the exact amount stated on the invoice.
Invoices are deemed approved by the Client unless the Client objects in writing, stating the objective reasons for the objection, within 90 days from the invoice date. Incorrect invoice items do not entitle the Client to withhold payment of the correct ones.
The Client will be in default after the payment deadline. The legal default interest rate applies. In the event of default, aquama® may make the provision of further services subject to full payment of all outstanding invoices and, at its discretion, to advance payments or other guarantees.
If no special price agreement has been made for the services requested by the Client, the Client will be charged at actual cost using the applicable hourly or daily rates.
aquama® is entitled to charge the Client reminder fees (plus interest for late payment). aquama® may also engage third parties for collection purposes or assign receivables to such parties.
Different types of services are shown separately on the invoice.
Payment Reminder: If you do not pay the invoice after the free first reminder, reminder fees will be charged. Reminder fees amount to CHF 30.–.
4.1. On-Demand Fees
Certain services (e.g., signatures or identification) are offered “on demand.” Requests are summarized monthly and invoiced at the end of each month of service. The statement of services includes the number of requests made that month.
4.2. One-Time Fees
One-time fees may be charged for consulting services and/or individual services or for setup and/or connection fees at the start of service for the client's packaging of products and/or project-specific expenses. Vouchers entitling the client to request services are also purchased in advance as one-time charges. These can be found in the order form, contract, or online order form for the service.
4.3. Monthly and Annual Usage Fees
In addition to on-demand fees (rentals), fixed annual fees may be charged for services or quotas at the beginning of each contract year or at the beginning of each following month. These can be found in the order form, online order form, in the client's application, or in the contract. In case of early termination of the contract, no already-paid annual fees will be refunded.
5. Return and Refund Policy
All purchases are final and non-refundable. However, in support of an ecological objective, any aquama® merchandise may be returned to partners or to our premises.
6. Refusal of Delivery
In the event of an unjustified refusal to accept a delivery, we reserve the right to charge the customer for the costs and inconveniences incurred. Our right to enforce the contract remains unaffected.
7. Undeliverable Packages by Post
If a parcel cannot be delivered by the postal service, it will be held for 7 days at the local post office. If it is not picked up within this period, it will be returned to aquama®. aquama® reserves the right to charge the customer for the cost of a second shipment.
8. Warranty
aquama® provides a 2-year warranty against material and manufacturing defects. If you are not satisfied with your product within the warranty conditions, please contact aquama® Customer Service by phone at +41 21 307 17 31 or by email at info@aquama.ch.
Please note that as a consumer, you have statutory rights under the laws applicable in your country concerning the sale of consumer goods. These rights are not affected by this warranty.
9. Liability
Warning! aquama® can only be held liable for consequential damages resulting from intentional misconduct or gross negligence on the part of aquama® (i.e. failure to use products as intended or in combination).
10. Order Acceptance
Acceptance of the order and execution of the contract binding you to aquama® become effective once aquama® has shipped your order or when you have received an order confirmation from aquama®. Your order may be refused under the following circumstances:
- The product you ordered is out of stock;
- A pricing or product identification error has occurred;
- aquama® is unable to obtain authorization for your payment.
11. Retention of Title
All goods remain the property of aquama®—and the buyer does not acquire ownership rights—until full payment of the amount due for the relevant products, including shipping costs, freight, and any other charges related to the purchase or delivery of said products.
The customer is not permitted to resell the goods to third parties prior to full payment and, accordingly, prior to the transfer of ownership from aquama® to the customer.
12. Miscellaneous Provisions
We recommend that you print a copy of your order for your records.
13. Governing Law and Jurisdiction
Our business activity and the relationship between the client and aquama® are exclusively governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Regardless of the customer’s domicile or the location of their company, whether in Switzerland or abroad, aquama®’s registered office shall be the place of performance, collection, and exclusive jurisdiction for all proceedings.
14. Final Provisions
If any of the present provisions is excluded from the contract or deemed invalid for any reason, the validity of the remaining provisions shall remain unaffected. In such a case, the invalid or excluded provision shall be replaced by the statutory regulation that most closely reflects the intended meaning of the original clause.
aquama® reserves the right to amend its General Terms and Conditions at any time.