Terms of service

Conditions of sale and delivery

www.aquamarketonline.ch

1. Fields of application

1.1. The operator of the online shop www.aquamarketonline.ch and your contractual partner is:

Watertec GmbH 

IGZ Grausacher 6, 3213 Liebistorf

info@aquamarketonline.ch

1.2. These general conditions of sale and delivery apply to all distance purchase contracts entered into on the website www.aquamarketonline.ch with the company Watertec GmbH, unless there are overriding conditions of sale and delivery agreed in writing between the client and Watertec GmbH. The placing of an order by the client equates to full and unreserved acceptance by the client of these conditions of sale and delivery and their precedence over their own ones.

1.3. These conditions of sale and delivery still apply even if they have been communicated to the client other than in the form of an attachment.

1.4. These conditions of sale and delivery can be subject to amendments. In respect of the ordering procedure, you acknowledge the conditions of sale and delivery in their version in force at the time that the order is sent.

1. Products

2.1. The products governed by these conditions of sale and delivery are those that appear on the website www.aquamarketonline.ch .

2.2. The products are offered as long as stock is available; the availability of the products is checked when the order is prepared.

2.3. The essential characteristics of the products are shown with the utmost possible accuracy.
Clear and obvious errors in what is offered are not binding on Watertec GmbH.
The intention of the photographs reproduced is to illustrate the products presented but they are not contractual; you should refer to the description of each product to ascertain their essential characteristics.

1. Entering into the contract

3.1. The client cannot consider the sending of documents such as catalogues, price lists or cost proposals to constitute the sending of a quote, knowing that the conditions of sale and delivery appearing in those documents can be amended at any time without notice.

3.2. To finalise his/her/its Order, the purchaser must select his/her/its payment method and pay for his/her Order by clicking on the “Order” tab.

By clicking on the “Order” tab, the purchaser expressly and unreservedly accepts these general conditions of sale and delivery.

3.3. All prices are net, in Swiss francs (CHF) and include VAT. Watertec GmbH reserves the right to amend the prices indicated on the website and the conditions of sale and delivery. The prices and conditions of sale and delivery which govern the parties’ transactions are those that apply when the contract is concluded, which is the day of the order.

3.4. All orders accepted by Watertec GmbH are in principle fulfilled at the agreed price. However, Watertec GmbH reserves the right to adjust the agreed price to take account of possible price increases of the merchandise that Watertec GmbH procures from third parties. Where appropriate, Watertec GmbH will advise the client of such increases in advance and in good and due form. By means of a written notification, the client may terminate the contract up to the date that such changes come into effect, otherwise the client will be deemed to have accepted them.

3.5. The company Watertec GmbH is entitled to use auxiliary persons.

1. Payment

4.1. The client can choose to pay the purchase price by credit card (VISA, Mastercard), debit card (Visa, Mastercard), TWINT or other online payment methods, as long as such payment methods are provided and available on the website. The data is sent in an encrypted form at the time of payment by credit or debit card.

4.2. All prices are in Swiss francs, including VAT. Unless there is written contractual agreement to the contrary, transportation and/or insurance and/or storage expenses are not included in the price.

4.3. Watertec GmbH reserves the right to fulfil and invoice the order in parts.

1. Delivery and transfer of risks

5.1. All products purchased on www.aquamarketonline.ch are deliverable in Switzerland.

5.2. The delivery dates indicated are approximate and not binding. A delay in delivery or in fulfilling a service will not result in the client having any right to terminate the contract or claim damages or additional services. In the event of force majeure (armed conflict, accident, public unrest, strike, occupation of business premises, transport disruptions, etc.) or in the event of shortage of labour, energy resources or raw materials, Watertec GmbH shall be relieved of its obligation to meet delivery deadlines without it being able to be held liable for any loss or damage and it may terminate all or part of the contract without the client being able to claim damages. The previous clause applies in the event of late delivery or non-compliant delivery by one of Watertec GmbH’s subcontractors.

5.3. The merchandise travels at the client’s risk, even though Watertec GmbH will have paid for or invoiced the transportation expenses. If delivery is impossible because of the client’s absence on the date and at the place agreed for delivery, the expenses for a second transportation will be invoiced to the client in addition and will be payable when the principal amount is due.

1. Retention of title

All merchandise remains the property of Watertec GmbH until all contractual and payment obligations have been fulfilled. Once the merchandise is consigned for the client or leaves Watertec GmbH’s site, the client assumes the risk of loss, damage or destruction thereof. In the event of non-payment of the agreed purchase price, and after an unsuccessful reminder, Watertec GmbH may terminate the contract as of right by sending a notice of termination by registered letter, in which case Watertec GmbH may claim compensation for the loss resulting therefrom, and in which case the client will be obliged to return the merchandise on request. If the merchandise is not returned within 48 hours, Watertec GmbH may retrieve the merchandise itself, in which case Watertec GmbH may claim compensation for the loss resulting therefrom. The application of this clause equates to express termination.

1. Right to return

7.1. You are entitled to return the merchandise delivered within a period of fourteen (14) calendar days (from the date of confirmation of delivery or receipt). The delivery time frame is met if the merchandise is sent to the post office or to another shipping company for return up to the last day (with evidence of the date of sending being the postmark).

7.2. The merchandise and all of its accessories must be packed in their original packaging and must be returned fully with the delivery note and the address label.

7.3. Items which we have ordered specially for you from our suppliers are excluded from the right to return.

7.4. The costs of the returns (including exportation tariff) are payable by you, provided that the merchandise delivered corresponds to that ordered. If the merchandise is not sent back correctly, we will invoice you for the loss of value caused.

7.5. If the merchandise is sent back correctly, we will reimburse you for the total price paid, after checking the merchandise, by means of a credit. You are always reimbursed on the payment method used for the purchase. For any possible reimbursements from invoiced purchases, we will reimburse the amount to you on the corresponding account.

1. Claims and liability for defects

8.1. Any claim for non-compliance or obvious defect in the product delivered should be lodged by registered letter without delay and no later than 48 hours after delivery, on pain of risking non-compliance with the time frames. Claims of another nature should be made within eight days at the same conditions. The burden of proof for a claim rests with the client. In the above cases, the due date is the reference date for collection. Any dispute of our invoices should be submitted by registered letter within eight days of the invoice date.

8.2. The warranty rights under the law of obligations are excluded and replaced by the following warranty conditions of sale and delivery. The warranty takes effect on the date of the delivery and lasts for 24 months. This warranty is only applicable in the case of correct use and is limited to the repair of the defective part. The warranty is cancelled if the client or a third party carries out improper modifications or repairs or if, in the event of a defect, the client does not allow Watertec GmbH to carry out its repair without delay. If he/she/it wants to claim under the warranty, the client must advise Watertec GmbH of this by registered letter within eight days from the occurrence of the case justifying said claim. The claim under the warranty does not relieve the client of his/her/its obligation to pay Watertec GmbH’s invoice. The merchandise cannot be returned to Watertec GmbH without its prior written agreement. Watertec GmbH’s agreement for the merchandise to be returned may not be considered an acknowledgement of liability or proof of the defectiveness of the merchandise returned. In the event of a return, Watertec GmbH is in any event entitled to claim restitution of the expenses for the safekeeping of the merchandise returned, together with other expenses associated with its storage. In the event of loss during the return transportation of merchandise to Watertec GmbH, regardless of the reason for such return, the client will be obliged to fully pay for such merchandise.

8.3. Watertec GmbH may not be held liable in the event of incorrect information provided by the client or in the event of normal wear and tear, non-compliant maintenance, non-compliant use or another cause not attributable to Watertec GmbH. Watertec GmbH may not be held liable in the event of consequential or indirect loss or damage, i.e. business interruption and in the event of additional expenses suffered by the client. Should a third party implicate Watertec GmbH for a defect for which it is not liable, the client will release Watertec GmbH from all costs that it would have to bear for this.

8.4. Watertec GmbH may not be held liable for loss or damage associated with the merchandise delivered by it in the event that said merchandise has been commissioned by its dealers or by a third party on the advice of its dealers.

8.5 In buying a product, the client declares that he/she/it is aware that the installation and the commissioning of the purchased product must be done in accordance with best practices.
The company Watertec GmbH cannot be held liable under any circumstances for loss or damage – whether to the client or to third parties – which are caused or suffered following an installation and a commissioning of the product which has not been done in accordance with best practices. Watertec GmbH is also entitled to refuse the returns (art. 7) and the warranty (art. 8.2) if the merchandise returned has been damaged or destroyed following an incorrect installation or commissioning of the product.

1. Data protection

Where it is necessary to fulfil its obligations, Watertec GmbH processes personal data in accordance with Swiss legislation on data protection. The client determines the purpose and the means of processing his/her/its personal data and assumes liability for it (within the meaning of the (new) DPL). Watertec GmbH’s role is limited to processing orders and it only processes personal data on the client’s authorisation. With regard to the processing of personal data, both parties undertake to comply with the provisions in force on data protection. The client releases Watertec GmbH from any loss or damage and direct and indirect expenses (in particular legal and administrative expenses) linked to third party claims. The client declares that he/she/it has taken note of our data protection policy which appears on our website.

1. Severability clause and right to amend

10.1. In the event of partial or total invalidity of any of the clauses of these conditions of sale and delivery, its other clauses shall remain in force and the parties, acting in total good faith, shall replace said clause with another one which will be as close as possible to it, from both a legal and economic viewpoint.

10.2. Any amendment and any addition to these conditions of sale and delivery need a form allowing written proof, such as a letter, a fax or an e-mail. This provision is also valid for an amendment to the written form requirement. As soon as you benefit from our services after the amendment, you tacitly accept our new conditions of sale and delivery. The version of the conditions of sale and delivery in force on the reference day can be viewed on and printed from www.aquamarketonline.ch.

1. Governing law

The contractual relationship between the client and Watertec GmbH is exclusively governed by these general conditions of sale and delivery and, subsidiarily, by the provisions of Swiss law.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods is excluded by these conditions. Exclusive jurisdiction is assigned to the court of the registered office of Watertec GmbH for any dispute occurring between the parties.