GENERAL TERMS AND CONDITIONS
DE WATÈRE GMBH

  1. Scope of application, contractual partners

    De Watère GmbH, Robinsonstr. 7, 81739 Munich, Germany (“De Watère”) distributes the products (“Products”) offered in the online shop available at www.dewatere.com (“Online Shop”) in compliance with the following General Terms and Conditions (“GTC”). These GTC apply to all contracts concluded through the Online Shop for the sale of products between De Watère and a customer, who is at least 18 years old and enters into the contract as a natural person for purposes that are predominantly unrelated to its commercial or self-employed professional activities (consumer pursuant to section 13 of the German Civil Code (Bürgerliches Gesetzbuch; “BGB”)).

  2. Contract conclusion and information regarding the order process

    1. The offers of De Watère in the Online Shop shall be non-binding.

    2. These offers are solely aimed at consumers, who are at least 18 years old and have a delivery address in Germany, Austria or Switzerland.

    3. Prior to placing your order, you must log on using your user account or create a user account for the Online Shop. 

    4. In order to open the user account, you must provide personal information. Your e-mail address is used as a login name. If you provide an invalid e-mail address, we can prohibit you from using the Online Shop and your user account. You are obliged to choose a safe and complex password, to keep it confidential and not to communicate it to third parties.

    5. Prior to submitting your order, all Products you selected, their total price including taxes and duties, if applicable the method of calculating the total price, additional freight, delivery, shipment and other costs, if any, as well as any additional services you may have selected are shown again in a window for review. You can then identify any possible input errors and correct them before placing your binding order. The contractual provisions including these GTC can be accessed again prior to the conclusion of the contract and may be saved in reproducible form. By clicking the button “order with obligation to pay”, you place the order, thereby submitting a legally binding offer. De Watère reserves the right to accept or reject your offer. 

    6. You shall receive an e-mail confirming receipt of your order immediately after submitting the order. This confirmation of receipt does not constitute an acceptance of your order. If the Products you ordered are no longer in stock, we shall inform you accordingly and reject your order; in this case, no purchase contract is concluded.

    7. A purchase contract between you and De Watère is concluded if we accept your order by sending a second e-mail which confirms the dispatch of the Product (shipping confirmation) or by delivering the Product ordered within 14 calendar days after placing your order. Upon acceptance of your order, a purchase contract shall be concluded on the basis of the contractual provisions, including these GTC.

    8. The conclusion of the purchase contract is only offered in German and English language. The contract text is saved by De Watère after contract conclusion, but it is then no longer available to you.

  3. Delivery

    1. Delivery periods and delivery dates can be derived from the information provided in the order process.

    2. If you order multiple Products, different delivery periods and delivery dates may apply.

    3. Products can only be delivered to a delivery address in Germany, Austria or Switzerland.

  4. Prices, payment terms

    1. The purchase prices of the Products shall be determined according to the prices specified in the Online Shop at the time of placing an order. All prices are indicated in Euro and include the respective value added tax. All other costs, for example delivery and shipping costs, are indicated separately prior to placing your binding order.Zahlungen können über Kreditkarte (Master Card, Visa) oder PayPal erfolgen. Wir behalten uns vor, einzelne Zahlungsmethoden auszuschließen und auf die übrigen Zahlungsmethoden zu verweisen. Wir weisen darauf hin, dass Sie bei der Auswahl bestimmter Zahlungsmethoden ggf. den allgemeinen Geschäftsbedingungen des jeweiligen Zahlungsdienstleisters zustimmen müssen.

    2. Payments can only be effected by credit card (Visa) or PayPal. We reserve the right to exclude individual payment methods and to refer to the remaining methods of payment. When selecting certain payment methods, you may be required to agree to the general terms and conditions of the respective payment service provider.

    3. Unless otherwise agreed in writing, the purchase price shall be due and payable immediately upon concluding the sales contract.

    4. You are only entitled to a set-off if your counterclaim is undisputed, ready for decision or has been finally adjudicated.

    5. You are only entitled to assert a right of retention to the extent your counterclaim is based on the same contractual relationship and is undisputed, ready for decision or has been finally adjudicated.

    6. In case of a default in payment, default interest at a rate of 5 percentage points above the statutory base rate can be charged for the duration of the default. The right to assert further damages shall remain unaffected hereby.

  5. Right of withdrawal

    1. If you are a consumer and purchased one Product or multiple Products from us, which are delivered in one delivery, the instruction on the right of withdrawal set out in Appendix 1 of these GTC applies.

    2. If you are a consumer and purchased multiple Products from us, which are delivered in partial deliveries, the instruction on the right of withdrawal set out in Appendix 2 of these GTC applies.

    3. The right of withdrawal does not exist for contracts for the delivery of sealed products, which are not suitable for return because of health protection or hygienic reasons, if their sealing was removed after delivery. Therefore, there is not right of withdrawal for already opened bottles.

    4. You can use the model withdrawal form set out in Appendix 3 of these GTC to exercise the right of withdrawal however, it is not mandatory to do so.

    5. In case of a withdrawal, you shall bear the direct costs for returning the Products.

  6. Agreed quality and guarantee

    1. The agreed quality of the Products is determined by the respective Product description and the specifications provided in the Online Shop (“Agreed Quality”).

    2. The information and specifications contained in the Product description do not constitute a guarantee of the Products’ quality or any other guarantee, unless they were specifically designated as such by De Watère.

  7. Your rights in case of defects

    1. You are entitled to the rights in case of defects pursuant to the provisions of statutory law. Section 8 shall apply with respect to damage claims.

    2. If you believe a Product is defective because it is corked, you must send us the cork of the Product at your expense for inspection. If the notification of the defect proves to be justified, De Watère will reimburse you the shipping costs for the cork within two weeks after receipt of the notice of defect.

  8. Liability and compensation for damages

    1. De Watère’s obligation to pay damages shall be limited as follows:

      (i) For damages caused by a breach of a material contractual obligation, De Watère’s liability shall be limited to the typically foreseeable damage at the time of contract conclusion; De Watère shall not be liable for a breach of a non-material contractual obligation.
      (ii) The aforementioned liability limitation shall not apply to damages caused by intent or gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act or in case of other any further mandatory liability. Furthermore, it shall not apply if and to the extent De Watère has assumed a guarantee.

    2. You are obliged to take reasonable measures to avert and reduce damages.

  9. Customer Service
    You can contact our Customer Service in the event of questions, claims or complaints by e-mail at info@de-watere.com, by phone at +49 89 55 92 36 17 or by post at the address indicated in section 1 above.

  10. Applicable law
    The laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply. If your permanent address is located outside of Germany, the mandatory statutory provisions of the jurisdiction in which your usually reside shall apply in addition.

  11. Miscellaneous

    1. These GTC shall not constitute a framework contract, which also apply to future orders. The GTC applicable at the time of placing your order and made available in the Online Shop apply to your respective order. De Watère can change or modify the GTC for future orders. Therefore, you should check the GTC every time prior to placing an order.

    2. The European Commission provides a platform for online dispute settlement. This platform provides you with the opportunity to resolve disputes in connection with your online order without first engaging a court. You can find this platform at https://ec.europa.eu/consumers/odr/

    3. We are neither obligated nor willing to participate in dispute settlement proceedings before a Consumer Complaint Office (Verbraucherschlichtungsstelle).

Last revised: February 2018

Appendix 1

If you are a consumer and purchased one Product or multiple Products from us, which are delivered in one delivery, the following instruction on the right of withdrawal applies:

Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you, who is not the carrier, acquires physical possession of the products.

In order to exercise your right of withdrawal, you must inform us (De Watère GmbH, Robinsonstr. 7, 81739 Munich, e-mail: info@de-watere.com, telephone: +49 89 55 92 36 17) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the enclosed model withdrawal form to do so, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. 

You shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You shall bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

The right of withdrawal does not exist for contracts for the delivery of sealed products, which are not suitable for return because of health protection or hygienic reasons, if their sealing was removed after delivery.

Appendix 2

If you are a consumer and purchased multiple Products from us, which are delivered in partial deliveries, the following instruction on the right of withdrawal applies:

Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you, who is not the carrier, acquires physical possession of the last product.

In order to exercise your right of withdrawal, you must inform us (De Watère GmbH, Robinsonstr. 7, 81739 Munich, e-mail: info@de-watere.com, telephone: +49 89 55 92 36 17) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the enclosed model withdrawal form to do so, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. 

You shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You shall bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

The right of withdrawal does not exist for contracts for the delivery of sealed products, which are not suitable for return because of health protection or hygienic reasons, if their sealing was removed after delivery.

Appendix 3

You can use the following model withdrawal form to exercise the right of withdrawal, but it is not obligatory:

Model withdrawal form 

(If you want to withdraw from the contract, please complete this form and send it back to us.)

— To De Watère GmbH, Robinsonstr. 7, 81739 Munich, e-mail: info@de-watere.com, telephone: +49 89 55 92 36 17

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following product(s):

— Ordered on (*)/received on (*)

— Name of consumer(s) name

— Address of consumer(s) 

— Signature of consumer(s) (only for notification on paper)

— Date

_______________

(*) Delete as applicable.