Terms of service
1. Scope
These General Terms and Conditions apply to all orders placed via the Aquain online shop by consumers and businesses.
Sales are made to Switzerland and to the European Union, in particular to Germany and Austria.
2. Provider
Aquain
Marco Medri
Ennenmatt 12
6103 Schwarzenberg
Switzerland
E-mail: info@aquain.ch
3. Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer.
By completing the ordering process, the customer submits a binding offer to purchase the selected products.
The contract is concluded as soon as Aquain confirms the order by e-mail or ships the goods.
4. Prices and VAT
All prices are stated in Swiss francs (CHF).
Aquain is currently not subject to VAT under Swiss law. No Swiss VAT is therefore shown.
For deliveries to the European Union, additional import duties, customs, sales taxes or other fees may apply. Where provided for by law, these are to be borne by the buyer and are not charged or paid by Aquain.
5. Terms of payment
Payment is made using the payment methods offered in the online shop.
The purchase price is due immediately upon completion of the order.
6. Delivery
Delivery is made to the delivery address specified by the customer.
Stated delivery times are non-binding unless they have been expressly guaranteed as binding.
Partial deliveries are permitted insofar as they are reasonable for the customer.
7. Retention of title
The goods remain the property of Aquain until paid for in full.
8. Right of withdrawal for consumers in the European Union
Consumers resident in the European Union generally have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which the consumer or a third party named by them received the goods.
To exercise the right of withdrawal, Aquain must be clearly informed of the decision to withdraw by e-mail or in writing.
In the event of an effective withdrawal, payments received will be refunded in accordance with the statutory provisions. Repayment is generally made using the same means of payment used for the original transaction.
The buyer bears the direct costs of the return, insofar as legally permissible.
The right of withdrawal may be excluded in particular for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9. Warranty
The applicable statutory warranty rights apply.
For customers in Switzerland, the provisions of the Swiss Code of Obligations apply.
For consumers resident in the European Union, the mandatory consumer protection provisions of the respective country of residence also apply.
10. Service life of Aquain systems
Statements such as “10–15+ years possible service life” do not constitute a guarantee or an assured minimum service life.
The statements refer to a possible service life of the ion exchange resin or the Aquain system with suitable water quality, proper use, regular regeneration and correct care.
The actual service life may be influenced in particular by water quality, water constituents, frequency of use, operating conditions, temperature, regeneration and care, and may therefore differ from the empirical values stated.
No specific service life is guaranteed unless this has been expressly agreed in writing.
11. Liability
Aquain is liable for intent and gross negligence.
In the case of slight negligence, Aquain is only liable for breach of essential contractual obligations and only to the extent permitted by law.
Liability for indirect and consequential damage is excluded insofar as such exclusion is legally permissible.
12. Applicable law and place of jurisdiction
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers resident in the European Union, mandatory consumer protection regulations of the respective country of residence remain unaffected.
The place of jurisdiction is Schwarzenberg, Switzerland, insofar as this can be agreed in a legally permissible manner.