Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Cancellation

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Warranty for Defects (Guarantee)

  8. Liability

  9. Redemption of Promotional Vouchers

  10. Redemption of Gift Vouchers

  11. Applicable Law

  12. Place of Jurisdiction

  13. Code of Conduct

  14. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Amqua GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer can also submit the offer to the Seller by email or telephone.

2.3 The Seller may accept the Customer's offer within five days by:

  • Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the confirmation by the Customer being decisive, or

  • Delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or

  • Requesting payment from the Customer after submitting the order.

If multiple alternatives are present, the contract is concluded at the time when one of the above alternatives occurs first. The acceptance period begins on the day after the Customer submits the offer and ends on the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, it is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a payment method offered by PayPal during the online ordering process, the Seller declares the acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Cancellation
3.1 Consumers generally have a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be separately stated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which the Seller pays in advance (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations, and cancellations or credits.

4.6 If the payment method "SOFORT" is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account that is activated for participation in "SOFORT," must legitimize themselves accordingly during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

4.8 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on Stripe can be found on the internet at https://stripe.com/de.

4.9 If the payment method "Purchase on Account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The "Purchase on Account" payment method requires a successful credit check by Klarna AB. If the Customer is permitted to use the "Purchase on Account" payment method after the credit check, the payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payment to Klarna AB with debt-discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the ordering process. The Seller reserves the right to offer the "Purchase on Account" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information in the online shop.

4.10 If the payment method "Direct Debit via Stripe" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). In this case, Stripe collects the invoice amount after issuing a SEPA direct debit mandate, but not before the expiry of the pre-notification period on behalf of the Seller from the Customer's bank account. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution due to the chargeback if the Customer is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.

4.11 If the payment method "Credit Card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the transaction processing, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the initial delivery if the Customer effectively exercises their right of cancellation. For the return costs, the regulation in the Seller's cancellation policy applies in the event of the effective exercise of the right of cancellation by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete cover transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

  • By download

  • By email

6) Retention of Title
If the Seller provides advance performance, it reserves ownership of the delivered goods until full payment of the owed purchase price.

7) Warranty for Defects (Guarantee)
Unless otherwise stipulated in the following provisions, the statutory provisions on warranty for defects apply. The following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

  • The Seller has the choice of the type of subsequent performance;

  • For new goods, the limitation period for defects is one year from the delivery of the goods;

  • For used goods, rights and claims for defects are excluded;

  • The limitation period does not start anew if a replacement delivery is made within the scope of the warranty.

7.2 The above limitations of liability and shortening of deadlines do not apply:

  • To claims for damages and reimbursement of expenses by the Customer;

  • If the Seller has fraudulently concealed the defect;

  • For goods that have been used for a building in accordance with their customary use and have caused its defectiveness;

  • For any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual warranty claims.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable:

  • For intent or gross negligence;

  • For intentional or negligent injury to life, body, or health;

  • Based on a guarantee promise, unless otherwise regulated;

  • Based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies under the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract, and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability regulations also apply to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period, which are provided free of charge and cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least match the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The credit of a promotional voucher is neither paid out in cash nor interest-bearing.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of cancellation.

9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled but not obligated to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The credit of a gift voucher is neither paid out in cash nor interest-bearing.

10.8 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity, or lack of authority to represent the respective holder.

11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims under the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case entitled to bring an action at the Customer's place of business.

13) Code of Conduct

14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The Seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.

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