Terms and conditions of 1Liquid GmbH
Oberacker 8, 40489 Duesseldorf, Germany
a. These terms and conditions are applicable for all products and services offered on http://www.1liquid.com. As the client points out its conditions of purchase and distribution contradictions may appear.
b. Individual contract agreements have priority over general terms and conditions.
2. How a contract is concluded
a. The service descriptions on our internet page - http://www.1liquid.com- do not constitute offers to conclude a purchase contract. Such an offer will only be made with the customer's online order via the contact form or by telephone or text order. The confirmation of receipt of the order subsequently sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound to his offer (this expires), if we have not within 5 calendar days (calculated from the receipt of the order from us), the declaration of acceptance.
b. If a declaration of acceptance received late by the customer has been sent in such a way that it would have been received in due time and if the customer had to recognize this, he must notify us of the delay immediately after receipt of the declaration, unless it has already been done before. If the customer delays the sending of the advertisement, then the acceptance is considered as not late. Incidentally, the delayed acceptance by us shall be deemed to be a new offer to conclude a purchase contract that the customer can accept by express acceptance of acceptance or by accepting the goods.
c. On the contractual relations between the purchase contracting parties the right(law) of the Federal Republic of Germany finds application. From this legal choice are excluded the compelling consumer protection rules of the country(land) in which the customer has his(its) usual stay. The application of the UN-purchase right (CSIG) is expelled.
d. The product presentations in this online shop are always without obligation and cannot be seen as an offer in a legal sense. The product presentation invites the client to put articles into the shopping cart, and to submit a legally binding offer by ordering the products.
e. The client has the opportunity to put the desired products into the shopping cart. Therefore, the client has to click on the button on the respective product page. A not desired but already selected item can be removed from the shopping card at any time by calling up the shopping cart and clicking on the delete button.
Once all the desired products are located in the shopping cart, the client can initiate the payment.
3. Button “checkout”
a. By selecting the checkout button, the client can either register himself and open a client account or log in if he is already registered as a client or complete the order without opening a client account by using the ordering function for guests. Hereafter the personal data which is required to fulfill the contract must be specified. Fields that must be completed are marked with an asterisk.
b. Hereafter the client can select the preferred mode of payment. At the end of the order transaction the client gets to an overview page (“checkout”) where the specified data, the desired products as well as the costs and their composition is shown. The client can now check the accuracy of the selection and input. Mistakes can be corrected by clicking on the respective edit-button. By clicking on the order button, a binding offer for the conclusion of a sales contract is placed. The contract is concluded by the acceptance of the offer. Acceptance takes place when the vendor expressly accepts the order by email to the buyer in the form of a document called “confirmation of order” stating that the vendor accepts the order. Otherwise the offer shall be deemed as rejected.
c. Button „check out with PayPal “
By selecting “PayPal-Plus” as payment method the client is redirected to the PayPal log in page by clicking on the “check out with PayPal” button. After the successful login and clicking on the button [continue] the client is directed back to the checkout-page of the online shop. At this point the client can check his selection and entries. Mistakes can be corrected by clicking on the edit button. By clicking on the order button, a binding offer is placed for the conclusion of a sales contract. The contract shall be concluded by the acceptance of the offer. Acceptance shall take place when the vendor accepts the order by email to the buyer in the form of a document called “confirmation of order” stating that the order is accepted. Otherwise the offer shall be deemed as rejected.
4. Delivery Period
The delivery period is shown at the product detail site. If there is no specific indication on the product site concerning the delivery period, the following shall be valid: the ordered product will be shipped within 72 hours after the order is placed. If a prepayment method is selected, the product will be shipped within three to five business days after the payment is processed. Sundays and public holidays shall not be taken into account in this calculation. The delivery period in case of regular mail and parcel shipment is three to five business days. The indicated delivery periods apply only for shipments within Germany and within the Netherlands. Shipment proceeds with UPS, DHL, Post NL or other distributers. The respective shipment fees are presented under “Delivery cost” in the navigation.
5. Prices, payment
a. The given prices are unexceptionally final prices and include the statutory VAT.
b. The client can select a payment method. The payment methods will be shown on a linked subpage and displayed for selection in the order transaction. If additional charges arise for certain payment methods, they will be specified on the linked subpage.
c. If a prepayment method is selected the delivery of goods is affected after payment receipt by the vendor.
d. If the client is a consumer, the ownership of all products delivered remains with the vendor until full payment of the purchase price is received. If the client is an entrepreneur, the ownership of all products delivered remains with the vendor until full payment of all claims resulting from the business relationship is received.
e. The vendor reserves a right of withdrawal from the sales contract for the case that the vendor is not supplied timely according to type and quantity. The above shall only apply if the vendor is not responsible for the failure to deliver, particularly if the vendor has concluded a covering transaction to fulfill its contractual obligations and informed the client immediately. In this case the vendor will refund the performances provided by the client immediately.
6. Statutory warranty rights
a. The statutory provisions of law shall apply for contracts with consumers on delivery of new goods, therefore a two-year defects liability period is applicable as of delivery of the thing to the consumer.
b. Contrary to the statutory provisions of law a one year defects liability period shall apply for contracts with entrepreneurs on delivery of new goods beginning with the delivery to the buyer. The rights of the entrepreneurs from sections 478, 479 of the German Civil Code shall remain unaffected.
c. The reduction of the warranty period stated above shall not apply for claims resulting from damages from injury to life, body or health due to grossly negligent breach of duty by the vendor or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of the vendor or a breach of a duty when its fulfillment is crucial for the implementation of the contract and the buyer can rely on its compliance (cardinal obligation).
d. Furthermore, the vendor is liable according to the German product liability act as far as the scope of application of the German product liability act applies, or in other cases provided by law in which a liability of the vendor is mandatory intended.
7. Notice of defect
If the client is merchant within the meaning of the German Commercial Code, he shall inform the vendor immediately about defects but not later than one week after receiving the goods. The vendor shall be informed in written form about defects that despite careful examination cannot be detected within the named deadline immediately after their detection, otherwise the goods shall be treated as approved concerning the defect. The above shall not apply if the vendor kept back the defect by deceit or if a warranty was granted. If the vendor enters into negotiations about a complaint it shall under no circumstances constitute a waiver on a delayed, insufficient or unfounded notice of defect.
8. Limitations of liabilities and warranty
a. The vendor shall be liable unlimitedly for damages if they arise from intentional or grossly negligent behavior.
b. In case of negligence the vendor shall only be liable for a breach of a duty when its fulfillment is crucial for the implementation of the contract and the buyer can rely on its compliance (cardinal obligation). Incidentally a liability for negligence shall be excluded.
c. If the vendor is liable for negligence as aforesaid, the liability shall be limited to the damage that can typically be expected regarding the known circumstances when the contract is concluded.
d. Aforementioned disclaimers and limitations of warranty shall not apply insofar as the vendor gave a warranty of the quality of the goods or fraudulently concealed the defect. The vendor shall be liable unlimitedly for damages that have to be indemnified according to the German product liability act as well as for damages from injury to life, body or health.
e. If the manufacturer or the vendor issue a warranty for specific products it will be indicated on the respective product site or on a separately linked subpage. The statutory rights of the client, especially the statutory warranty rights shall remain unaffected by possible issued warranties.
9. Applicable Law, jurisdiction clause
a. The sales contracts concluded through this website with entrepreneurs are subject to the substantive law of the Federal Republic of Germany to the exclusion of CISG.
b. In case of disputes regarding contracts concluded through this website, the jurisdiction shall be in the district where the vendor has its seat if the buyer is merchant within the meaning of the German Commercial Code, corporate body under public law or special fund under public law.
10. Online settlement of disputes
a. The European Commission offers a platform for onlline settlement of disputes under the following link: https://ec.europa.eu/consumer/odr.
b. The consumer arbitration board of the Zentrum für Schlichtung e.V. is responsible for common consumer problems and can be reached under https://www.verbraucher-schlichter.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.
c. The vendor is neither obligated nor willing to participate at a dispute settlement procedure before a consumer arbitration board.
11. Youth protection
We pay attention to the law-conformal observance of the child protection. The dispatch of the goods which are defeated by the child protection or old limitations takes place from us, therefore, only by the application of a permissible procedure under inclusion of an individual identity test and old test with is guaranteed that the customer possesses the required minimum age as a receiver of the goods. The goods postman carries out the delivery only after taken place individual old test of the customer and receiver.
The photos opposed on our Internet pages and the texts created(provided) by us are protected by copyright. Unauthorised copying and publishing from here (only in extracts) is pursued in accordance with § 97 UrhG criminal and civilly.
13. Severability Clause
Düsseldorf Mai 2019