TERMS AND CONDITIONS OF
http://www.watertogo.net
Welcome to Water to go!
1. scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Ralf Illgen and Birgit Riedel GbR (hereinafter referred to as "Supplier") to you in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Ralf Illgen und Birgit Riedel GbR. By placing an order with Ralf Illgen und Birgit Riedel GbR, you agree to the application of these terms and conditions to your order.
(4) At Water to go we offer you the sale of the following products:
Ralf Illgen and Birgit Riedel GbR sell water filter bottles and corresponding accessories
(5) We offer the following services on Water to go:
The branding of water filter bottles and corresponding accessories from Water-to-go
2. realisation of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
Deutschland, Österreich, Belgien, Niederlande, Luxemburg, Schweiz, Spanien und Portugal.
The possible delivery addresses and the place of delivery may be restricted for individual bulky goods items; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to Water to go to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the "order with obligation to pay" button in the final ordering step.
(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a dispatch confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of a single order and to the placement of multiple orders for the same product, where the individual orders comprise a normal household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the Water to go service requires registration.
(10) By registering, the customer recognises these GTC. Registration creates a contractual relationship between Water to go and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.
(12) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Water to go that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before this contractual relationship is concluded. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the "Order with obligation to pay" button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
3. description of the scope of services
The scope of Water to go consists of the following services:
On the website, we provide information about Water-to-go products and offer them for sale.
4. prices and shipping costs
(1) Our prices include the applicable statutory VAT and do not include shipping costs or shipping surcharges. The shipping surcharges vary depending on the type of delivery and the nature of the item. You will find the current prices under the item Shipping costs in the footer. Sie finden die aktuellen Preise unter dem Punkt Versandkosten im Footer.
(2) Despite our best efforts, a small number of products in our catalogue may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and dispatch the product to you.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) To use Water to go, you must first register.
(5) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be listed.
(6) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
5. Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Water to go (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not represent binding or guaranteed dispatch or delivery dates, unless this is expressly stated as a binding date in the dispatch options for the respective product.
(2) If Water to go realises during the processing of your order that products you have ordered are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's front door, front door or staircase or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is dispatched in more than one parcel, you may receive a separate dispatch confirmation for each parcel. In this case, a separate purchase contract is concluded between us for each dispatch confirmation for the products listed in the respective dispatch confirmation. The contractual partner is Ralf Illgen and Birgit Riedel GbR. Irrespective of your right of cancellation, you can cancel your order for a product at any time free of charge before the associated dispatch confirmation is sent.
6. terms of payment
(1) Any fees incurred shall be paid in advance to Water to go without deduction at the time they fall due.
(2) The customer can pay for the goods or services using the following payment methods:
- Paypal
- Credit card
- Instant bank transfer (außer Schweiz)
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(5) If the customer chooses an online payment method, the customer thereby authorises the supplier to collect the amounts due at the time of the order.
(6) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(7) If the supplier offers payment by credit card and the customer chooses this method of payment, the customer expressly authorises the supplier to collect the amounts due.
(8) If the supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.
(9) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(10) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.
7. Registration and cancellation
(1) Furthermore, the Customer declares that neither he nor, to his knowledge, any member of his household has a criminal record for an intentional criminal offence that endangers the safety of third parties, in particular for an offence against sexual self-determination (§§ 174 ff. StGB), an offence against life (§§ 211 ff. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) Subject to reservation, a user is entitled to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service (e.g. branding), they can cancel at the latest before the production date. If this deadline is not met, the cancellation is invalid and full costs are incurred. Cancellation is only possible in writing, such as e-mail or letter, and will be confirmed by us in writing. The customer's full name, e-mail address and postal address must be given so that your cancellation can be assigned to you.
(4) Water to go may terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. Water to go further reserves the right to remove profiles and/or any content published on the website by or by the user. If Water to go cancels the user's registration and/or removes the user's profile or published content, Water to go is under no obligation to inform the user of this or the reason for the cancellation or removal.
(5) Following any termination of any individual use of Water to go's services, Water to go reserves the right to send information about this to other registered users with whom Water to go assumes that they have been in contact with the user. Water to go's decision to terminate the user's registration and/or to notify other users with whom Water to go assumes that the user has been in contact does not imply or state in any way that Water to go makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to cancel the existing contractual relationship with immediate effect in such a case.
(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is cancelled, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by Water to go.
8. limitation of liability (services)
(1) Water to go accepts no responsibility for the content and accuracy of the information in the registration and profile data of the customer or other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, Water to go is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, services received by a Seeker or payments due to Ordering Parties, shall be addressed directly to the respective party. Water to go cannot be held responsible for and hereby expressly disclaims all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind whatsoever, intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, in connection with the aforementioned matters.
(3) Ralf Illgen und Birgit Riedel GbR shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Ralf Illgen und Birgit Riedel GbR or an intentional or negligent breach of duty by a legal representative or vicarious agent of Ralf Illgen und Birgit Riedel GbR.
(4) Ralf Illgen und Birgit Riedel GbR Europe shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Ralf Illgen und Birgit Riedel GbR or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ralf Illgen und Birgit Riedel GbR.
(5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
9. set-off and right of retention
(1) The Purchaser shall only be entitled to set-off if the Purchaser's counterclaim has been recognised by declaratory judgement or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
10. reservation of title
Ralf Illgen and Birgit Riedel GbR retain ownership of the goods until full payment has been received.
11. transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier requests him to complain about this as soon as possible.
(2) Should the customer fail to lodge a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
12. right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods and may request the repair or replacement of products purchased on Water to go if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new fulfilment.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses relating to compensation for damage to body and health or to intent or gross negligence are asserted.
13. limitation of liability (products)
(1) The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of Water to go is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
14. cancellation policy
(1) If the customer is a consumer, he has a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial consignments or pieces), without giving reasons to cancel.
The cancellation period for services is fourteen days from the day the contract is concluded.
To exercise your right of cancellation, you must contact us:
Rocher Direktmarketing-Services
Water-to-Go
Benzstraße 5
82178 Puchheim
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample cancellation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires and to return the goods via our online returns centre within the period defined below.
For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.
(3) Consequences of the cancellation
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract to
Rocher Direktmarketing-Services
Water-to-Go
Benzstraße 5
82178 Puchheim
to return or hand over the goods. The deadline is met if you dispatch the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of cancellation
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of cancellation does not exist or expires for the following contracts:
15. exclusion of the right of cancellation
(1) The right of cancellation does not apply to contracts
(2) The right of cancellation expires prematurely for contracts
16. Privacy policy
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorised to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from Water to go about the data concerning you at any time and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
17. Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) Wir weisen Sie darauf hin, dass einige dieser Cookies von unserem Server auf Ihr Computersystem überspielt werden, wobei es sich dabei meist um so genannte sitzungsbezogene Cookies handelt. Sitzungsbezogene Cookies zeichnen sich dadurch aus, dass diese automatisch nach Ende der Browser-Sitzung wieder von Ihrer Festplatte gelöscht werden. Andere Cookies verbleiben auf Ihrem Computersystem und ermöglichen es uns, Ihr Computersystem bei Ihrem nächsten Besuch wieder zu erkennen (sog. dauerhafte Cookies).
(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
18. Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
19. Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Water to go with the assistance of a parent or guardian.
(3) If you breach these Terms and Conditions and we take no action against you, we will continue to be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
