Terms of service
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Duration and Termination of Subscription Contracts
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Sydros Water GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods displayed by the Seller in its online shop. Any terms and conditions of the Customer are hereby rejected unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers unless otherwise expressly stipulated.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their trade, business, or profession when entering into a legal transaction.
1.5 The subject matter of the contract may, depending on the Seller’s product description, include either the one-time delivery of goods or the continuous delivery of goods under a subscription contract. In the case of a subscription contract, the Seller is obligated to deliver the goods owed under the contract at the agreed intervals for the duration of the agreed contractual term.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers from the Seller but are intended to enable the Customer to submit a binding offer.
2.2 The Customer can submit their offer via the online order form integrated into the Seller’s online shop. By completing the electronic order process and clicking the button to finalize the order, the Customer submits a legally binding offer regarding the goods in the shopping cart. Alternatively, the Customer may also submit their offer to the Seller via email, contact form, postal mail, 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 (e.g., by email or fax), in which case receipt of the order confirmation by the Customer is decisive; or
- By delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
- By requesting payment from the Customer after the order is placed.
If multiple of the above options apply, the contract is concluded at the time when one of the options occurs first. The acceptance period begins the day after the Customer’s offer is sent and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, it is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to PayPal’s terms of use, available at https://www.paypal.com. The Seller accepts the Customer's offer at the moment the Customer clicks the button to complete the order process.
2.5 When the Customer submits an offer via the Seller’s online order form, the Seller saves the contract text and sends it to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account.
2.6 Before submitting a binding order, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. The browser’s zoom function can serve as a technical aid to better detect input errors. The Customer can correct their input during the electronic ordering process using the usual keyboard and mouse functions until they click the button to complete the order.
2.7 The contract languages available are displayed in the Seller’s online shop.
2.8 Order processing and communication are generally conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received. The Customer must also ensure that SPAM filters do not block emails from the Seller or third parties commissioned by the Seller.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, all prices listed are total prices inclusive of statutory VAT. Additional shipping costs, if any, are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply, such as transfer fees imposed by banks (e.g., wire transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). These costs are borne by the Customer.
4.3 The available payment methods are communicated to the Customer in the Seller's online shop.
4.4 If payment by bank transfer is agreed, the payment is due immediately upon contract conclusion unless otherwise agreed.
4.5 Payments via PayPal are processed in accordance with PayPal’s terms and conditions.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For order processing, the delivery address specified in the Seller’s order processing system is decisive. In the case of PayPal payments, the delivery address stored with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs in the event of withdrawal, the Seller’s withdrawal policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands over the item to the shipping carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk generally only passes upon the delivery of the goods to the Customer or a recipient authorized to receive them. This does not apply if the Customer has independently engaged a shipping carrier not named by the Seller or has instructed a third party to carry out the shipment.
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 Seller is not responsible for the non-delivery and has exercised due diligence in entering into a specific covering transaction with the supplier. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and any payments already made will be refunded without delay.
5.5 Self-collection by the Customer is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- By download
- By email
6) Duration and Termination of Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without notice.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected.
6.3 Terminations can be made in writing, in text form (e.g., via email), or electronically through the Seller’s cancellation feature (cancellation button) available on the website.
7) Retention of Title
If the Seller provides goods in advance, they retain ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, statutory liability for defects applies. For contracts concerning the delivery of goods:
8.1 If the Customer acts as an entrepreneur:
- The Seller has the right to choose the type of subsequent performance (rectification of defects or replacement delivery).
- The limitation period for defect claims for new goods is one year from delivery of the goods.
- Rights and claims for defects are excluded for used goods.
- The limitation period does not recommence if replacement delivery is provided as part of defect liability.
8.2 The aforementioned restrictions and reductions of limitation periods do not apply to:
- Claims for damages and reimbursement of expenses by the Customer.
- Cases where the Seller has fraudulently concealed a defect.
- Goods that are used in a building according to their normal purpose and have caused its defectiveness.
- Any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
8.3 For entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.
8.4 If the Customer acts as a merchant under Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and notify defects as per Section 377 HGB. If the Customer fails to comply with the obligations specified therein, the goods are deemed accepted.
8.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller. Failure to comply does not affect the Customer’s legal or contractual claims for defects.
9) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The Seller is fully liable for any legal reason:
- In cases of intent or gross negligence.
- For damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty.
- Under a guarantee promise, unless otherwise stated.
- Under mandatory liability, such as under the Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies as per the above clause. Material contractual obligations are those which the contract imposes on the Seller according to its content to achieve the purpose of the contract and whose fulfillment is essential for proper contract performance and on which the Customer regularly relies.
9.3 Otherwise, liability of the Seller is excluded.
9.4 The above liability rules also apply with respect to the Seller’s liability for their agents and legal representatives.
10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions and with a specific validity period (hereinafter referred to as "Promotional Vouchers") cannot be purchased by the Customer and are redeemable only in the Seller’s online shop during the specified period.
10.2 Certain products may be excluded from the voucher promotion if such restrictions arise from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the completion of the order process. Retroactive redemption is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, the remaining balance can be paid using one of the other payment methods offered by the Seller.
10.7 The balance of a promotional voucher will not be paid out in cash or accrue interest.
10.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partially with the promotional voucher as part of their statutory right of withdrawal.
10.9 Promotional vouchers are transferable. The Seller can fulfill its obligations to the rightful holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent unawareness of the lack of authorization, legal incapacity, or lack of representation rights of the respective holder.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise specified in the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of purchase. Remaining balances will be credited to the Customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the completion of the order process. Retroactive redemption is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, the remaining balance can be paid using one of the other payment methods offered by the Seller.
11.7 The balance of a gift voucher will not be paid out in cash or accrue interest.
11.8 Gift vouchers are transferable. The Seller can fulfill its obligations to the rightful holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent unawareness of the lack of authorization, legal incapacity, or lack of representation rights of the respective holder.
12) Applicable Law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
12.2 This choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of the contract conclusion, do not belong to a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time of the contract conclusion.
13) Jurisdiction
If the Customer is 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 business location. If the Customer's place of business is outside the territory of the Federal Republic of Germany, the Seller's business location is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, the Seller is entitled in the above cases to also bring claims before the court at the Customer's place of business.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
14.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
