I. General Terms and Conditions

§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the supplier (bluuwater GmbH) via the website bluuwater.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system. If redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the instant payment provider or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to check and change all details again (also via the "back" function of the Internet browser) or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay" or similar), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automated by e-mail. You must therefore ensure that the email address you have provided to us is correct, the receipt of emails is technically ensured, and in particular not prevented by spam filters.

§ 3 Special Agreements on Payment Methods Offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

Sofortüberweisung (Instant Transfer): Available in Germany and Austria. Your account will be debited immediately after placing the order.

Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data will be handled by Klarna in accordance with applicable data protection regulations and as specified in Klarna’s privacy policy.

More information about Klarna can be found here. You can find the Klarna App here.

§ 4 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business customer, the following shall additionally apply:
a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership by way of security is not permitted before ownership of the reserved goods has been transferred.

b) You may resell the goods in the ordinary course of business. In this case, you assign to us all claims arising from such resale in the amount of the invoice total, and we accept the assignment. You are authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We reserve the right to select the securities to be released.

§ 5 Warranty
(1) Statutory warranty rights apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If you are a business customer, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification (repair) or replacement delivery. If the defect correction fails, you may demand a reduction in price or withdraw from the contract at your discretion. The correction of a defect is considered failed after the second unsuccessful attempt unless the nature of the goods, the defect, or other circumstances suggest otherwise. In the case of rectification, we are not required to bear the increased costs resulting from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us caused by injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence (principle of favorability).

(2) The place of performance for all services arising from our existing business relationships and the place of jurisdiction shall be our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time the action is filed. The right to also invoke the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply explicitly.

II. Customer Information

1. Identity of the Seller
bluuwater GmbH
Gewerbering Süd 2
97359 Schwarzach
Germany
Phone: 0049 9324 9817 403
E-mail: kontakt@bluuwater.de

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the actual conclusion of the contract, and the correction options are carried out in accordance with the "Conclusion of the Contract" section in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via e-mail.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g., by e-mail), which you can print out or save electronically.

4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms
5.1. The prices listed in the respective offers and the shipping costs constitute total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs may arise which we are not responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Any costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Warranty Rights
The liability for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).

Last updated: October 27, 2020