Terms of service

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider (VISION AQUA^® Technology GmbH) via the website www.vision-aqua.de. Unless otherwise agreed, the incorporation of your own conditions used by you is objected to.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their trade, business or profession when concluding a legal transaction.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description via the online shopping cart system.

(3) The contract is concluded via the online shopping cart system as follows:

The products and/or repair services intended for purchase are placed in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data is then displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be led to the order overview page in our online shop or forwarded to the website of the instant payment system provider.

If you are forwarded to the respective instant payment system, make the appropriate selection or input of your data there. Finally, the order data is displayed to you as an order overview on the website of the instant payment system provider, or after you are directed back to our online shop.

Before submitting the order, you have the opportunity to review, modify (also via the "back" function of the internet browser) or cancel the order.

By sending the order via the corresponding button ("place order with obligation to pay" or a similar designation), you legally declare the acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for creating an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. Therefore, you must ensure that the email address you provide us with is accurate, that the receipt of the emails is technically assured and, in particular, not prevented by SPAM filters.

§ 3 Customized Goods

(1) You provide us with the appropriate information, texts, or files necessary for the customized design of the goods via the online ordering system or via email immediately after concluding the contract at the latest. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (especially copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also includes the costs required for legal representation in this context.

(3) We do not check the transmitted data for correctness and in this respect do not assume any liability for errors.

§ 4 Formation of the Contract for Courses

(1) The subject of the contract is the provision of courses. With the placement of the respective course offer on our website, we submit a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the respective course description.

(2) The contract is concluded via the online shopping cart system as follows:

The courses intended for booking are placed in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment conditions, the order data is then displayed to you as an order overview.

Before submitting the order, you have the opportunity to review, modify (also via the "back" function of the internet browser) or cancel the order.

By sending the order via the corresponding button, you legally declare the acceptance of the offer, whereby the contract is concluded.

(3) Your inquiries for creating an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. Therefore, you must ensure that the email address you provide us with is accurate, that the receipt of the emails is technically assured and, in particular, not prevented by SPAM filters.

§ 5 Performance for Courses

(1) The execution of the courses in the form described in the respective offers will take place at the agreed times.

(2) If the execution of the courses depends on the number of participants, the minimum number of participants is derived from the respective offer. If the minimum number of participants is not reached, we will inform you in text form (e.g., by email) at least 7 days before the start of the course about the non-occurrence of the booked course. Any services already provided will be refunded immediately in this case.

(3) In the event of the cancellation of a single event due to the short-term absence of the course instructor due to illness or for another important reason, any services already provided will be refunded immediately. For events consisting of several event dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for another important reason, the cancelled date will be made up for at a replacement date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules posted on site. You must follow our instructions or those of the course instructor.

§ 6 Substitute Participants

You can name a substitute participant at any time before the start of the course. There are no costs for you for this rebooking.

§ 7 Performance for Repairs

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide these to the best of our knowledge and belief, personally or through third parties.

(2) You are required to cooperate, in particular, to describe the defect existing on the device as comprehensively as possible and to provide the defective device.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise specified in the respective offer, the repair including dispatch of the device for shipment will be carried out within 5 - 7 days after receipt of the device to be repaired (however, not before the time of your payment instruction if prepayment has been agreed).

(5) If you make use of your right of termination according to § 648 S. 1 BGB (German Civil Code), we can demand a flat-rate compensation of 10% of the agreed remuneration if the execution has not yet begun. This only applies if you make use of your right of termination after the expiry of the withdrawal period. You are reserved the right to prove that we have actually incurred no or significantly lower costs.

§ 8 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

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

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transferring security before the transfer of ownership of the reserved goods is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, we accept the assignment. You are also 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) In the event of combining and mixing of the reserved goods, 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 to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released lies with us.

§ 9 Warranty

(1) The statutory warranty rights exist.

(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 complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered as agreed if you were informed about it by us before issuing the declaration of contract and the deviation was expressly and separately agreed between the contractual parties.

(4) If you are an entrepreneur, in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are considered as agreed upon as the condition of the goods, not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by rectification of the defect or replacement delivery. If the rectification of the defect fails, you can demand a reduction or withdraw from the contract at your choice. The rectification of defects is considered to have failed after an unsuccessful second attempt, unless something else results, in particular from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport 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:

- for damages culpably caused by us arising from injury to life, body or health and for other damages caused intentionally or by gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;

- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;

- for legal recourse claims that you have against us in connection with rights of defects.

§ 10 Choice of Law, Place of Fulfillment, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The place of fulfillment for all services from the existing business relationships with us as well as jurisdiction is our seat, insofar as you are not a consumer but a merchant, legal entity of public law or public special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the domicile or habitual residence at the time of the action is not known. The power to call the court in another legal jurisdiction remains unaffected by this.

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

II. Customer Information

1. Identity of the Seller

VISION AQUA^® Technology GmbH
Dorfstr. 20
85298 Scheyern / Vieth
Germany

Phone: +49 8441 79 79 730
E-Mail: ticket(at)visionaqua.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the Formation of the Contract

The technical steps to conclude the contract, the contract itself, and the correction possibilities are carried out according to the regulations "Formation of the Contract" of our General Terms and Conditions (Part I).

3. Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After we have received the order, the order data, the legally required information for distance contracts and the General Terms and Conditions are sent to you again via email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data sent in a binding offer in text form, e.g., by email, which you can print out or electronically secure.

4. Main Features of the Product or Service

The essential features of the product and/or service can be found in the respective offer.

5. Prices and Payment Modalities

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up 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 additionally, unless free shipping delivery is promised.

5.3. If the delivery is to countries outside the European Union, we may incur further costs for which we are not responsible, such as customs, taxes, or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.

5.4. You bear the incurred costs of money transfer (bank transfer or exchange rate fees) 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 shown under a correspondingly labeled button on our website or in the respective offer.

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

5.7. Unless otherwise agreed, for the booking of courses, payment must be made at the latest on the course date on-site before the start of the course, otherwise there is no claim to participation.

6. Delivery Conditions

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

6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you upon delivery of the goods, 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" regulation in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract and the termination conditions can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

These GTC and customer information were created by the lawyers specializing in IT law of the Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees for the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last update: 01.01.2022