General Terms and Conditions (GTC)

of
LUQEL Limited
Iveagh Court, Harcourt Road, Dublin 2, D02YT22, Irland,
telephone: +353 1 571 5890, Telefax: +49 7231 397 62 950 , E-Mail: info@luqel-water.com

for luqel-water.com Onlineshop

Preliminary remark
We have slightly different terms and conditions depending on whether you are a consumer or an entrepreneur. For consumers within the meaning of the BGB (German Civil Code), special protective regulations apply in some cases, in particular a right of revocation. A consumer according to § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

If you are a consumer, only the rules under "A." below apply. Part "B." (from number 9) is then in no way binding for you. If you are not a consumer, again only the rules set out below under "B." (from clause 9) apply.

A.    GTC for consumer

1.    Scope of application, General

1.1    LUQEL Limited ("LUQEL", "we") offers through its website www.luqel-water.com ("Website") the purchase of various products in the field of water supply by intelligent water stations and their accessories ("Products").

1.2    These Terms and Conditions ("Terms and Conditions") apply to all products purchased by users ("Buyers", "You") in the online shop on the LUQEL website or via mobile apps ("Online Shop"), provided they act as consumers.

1.3    These GTC are available at any time at https://www.luqel-water.com/de-de/agb. The GTCs in the version valid at the time of the order shall apply. Any terms and conditions of the buyer that deviate from or contradict these GTC shall not apply.

2.    Conclusion of contract, Information

2.1    The contractual partner of the buyer is LUQEL. As a registered buyer, the buyer's order data is stored and automatically pre-inserted during the ordering process in order to process orders faster.

2.2    The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the buyer to submit an offer. By clicking on the button "order subject to payment" you submit a binding offer directed at ordering the products contained in the shopping cart. Confirmation of receipt of your order will be sent immediately by e-mail ("confirmation of receipt"). With this confirmation of receipt LUQEL does not yet accept your order. Acceptance and thus the conclusion of the contract for the respective order is only effected with a separate e-mail containing a corresponding declaration, a confirmation of dispatch and/or a request for payment ("order confirmation"). In the case of advance payment, the conclusion of the contract takes place immediately upon provision of the bank and payment data or debiting of the deposited account.

2.3    The text of these General Terms and Conditions shall not be stored by LUQEL after the conclusion of the contract and shall not be accessible to the buyer. However, it shall be sent to the buyer by e-mail as part of the confirmation of receipt.

2.4    Input errors can be recognized and corrected by the buyer before the final submission of an offer by checking the offer on a separate confirmation page.

2.5    The language available for the conclusion of the contract is German.

2.6    LUQEL is not subject to special codes of conduct not mentioned above.

2.7    The essential characteristics and the total price of the products as well as the period of validity of temporary offers made by LUQEL are indicated in the detailed descriptions of each product in the online shop.

3.    Obligations of the Buyer

3.1    The buyer is obliged to provide complete and correct information when registering and submitting his offer. If relevant information changes, the Buyer must update it before submitting the next offer. The buyer must take reasonable precautions to avoid third parties obtaining knowledge of his access data to his account; in particular, he is obliged to keep his access data secret.

3.2    If the delivery fails due to the fault of the buyer, the seller will ask the buyer to provide a correct delivery address. The seller will make a further delivery attempt at intervals of approximately one week from the conclusion of the contract. This further delivery attempt will be made to the corrected delivery address; if the Buyer has not provided the Seller with a corrected delivery address at the aforementioned times, the further delivery attempt will be made to the originally provided delivery address. If the further delivery attempt fails, although LUQEL had asked the buyer to provide a correct delivery address after the first delivery attempt, LUQEL can withdraw from the contract. In this case LUQEL will refund any payments made to the customer immediately. Any further claims, in particular because of the additional delivery costs incurred, are subject to the legal regulations.

4.    Purchase Price, Terms of Payment

4.1    Upon conclusion of the contract, the Buyer undertakes to pay the purchase price agreed upon at the conclusion of the contract with regard to the Products purchased by the Buyer plus any shipping costs agreed upon at the conclusion of the contract ("Purchase Price"). The purchase price is due upon conclusion of the contract.

4.2    Unless otherwise stated, all prices are gross prices including statutory value added tax, plus any agreed delivery and shipping costs. The purchase price will be clearly communicated to the buyer during the ordering process.

4.3    Payment is made by the payment method chosen by the buyer in the order process. If no specific reference and/or at least one specific payment method is indicated for the respective article, payment can be made by bank transfer after invoicing. If third-party providers such as PayPal are involved in the payment process, their general terms and conditions shall apply in addition (for PayPal, for example https://www.paypal.com/de/webapps/mpp/ua/ useragreement-full).

4.4    LUQEL is entitled to remove or add individual payment methods. The available payment methods will be indicated to the buyer before conclusion of the contract.

4.5    If the buyer chooses payment by bank transfer after invoicing, we will deliver the products first. The invoice must then be settled and the payment is only considered final when it is received on LUQEL's account.

4.6    Any offsetting of the buyer's claims against LUQEL's claims for remuneration is excluded unless it is based on the same contractual relationship (§ 320 BGB), the claim is established, undisputed or acknowledged by LUQEL.

4.7    In the case of a return debit note in the case of direct debit, the buyer is obliged to compensate LUQEL for the costs actually incurred by LUQEL through the return debit note.

5.    Delivery, Retention of Title

5.1    The delivery of the ordered products is carried out by the shipping service provider indicated in the order process and, if applicable, selected by the buyer. The currently available delivery options will be displayed to the buyer before the contract is concluded.

5.2    Unless otherwise indicated when the individual products are displayed in the online shop prior to conclusion of the contract, delivery

•    for deliveries to Germany (except German islands): within 7 to 10 working days
•    for other deliveries: Within up to 30 working days
starting in case of
•    payment by invoice: by bank transfer: with order confrimation
•    the prepayment: with debit oft he deposited account

  • for deliveries to Germany (except German islands): within 7 to 10 working days
  • for other deliveries: Within up to 30 working daysstarting in case of
  • payment by invoice: by bank transfer: with order confrimation
  • the prepayment: with debit oft he deposited account

Working days are Monday to Friday, except public holidays in Baden-Württemberg (Germany) and public holidays at the buyer's place of business. LUQEL has no influence on postal delivery times.

5.3    The buyer bears the shipping costs. The buyer will be notified of the amount of the shipping costs before conclusion of the contract.

5.4    LUQEL shall be entitled to make partial deliveries as far as this is reasonable for the buyer. In case of a partial delivery the buyer shall only bear the shipping costs that are incurred for the first of the partial deliveries.

5.5    Until the purchase price has been paid in full, the products remain the property of LUQEL ("reserved goods").

5.6    The buyer shall inform LUQEL immediately of any enforcement measures of third parties against the goods subject to retention of title and hand over the documents necessary for intervention; this shall also apply to any other kind of impairment of the goods subject to retention of title.

6.    Liability of LUQEL

LUQEL´s final liability unde these terms and conditions is as follows:

6.1    LUQEL shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. The same shall apply in case of assumption of a guarantee and other mandatory liability reasons such as product liability law.

6.2    In cases of slight negligence LUQEL shall only be liable in the event of a breach of an essential contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation the fulfilment of which makes the execution of the contract possible in the first place and on the fulfilment of which the contractual partner may therefore regularly rely. In this case the liability is limited to the amount of the damage typically to be expected and foreseeable for us at the time of conclusion of the contract if proper care is taken.

6.3    The limitations of liability shall apply accordingly in favour of LUQEL's employees, representatives and vicarious agents.

7.    Legal Right of Revocation

7.1    Cancellation policy when purchasing products in our online shop (except subscriptions). Please note that there are some exceptions to the right of withdrawal, see 7.3: (except subscriptions)

Cancellation Policy

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.

To exercise your right of revocation, you have to

LUQEL Deutschland GmbH
Hanauer Straße 13A
75181 Pforzheim
Deutschland

Tel: 0800 8800885
Fax: +49 7231 2824972
E-Mail: service.de@luqel-water-com

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the Revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

7.2    Sample of Revocation Form

Sample of Revocation Form

(If you want to cancel the contract, please fill out this form and send it back).

  • To: LUQEL Deutschland GmbH, Hanauer Straße 13A, 75181 Pforzheim, Deutschland, E-Mail: service.de@luqel-water.com
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
  • Ordered on (*) / Received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for paper notification)
  • date

(*) Delete the incorrect.

7.3    You have no right of revocation for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, for contracts for the delivery of goods which can spoil quickly or whose expiry date would be exceeded quickly or also for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

As far as you can purchase such goods in our shop, we explicitly point out the non-existence of the right of withdrawal for these goods.

8.    Other Regulations, Notices

8.1    LUQEL observes all data protection regulations. Reference is made to the separate data protection information.

8.2    The contractual relations between the Seller and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG). This shall not apply insofar as mandatory consumer protection regulations in the country in which the customer has his habitual residence regulate otherwise.

8.3    If individual provisions of these GTC should violate mandatory law in whole or in part or be void or ineffective for other reasons, the remaining provisions shall remain unaffected. In this case, the parties shall endeavour to agree on a lawful provision which comes as close as possible to the content of the original provision.

8.4    LUQEL is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body under the Consumer Dispute Resolution Act (VSBG).

8.5    The European Commission provides a platform for online dispute resolution in accordance with Regulation (EU) No. 524/2013 (ODR-VO), which you can reach at http://www.ec.europa.eu/consumers/odr.

B.    GTC for other customers

9.    Scope of application, General

9.1    LUQEL Limited ("LUQEL", "we") offers through its website www.luqel-water.com ("Website") the purchase of various products in the field of water supply by intelligent water stations and their accessories ("Products").

9.2    These General Terms and Conditions ("GTC") - i.e. part "B." - apply to all products purchased by users ("Buyer", "You") in the online shop on the LUQEL website or via mobile apps ("Online Shop"), provided that the Buyer is a business person (§ 14 BGB), a legal entity under public law or a special fund under public law. Part "A." is expressly not applicable in this respect.

9.3    The GTC are available at any time at https://www.luqel-water.com/de-de/agb. The GTCs in the version valid at the time of the order shall apply. Any terms and conditions of the buyer that deviate from or contradict these GTC shall not apply.

10.    Contract conclusion, Information

10.1    The contractual partner of the buyer is LUQEL. As a registered buyer, the buyer's order data is stored and automatically pre-inserted during the ordering process in order to process orders faster.

10.2    The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the buyer to submit an offer. By clicking on the button "order subject to payment" you submit a binding offer directed at ordering the products contained in the shopping cart. Confirmation of receipt of your order will be sent immediately by e-mail ("confirmation of receipt"). With this confirmation of receipt LUQEL does not yet accept your order. Acceptance and thus the conclusion of the contract for the respective order is only effected with a separate e-mail containing a corresponding declaration, a confirmation of dispatch and/or a request for payment ("order confirmation").

10.3    The text of these General Terms and Conditions shall not be stored by LUQEL in a way accessible to the buyer after the conclusion of the contract. However, it shall be sent to the buyer by e-mail as part of the confirmation of receipt.

10.4    Input errors can be recognized and corrected by the buyer before the final submission of an offer by checking the offer on a separate confirmation page.

10.5    The language available for the conclusion of the contract is German.

10.6    LUQEL is not subject to special codes of conduct not mentioned above.

10.7    Only the order confirmation is authoritative for the scope and subject matter of the service. If these contain changes compared to the buyer's order, the buyer is deemed to have given his consent if he accepts the service without reservation and does not immediately object in writing. Obvious mistakes, printing, spelling, calculation and calculation errors are not binding and do not justify a claim.

10.8    Information, samples, specimens or illustrations in the online shop are only approximate (e.g. weight, dimensions, tolerances or technical data), unless the usability for the agreed contractual purpose requires exact conformity. A reference to technical standards serves the purpose of the performance description and is not a guarantee of quality.

10.9    We shall only provide a guarantee if we have expressly designated it as such in writing. Repairs or structural changes may only be carried out by LUQEL or a specialist company authorized by LUQEL.

11.    Obligations of the Buyer

11.1    The buyer is obliged to provide complete and correct information when registering and submitting his offer. If relevant information changes, the Buyer must update it before submitting the next offer. The buyer must take reasonable precautions to avoid third parties obtaining knowledge of his access data to his account; in particular, he is obliged to keep his access data secret.

11.2    If the delivery fails due to the Buyer's fault, the Seller will ask the Buyer to provide a correct delivery address. The seller will make a further delivery attempt at intervals of approximately one week from the conclusion of the contract. This further delivery attempt will be made to the corrected delivery address; if the buyer has not provided the seller with a corrected delivery address at the above-mentioned times, the further delivery attempt will be made to the delivery address originally provided. If the further delivery attempt fails, although LUQEL had asked the buyer to provide a correct delivery address after the first delivery attempt, LUQEL can withdraw from the contract. In this case LUQEL will refund any payments made to the customer immediately. Any further claims, in particular because of the additional delivery costs incurred, are subject to the legal regulations.

11.3    Any industrial or commercial resale of the products is prohibited. This shall not apply if LUQEL has given its prior express consent (at least in text form).

12.    Purchase Price, Terms of Payment

12.1    Upon conclusion of the Agreement, the Buyer undertakes to pay the purchase price agreed upon at the conclusion of the Agreement with respect to the Products purchased by the Buyer plus any shipping costs ("Purchase Price") agreed upon at the conclusion of the Agreement. The purchase price is due upon conclusion of the contract.

12.2    Unless otherwise stated, all prices are gross prices including statutory value added tax, plus any agreed delivery and shipping costs. The purchase price will be clearly communicated to the buyer during the ordering process. The available payment methods will be indicated to the buyer before conclusion of the contract.

12.3    Payment is made by the payment method chosen by the buyer in the order process. If no specific reference and/or at least one specific payment method is indicated for the respective article, payment can be made by bank transfer after invoicing. If third-party providers such as PayPal are involved in the payment process, their general terms and conditions shall apply in addition (for PayPal, for example https://www.paypal.com/de/webapps/mpp/ua/ useragreement-full).

12.4    If the buyer chooses payment by bank transfer after invoicing, we will deliver the products first. The invoice must then be settled and the payment is only considered final when it is received on LUQEL's account.

12.5    In the case of late payment, rebates, discounts and other benefits shall become invalid and interest on arrears shall be due in accordance with § 288 BGB. The commercial due date interest (§ 353 HGB) remains unaffected.

12.6    A right of retention as well as the right of set-off by the buyer is excluded unless it is based on the same contractual relationship (§ 320 BGB), the claim is legally established, undisputed or recognized by LUQEL.

12.7    In the case of a return debit note in the case of direct debit, the buyer is obliged to compensate LUQEL for the costs actually incurred by LUQEL through the return debit note.

13.    Delivery, Retention of Title

13.1    The delivery of the ordered products is carried out by the shipping service provider indicated in the order process and, if applicable, selected by the buyer. The currently available delivery options will be displayed to the buyer before the contract is concluded.

13.2    Unless otherwise indicated in the display of the individual products in the online shop prior to conclusion of the contract, delivery is generally

  •  for deliveries to Germany (except German islands): within 7 to 10 working days
  • for other deliveries: within up to 30 working days

from order confirmation.

Working days are Monday to Friday, except public holidays in Baden-Württemberg (Germany) and public holidays at the buyer's place of business. LUQEL has no influence on postal delivery times. A delivery time (except in the case of an agreed obligation to bring the goods to the buyer's premises) is deemed to be met if the shipping service provider collects the shipment for dispatch within this period. We do not assume any liability for delays.

Compliance with the time of performance is subject to timely delivery to ourselves. The non-availability of the subject matter of the contract in this sense is in particular the non-timely delivery by a supplier of LUQEL if LUQEL has concluded a congruent hedging transaction or if neither LUQEL nor the supplier is at fault.

If force majeure, industrial action or its effects or other events which LUQEL cannot avert in spite of reasonable care according to the circumstances - whether they occur at LUQEL or at a subcontractor - prevent the fulfilment of the delivery obligation, the delivery period shall be extended by the duration of the delay. If, as a result of such events, the delivery subsequently becomes unreasonable for one of the parties, the latter is entitled to withdraw from the contract without the latter being able to derive claims for damages from this.

13.3    The buyer shall bear the shipping costs. The buyer will be notified of the amount of the shipping costs before conclusion of the contract.

13.4    The risk of accidental loss or deterioration shall pass to the Buyer at the latest upon acceptance or handover to the shipping service provider. This does not apply if LUQEL's contractual obligation exceptionally includes assembly/installation at the place of performance. In case of delays in acceptance or dispatch due to circumstances for which LUQEL is not responsible, the risk passes to the buyer with the notification of readiness for acceptance or dispatch.

13.5    LUQEL is entitled to make partial deliveries, as far as this is reasonable for the buyer. In the case of a partial delivery the buyer shall only bear the shipping costs that are incurred for the first of the partial deliveries.

13.6    The Products remain the property of LUQEL ("Reserved Goods") until the purchase price has been paid in full.

13.7    The buyer shall inform LUQEL immediately of any enforcement measures of third parties against the goods subject to retention of title and hand over the documents necessary for an intervention; this shall also apply to any other impairment of the goods subject to retention of title.

14.    Warranty

14.1    If the buyer is a merchant within the meaning of the German Commercial Code (HGB), he must carefully examine the performance received immediately after receipt. LUQEL must be notified of any defects immediately in writing ("Notice of Defects"). Any damage caused by shipping or transport shall be documented to the shipping service provider. Otherwise § 377 HGB shall apply.

14.2    By hearing the complaints, LUQEL does not waive the objection that these complaints were not made in time, were unfounded or otherwise insufficient. Measures to reduce the damage shall not be deemed to be an acknowledgement of defect

14.3    Material-related deviations from the agreed quality and scope as well as changes in performance in the course of technical progress, in construction, design, dimensions, weight or colour are permissible within the tolerances customary in the industry, provided that they do not restrict the usability for the contractually intended use, there is no guarantee and the Buyer can reasonably be expected to accept them upon objective assessment of all circumstances.

14.4    If the performance is defective, LUQEL shall fulfil its obligation of subsequent performance at its own discretion by remedying the defect (rectification of defects) or by delivering a defect-free performance (subsequent delivery). LUQEL can refuse one type of subsequent performance or the entire subsequent performance if it is only possible at disproportionate costs.

14.5    The buyer must give LUQEL the necessary time, opportunity and access for subsequent performance; otherwise LUQEL shall be released from liability for the consequences arising therefrom.

14.6    If LUQEL decides to make a subsequent delivery, this will only be made, if LUQEL so wishes, against return of the defective performance. Replaced parts become the property of LUQEL.

14.7    We shall bear or reimburse the expenses necessary for the purpose of testing and subsequent performance, in particular transport, travel, labour and material costs as well as any dismantling and installation costs in accordance with the statutory provisions if a defect actually exists. Otherwise, we can demand reimbursement from the purchaser of the costs incurred as a result of the unjustified demand for the removal of defects (in particular testing and transport costs), unless the lack of defect was not recognisable to the purchaser.

14.8    We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a reasonable part of the purchase price in relation to the defect.

14.9    No warranty is given in case of unsuitable or improper use and/or repair, faulty assembly or commissioning by the Buyer or third parties, non-compliance with the processing guidelines or operating or assembly instructions, natural wear and tear, faulty or negligent handling or storage, improper maintenance and care, unsuitable operating materials, chemical, electrical or environmental influences, provided that LUQEL is not responsible for this.

15.    Liability of LUQEL

LUQEL's final liability under this part of the GTC is as follows:

15.1    LUQEL's liability for intent and gross negligence and for damages resulting from injury to life, body or health is unlimited. The same shall apply in case of assumption of a guarantee and other mandatory liability reasons such as product liability law.

15.2    In cases of slight negligence LUQEL shall only be liable in the event of a breach of an essential contractual obligation. An essential contractual obligation within the meaning of this Clause is an obligation the fulfilment of which makes the execution of the contract possible in the first place and on the fulfilment of which the contractual partner may therefore regularly rely. In this case the liability is limited to the amount of the damage typically to be expected and foreseeable for us at the time of conclusion of the contract if proper care is taken.

15.3    The period of limitation for claims pursuant to Section 6.2 is 1 year.

15.4    The limitations of liability shall apply accordingly in favour of LUQEL's employees, agents and assistants.

16.    Force Majeure

16.1    Force majeure, official measures and other circumstances for which we are not responsible, e.g. strike, operational breakdowns, lack of permits, difficulties in procuring materials, unrest, embargoes, travel warnings by the German Foreign Office, which make our own performance or that of our suppliers substantially more difficult or impossible, not only temporarily, shall release us from the obligation to perform for the duration of their effects. We are not liable for delays or impossibility due to these events.

16.2    The customer may request us to declare within a period of 2 weeks whether we wish to withdraw from the contract or to perform within a reasonable period. We shall be entitled to withdraw from the contract in whole or in part if we cannot reasonably be expected to fulfil the contract for the above-mentioned reasons, without the customer being able to derive any claims for damages from this. In this case, the customer shall be released from his corresponding obligation to provide consideration.

17.    References, Place of Performance, Jurisdiction, Other Regulations.

17.1    LUQEL observes all data protection regulations. Reference is made to the separate data protection information.

17.2    The place of performance for all obligations under the contract, including warranty claims, is Pforzheim.

17.3    The contractual relations between the Seller and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).

17.4    If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Pforzheim. However, LUQEL is in all cases also entitled to bring an action at the place of performance of the delivery obligation according to these General Terms and Conditions or a prior individual agreement or at the general place of jurisdiction of the buyer. Priority statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.

17.5    Should individual provisions of these GTCs violate mandatory law in whole or in part or be void or ineffective for other reasons, the remaining provisions shall remain unaffected. In this case, the parties shall endeavour to agree on a lawful provision which comes as close as possible to the content of the original provision.

Status: Juni 2020