The business relationship between Sunwater of life, Steingrübleweg 4, 79108 Freiburg, Germany (hereinafter referred to as "Sunwater of life" or "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. intellectual property
All content included on the Website, unless uploaded by users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of Sunwater of life, our affiliates or other relevant third parties. By continuing to use the Site, you acknowledge that this material is protected by applicable German and international intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or otherwise reuse any material from the website unless otherwise stated on the website or unless expressly authorized in writing by Sunwater of life.
3. links to other websites
This website may contain links to other websites. Unless expressly stated, these sites are not under the control of Sunwater of life or its affiliates. We accept no responsibility for the content of such sites and disclaim all liability for any form of loss or damage arising from the use of such sites. The inclusion of a link to another website on this website does not imply any endorsement of the websites themselves or those who control them.
4. links to this website
Those who wish to link to this website on other websites may do so only on the home page of the website without prior permission.
5. data protection
Sunwater of life makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided is accurate. We do not guarantee any particular results from the use of our service.
No part of this website constitutes advice, and the content of this website should not be relied upon in making decisions or taking actions of any kind.
7. website availability
The Service is provided "as is" and on an "as available" basis. We do not warrant that the Service will be free of defects and/or errors. To the fullest extent permitted by law, we make no warranty (express or implied) as to fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.
Sunwater of life assumes no liability for interruptions or unavailability of the Website due to external causes, including, but not limited to, failure of ISP equipment, host equipment, communications networks, power outages, acts of nature, acts of war, or legal restrictions and censorship.
8. limitation of liability
To the extent permitted by law, Sunwater of life shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including indirect, consequential, special or exemplary damages arising out of the use of the website or the information contained therein. Users should be aware that they use the website and its contents at their own risk.
Nothing in these Terms excludes or limits Sunwater of life's liability for death or personal injury resulting from Sunwater of life's negligence or fraud.
Every effort has been made to ensure that these Terms strictly comply with relevant legal requirements. However, if any of these Terms are found to be unlawful, void or otherwise unenforceable, that term shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining terms.
9. offers and performance
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.
10. order process and conclusion of contract
The Customer can select products from the Seller's assortment without obligation and collect them in a so-called shopping cart by clicking the add to cart button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button Continue to checkout to complete the ordering process.
By clicking the Buy with costs button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Required information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is not concluded until the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.
11. prices and shipping costs
All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
12. delivery, availability of goods
If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
13. payment modalities
The customer can choose from the available payment methods within the scope of and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
If third-party providers are commissioned with the payment processing (Paypal), their general terms and conditions apply.
If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
The customer's obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
14. retention of title
Until full payment, the delivered goods remain the property of the seller.
15 Warranty for material defects and guarantee
The warranty is determined according to legal regulations.
A warranty exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the ordering process.
The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
17. storage of the contract text
The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
18. no waiver
Failure by any party to these Terms and Conditions to exercise any right or remedy shall not be construed as a waiver of such right or remedy.
19. previous terms and conditions
In the event of any conflict between these Terms and Conditions and any prior versions, the provisions of these Terms and Conditions shall prevail unless otherwise expressly stated.
20. final provisions
The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law. Contract language is German.
21. law and place of jurisdiction
These Terms and the relationship between you and Sunwater of life shall be governed by and construed in accordance with the laws of Germany and Sunwater of life and you agree to submit to the exclusive jurisdiction of the courts located in Freiburg, Germany.