General Terms and Conditions

Preamble

Aquavital GmbH, represented by the managing director Günter Omer (hereinafter referred to as “Aquavital”), who has sole signing authority, sells products for physical water treatment.

The trademark “Aquavital” is registered in the EU under the EUIPO number 018830796 and in Switzerland under the trademark number 800871 and is owned by tablegray gmbh.

Distribution in Switzerland is handled by tablegray swiss gmbh, based in Chur.

Section A: General provisions (for all customers)

1. Scope of application

These General Terms and Conditions apply to all contracts between Aquavital and customers, unless a distinction is expressly made below between consumers (B2C) and entrepreneurs (B2B).

2. Retention of title

The delivered goods remain the property of Aquavital until full payment has been received.

3. Official approvals

If import, export or other official permits or third-party approvals are required for the execution of the contract, the customer shall be solely responsible for obtaining these in good time, unless otherwise agreed.

4. Deadlines

Contractual periods shall commence on the working day following the agreement.

5. Prices and currency

Prices are quoted in the national currency of the place of delivery or performance. The statutory value added tax is shown separately.

6. Contract amendments

Amendments and additions to the contract must be made in writing to be effective.

7. Severability clause

Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.

8. Applicable law and place of jurisdiction

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

• For consumers, the mandatory protective provisions of the country of residence apply. The statutory place of jurisdiction of the consumer remains unaffected.
• The exclusive place of jurisdiction for entrepreneurs is Graz.

9. Information on the function and mode of action of the products

1. The limescale remains in the water, which is why hardness tests before and after installation of the AQUAVITAL® limescale magnet produce the same result.
2. Customers are expressly advised to reduce the amount of dishwashing and laundry detergent used. Due to the lower surface tension and the changed limescale structure of the water, the quantities recommended for softer water are sufficient.
3. After installation, the water may briefly discolour slightly reddish brown. This does not represent a defect, but is one of the typical signs that indicate the effect of the AQUAVITAL® lime magnet.
4. The function of AQUAVITAL® is only guaranteed if the installation and maintenance instructions are strictly observed.
5. It must also be ensured that the pipe dimensions match the appliance dimensions.

10. Technical and scientific note

AQUAVITAL® products are at the cutting edge of technology. The methods and principles used have been known for decades and have been tested by thousands of satisfied customers. Various institutes and researchers have analyzed and tested the modes of action.

Even though our many years of experience and the daily feedback from our customers show that our devices can achieve great results, we see it as our duty to point out to you that some of the AQUAVITAL® methods have been doubted and disputed by the classical natural sciences for decades.

However, the numerous positive tests carried out by our customers and testimonials confirm the effect in practice on a daily basis.

Section B: Special provisions for consumers (B2C)

11. Transfer of risk

In the case of contracts with consumers, Aquavital shall bear the risk of accidental loss or deterioration of the goods until they are handed over.

12. Test phase and payment

Aquavital grants a 30-day free trial period. Payment for the product is due within 45 days of the start of the trial.

1. If the return is made within the 45 days from the start of the test, there are no costs for the return.
2. A discount of 3% is granted for payment within 14 days of the start of the test.
3. Decisive is the timely receipt of the payment on the company account of Aquavital.
4. d) In principle, there is no obligation to pay until the customer explicitly requests this. We will contact the customer by e-mail or telephone towards or shortly after the end of the trial period. If the customer cannot be reached several times, we will assume that the customer is ready to make a purchase and will send the invoice under the usual conditions.

13. Right of return (contractually additional)

In addition to the statutory right of withdrawal (14 days according to FAGG), Aquavital grants a voluntary right of return up to 3 months after delivery.

1. Receipt of the goods by Aquavital shall be decisive for compliance with the deadline.
2. The customer shall bear the costs of returning the goods unless he exercises his statutory right of withdrawal.
3. Returns must be made in proper condition.

14. guarantee

Aquavital grants a 50-year durability and function guarantee on its products.

1. This guarantee applies in addition to the statutory warranty rights, which are not restricted by it.
2. In the event of a warranty claim, Aquavital will replace or repair the product at its discretion.
3. Claims arising from the statutory warranty (§§ 922 ff ABGB, 2 years) remain unaffected.

15. Liability

Aquavital shall be liable without limitation for damages resulting from injury to life, body or health as well as in the case of intent and gross negligence.

Aquavital shall only be liable for other damages in the event of a breach of essential contractual obligations and limited to the foreseeable damage typical of the contract.

Section C: Special provisions for entrepreneurs (B2B)

16. Transfer of risk

Delivery and performance shall take place ex Aquavital’s registered office. Costs and risk shall pass to the entrepreneur upon handover to the carrier.

17. Terms of payment

Payments are due within 14 days of the invoice date without deduction, unless otherwise agreed.

18. Warranty and liability

1. Entrepreneurs must give written notice of defects without delay, at the latest within 7 days of delivery.
2. Claims for defects expire 6 months after delivery.
3. Liability for loss of profit, indirect and consequential damages is excluded, except in cases of intent or gross negligence.