Terms and Conditions

AGB - General Terms and Conditions of AQA GmbH

As of December 2018

  1. scope
    These general terms and conditions in the currently valid version apply to all order processes and sales contracts concluded with AQA GmbH. Deliveries, services and offers are made exclusively on the basis of these general terms and conditions.
  2. Conclusion of contract
    Orders from the customer are considered an offer to conclude a contract. Orders require express acceptance. Only with the express acceptance do we accept your purchase offer and the contract is concluded. The confirmation of the receipt of an order by email is considered as acceptance of the contract. All offers and information in our online shop are subject to change and non-binding.
  3. delivery
    Delivery time approx. 3-10 days after receipt of payment. The dispatch takes place within 5 working days (dispatch) from the acceptance of the contract, subject to prior sale. The information about the delivery time is purely informative. In the event of delays in delivery, you will receive a notification by email.
  4. Prices
    Only the prices and payment conditions published on the above website or on the current price list apply. Unless otherwise expressly stated, the prices include all taxes including the applicable statutory sales tax. When shipping outside the European Union, any import duties are to be borne by the customer. Please note that the postage costs for sending an analysis product to the laboratory listed on the return box are to be borne by the customer.
  5. payment
    Payment is made by bank transfer in advance (prepayment), by credit card, instant transfer or PayPal. When purchasing on account (not possible in the online shop), payment is due promptly and without any deductions to our account listed on the invoice.
  6. Retention of title
    The ordered goods remain the property of AQA GmbH until they have been paid for in full.
  7. Right of withdrawal
    Consumers have a fourteen-day withdrawal.
    Right of withdrawal
    You have the right to cancel this contract within fourteen days without giving any reason.
    The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
    In order to exercise your right of withdrawal, you must contact us (AQA GmbH, Neudeggergasse 17/23, 1080 Vienna, Austria, Tel: 02243/90180, Fax: 02243 / 32138-5, E-Mail: office@aqa.at, Commercial Register Number: FN 224113 d) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use a sample cancellation form for this purpose (Sample withdrawal form), but this is not mandatory.
    To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
    Consequences of withdrawal
    If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
    You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
    The right of withdrawal does not apply to the following contracts:
    Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
    The goods must be returned undamaged and properly packaged. The purchase price will be returned after the goods have been properly returned.
    The goods must only be returned to the following address: AQA GmbH, Karl Inführ Platz 1, 3400 Klosterneuburg. A cancellation of any credit card payment at the customer's credit card company is not permitted before the goods are returned and AQA GmbH has confirmed that they have been properly received.
  8. Parcels / letters that have not been picked up
    If parcels / letters are returned by the Post to AQA GmbH with the note "not picked up", any costs of this return will be billed to the customer.
  9. Warranty and liability
    If the goods are defective, the customer is covered by the statutory warranty. A 6-month guarantee and the statutory warranty apply to all electrical devices. The following applies to analysis products: There is no obligation to provide assistance. Incorrect, incomplete or non-personalized samples cannot be submitted. The sender is responsible for ensuring that only samples without additives in accordance with the respective product instructions for carrying out the sampling are sent. In the case of WasserChecks, the sender is responsible for ensuring that only tap water / well water without additives and without carbon dioxide is filled into the sample bottles. Beyond the guarantee, we are only liable for intent and gross negligence. Compensation for consequential damage and, in particular, loss of profit from defective, omitted or delayed delivery is also excluded. The analyzes do not represent complete or official investigations in accordance with applicable regulations.
  10. Alternative dispute resolution
    The Federal Act on Alternative Dispute Resolution in Consumer Matters implements an EU directive (RL 2013/11 / EU), which aimed to promote growth and confidence in the internal market and achieve a high level of consumer protection without restricting consumer access to the courts . The online dispute settlement platform can be used to settle disputes. Link to the OS platform: http://ec.europa.eu/consumers/odr. Responsible body for alternative dispute resolution: Internet Ombudsman
    Internet: http://www.ombudsmann.at ; E-mail: kontakt@ombudsmann.at. Write us your complaint directly at the following email address: office@aqa.at

  11. right of providing information
    You have the right at any time, free of charge and immediately, to inquire about the data collected about you. You have the right at any time to withdraw your consent to the use of the personal data you have provided with effect for the future. For information, please contact the provider using the contact details in the legal notice.
  12. Choice of law and place of jurisdiction
    Every order is subject exclusively to Austrian law, excluding the reference standards to other legal systems and excluding the UN sales law. However, according to Art. 5 Para. 2 EVÜ, mandatory consumer protection provisions of the home of a consumer apply.