Terms and Conditions
§ 1 General Information
(1) The following terms and conditions apply for all contracts concerning the purchase of our hardware products. Hereinafter, Hydroo Messgeräte GmbH will be referred to as “we“or “us“; the customer as “you“ or “licensee“.
(2) To place an order, you must be 18 years of age.
(3) The following terms and conditions are binding unless agreed otherwise in writing and will be recognised by the licensee whilst ordering/ purchasing.
(4) Different terms and conditions of the licensee are not valid.
(5) Terms and conditions of Hydroo Messgeräte GmbH are also valid concerning subsequent business transactions.
(6) Changes, additions or work concerning the contract are invalid unless confirmed in writing by Hydroo Messgeräte GmbH.
(7) By placing an order, the person confirms that he or she has read the general terms and conditions of Hydroo Messgeräte GmbH and accepts them without restriction of any kind.
(8) It is forbidden to change the products of Hydroo Messgeräte GmbH in any way, either hardware or softwarewise. If this is still the case, Hydroo Messgeräte GmbH is entitled to assert claims against the user.
§ 2 Conditions of Return
(1) You have the right, within 14 days , to cancel your order or send the product back without reason. Within this period, you must clearly inform Hydroo Messgeräte GmbH, in writing about a required revocation.
(2) An effective cancellation includes a clear statement of revocation, date of order as well as the name of the customer. The product is then to be sent back immediately with the original invoice, the original packaging as well as the supplied accessories. This should take place within 14 days.
(3) As soon as we have received the product (in the same condition as when it was sent) payments to Hydroo Messgeräte GmbH will be reimbursed.
(4) Shipping costs caused by the Licensee are excluded from this.
(5) The same method of payment will be used for reimbursement as was used in the original transaction.
(6) Please note that products are excluded from the right of return in the following cases (guarantee claims not included):
The product is not returned in its original state (e.g. product damage, functional damage and any other alterations)
(7) If the product is sent back damaged or altered in any way then the licensee pays for the loss of value of the product.
§ 3 Purchase Order
(1) As soon as we have received your order, you will receive a confirmation of order email. We like to ensure that we have the ordered product in stock. In exceptional cases, we cannot guarantee this and therefore reserve the right not to send the order or to send it at a later date.
(2) If the products are in stock (immediately or at a later date), you will receive an acceptance of order email from Hydroo Messgeräte GmbH.
(3) With this email a contract is concluded between us and the Licensee. With the conclusion of the contract we then send the product promptly.
§ 4 Terms of Payment
(1) All price quotations are net prices; that is to say the statutory value-added-tax is not included in the price and is stated separately at the legally applicable rate.
(2) Cash discount requires a separate written agreement between us and the customer.
(3) The customer agrees to pay the amount due within 30 days after receipt of the invoice. Once this deadline has expired the customer is in default of payment.
(4) In the event of a default/ insolvency proceedings/ enforcement proceedings (against our customer) we are entitled to withhold our services until the full amount has been paid.
(5) In the case of a default/ insolvency, bankruptcy, settlement proceedings/ enforcement proceedings against our customer, we are entitled to forfeit all discounts, bonus payments and price agreements.
(6) The customer guarantees that at the time of contract conclusion he or she does not have payment difficulties and is not insolvent or bankrupt. If the customer is insolvent then he is to inform us in writing immediately. A verbal statement is invalid. In the case of payment difficulties we are entitled to cancel the contract and/ or to demand the return of our property.
§ 5 Shipping/ Delivery
(1) For product orders of over 200€, we offer free standard shipping. The Licensee´s order will be sent when all ordered products are available for a complete delivery. The stated delivery times are approximate; they can differ from actual delivery times. There is no liability claim due to delayed deliveries.
§ 6 Statutory warranty
(1) Integral parts of the contract are all products that are listed when the contract is concluded.
(2) Products that have not been made by us are excluded.
(3) This concerns, in particular, batteries which are by no means an integral part of the contract. This also applies for products listed in our online shop.
(4) The warranty period begins from the delivery of the goods for one year. The legal warranty conditions still apply.
(5) The Licensee is obligated to check goods for quality and deviations in quantity. You must notify us about obvious defects within 7 days after delivery in writing.
(6) You must notify us for defects that are detected later within 7 days as well.
(7) In the event that the obligation to inspect and give notice is violated by the Licensee, then the assertion of warranty claims are excluded.
(8) With duly notified defects, we have the choice between improvements, replacement delivery or withdrawal from the contract. This is also valid if the attempt to rectify the defects a second time is unsuccessful.
(9) The incurred shipping costs will not be reimbursed.
(10) Should one of these paragraphs or certain clauses of §5, in for example the case of a legal dispute, be rendered ineffective, the other paragraphs / agreements remain unaffected.
§ 7 Warranty claim
(1) We endeavour to sell the Licensee satisfactory products. Due to the complex interaction of the hardware product with many external components for example the battery or smartphone software, no additional warranty claim can be granted (statutory warranty claims remain unaffected).
(2) Batteries and parts subject to regular wear and tear are exluded from the warranty claim (e.g. cables, electrode pins).
§ 8 Liability
(1) We are liable for all cases of intent as well as fraudulent concealment of a defect known to us.
(2) We are not liable for cases of simple or gross negligence.
(3) If we have breached an essential contractual obligation, we are not liable for unforeseeable damage at the moment of contract conclusion.
(4) The Owners Handbook should be read before the hardware is used.
(5) The customer is obliged to follow the instructions in the Owner´s Handbook.
(6) In the case of limited functionality or inoperable hardware, the device should not be used.
(7). No liability is assumed in cases of limited functionality or inoperable hardware
(8) There is no liability claim for products that are not contract components (e.g. batteries).
§ 9 Transfer of risk
The risk of accidental loss or accidental deterioration of the goods is transferred to the customer as soon as the goods have left our business premises.
§ 10 Miscellaneous
(1) Should one or more of the provisions of these general terms and conditions be or become ineffective or should an omission be found in the provisions, then it will not affect the effectiveness of the remaining provisions.
(2) Whole or partial ineffective provisions or omissions are to be replaced with effective ones so that the objective of the contract can be reached as far as possible.
(3) If the technical specifications given are contradicted (on the website, smartphone app, Owner´s Handbook), the details on the website are considered authoritative.
§ 11 Place of contractual fulfilment and court of jurisdiction
Place of contractual fulfilment and exclusive jurisdiction for payment and delivery as well as for all disputes is, insofar as the necessary preconditions of § 38 ZPO are fulfilled, the registered offices of Hydroo Messgeräte GmbH in 04600 Altenburg. We, however, have the right to sue the buyer at his place of jurisdiction.
§12 Translations of Terms and Conditions
In the case, that translations of the Terms and Conditions (like this one) contradict each other, the decisive version is always the German version and has to apply in case of conflicts.