Allgemeine Geschäftsbedingungen

GENERAL TERMS AND CONDITIONS OF THE TAPWATER GMBH E-SHOP REALWAKE.COM

 

 

 

1.   DEFINITIONS

In these General Terms and Conditions (hereinafter: ‘GTC’), the following terms and definitions

apply:

 

Consumer:      the natural person who is not acting in the conducting of a profession or
business and who enters into a distance contract with Tapwater GmbH;

 

E-shop:            Realwake’s webshops;

 

Tapwater:        Tapwater GmbH

 

Agreement:     an agreement where, under a system for the distance selling of products

organised by Tapwater, up to and including the entering into of the agreement, use is solely made

of one or more techniques of distance communication; 

 

Distance communication techniques:       means that are used to enter into an agreement without the

Consumer and Tapwater being in the same room at the same time;

 

Cooling-off period        the period of time during which the Consumer can utilise his or her right
of withdrawal;

 

Right of withdrawal    the option that the Consumer has during the cooling-off period to refrain

from entering into the distance agreement;

 

Day:                               calendar day;

 

 

2.   APPLICABILITY

1)   These General Terms and Conditions (GTC) apply as from 1 January 2022 to all offers made

by Tapwater in its E-shops and to all Agreements entered into by Tapwater.

2)   These GTC will be provided to the Consumer electronically and in such a way that the

Consumer can easily store them on a long-lasting data carrier.

3)   Where expressly stated, additional conditions apply to certain products in addition to these

GTC. 

     

3.   FORMATION OF THE AGREEMENT

1)   Subject to the provisions in Article 4, the Agreement is formed at the moment in time when

the Consumer accepts Tapwater’s offer electronically.

2)   If the Consumer has accepted the offer electronically then without delay Tapwater will

      electronically confirm - via an order confirmation - the receipt of the offer acceptance.

      The  Consumer can terminate the Agreement as long as receipt of this acceptance has not

      been confirmed.

3)   Tapwater takes appropriate technical and organisational measures to safeguard the electronic

transfer of data and provides a secure web environment. If the Consumer pays electronically

then Tapwater will apply appropriate security measures to this end. 

4)   Within the statutory frameworks, Tapwater may find out whether the Consumer can comply

with his payment obligations, and may also find out all the facts and factors that are

relevant to a responsible entering into of the Agreement. If Tapwater’s enquiries lead to it

having valid grounds for declining to enter into the Agreement then it is entitled to refuse an

order or request.

 

4.         THE OFFER 

1)   If an offer has a limited period of validity or is made subject to certain conditions then this

will be expressly stated in the offer. 

2)   The offer contains a complete and accurate description of the product(s) offered. The

description is sufficiently detailed for it to be possible for the Consumer to make an accurate

assessment of the offer. If Tapwater uses illustrations then these will accurately reflect the

products offered. Tapwater is not bound by obvious mistakes or errors. 

3)   The website contains information that makes it clear to the Consumer what the rights and

obligations are that are attached to the acceptance of the offer. This relates in particular to:

• The price including taxes;

• Any delivery costs;

• The way in which the Agreement is to be formed and which acts will be necessary for this;

• Whether the right of withdrawal applies or not;

• The methods used for payment and delivery and for execution of the Agreement;

• The deadline for accepting the offer or the period for which the price is valid. 

 

5.   PRICES & SHIPPING COSTS

1)   The prices that apply are those that apply at the moment in time at which a product is

ordered. All prices are expressed in the local currency and are quoted inclusive of turnover

tax but exclusive of shipping costs.  The amount of the shipping costs and COD (cash on

delivery) charges does not depend on the number of products ordered but on the total

order value or on applicable special offers. 

2)   Special price offers, including discounts, are only valid for the period of validity stated

alongside the special offer and only apply while stocks last. This statement is either printed

in a folder or else is stated on the Internet website with regard to this special price offer. 

6.   PAYMENT/REIMBURSEMENT OF MONIES

1)   The payment options available depend on the country in which the order is placed. The

available payment options are made known in the E-shop. In any case, the following

payment methods can always be used:

• PayPal

• Credit card (VISA or Mastercard)

2)   If a payment term is agreed by Tapwater then the mere lapsing of this period means that the

Consumer is in default. Payment terms can only be agreed in writing and will be subject to

other terms and conditions that are set and agreed at that time. 

3)   If a payment mode using a credit card or PayPal is opted for then the conditions of the

relevant card issuer or PayPal apply. Tapwater is not a party to the relationship between the

Consumer and the card issuer. 

4)   All reasonable judicial and extrajudicial costs of whatever kind, including payment collection

costs, will be charged to the Consumer that Tapwater incurs as the result of the Consumer’s

failure to fulfil his payment obligations and/or other obligations. 

5)   In the case of late payment, Tapwater is authorised to terminate the Agreement in whole or

part with immediate effect or to suspend delivery or further delivery until such time as the

Consumer has fulfilled his payment obligations in full, this including the payment of costs as

referred to in Article 6.4.

 

7.   DELIVERY

            1)   At the current time, Tapwater delivers to customers who have an address in Albania, Andorra,

                Armenia,Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina Bulgaria, Croatia,

                Cyprus, Czech Republic, Denmark, Estonia, Finland, Former Yugoslav Republic of Macedonia,

                  France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia,

                  Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands,

                Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia Slovenia, Spain,

                Sweden Sweden Switzerland Turkey, Ukraine and the United Kingdom. We also deliver to the

                  United States of America.

2)   Tapwater dispatches the accepted orders - either itself or via a third party - as quickly as

possible in the order in which they are received. Subject to the provisions of Article 4, if a

product is in stock then the average delivery period is 3 to 5 working days from the order

date.

3)   If a delivery cannot be made at all or within the average delivery period, for example

because the products are not in stock, then the Consumer will be informed about this as

soon as possible. Tapwater is not liable for any loss of any kind that results from the exceeding

of the announced delivery periods. 

4)   Unless a longer delivery period is agreed, Tapwater will carry out the order within 30 days at

the latest. If the order cannot be carried out within 30 days then Tapwater will inform the

Consumer about this and the Consumer will be entitled to terminate the Agreement without

charge. 

 

 

8.   RETURNING GOODS & RIGHT OF WITHDRAWAL

1)   The Consumer is obliged to carefully inspect the products (or to arrange for this to be done)

immediately after their receipt.

2)   The Consumer is entitled to terminate the purchase - without stating any reasons - no later

than 14 days after the product in question was delivered, this being the cooling-off period

provided that the products have not been worn or otherwise used and with due observance

of the following:

• For reasons of hygiene, men’s and boys’ swimwear cannot be returned. Ladies’ and 
  girls’ clothing can only be returned if the hygiene sticker has not been removed;

• For hygiene reasons, underwear cannot be returned;

• Original labels must not have been removed;

Without affecting the Consumer’s statutory rights, the Consumer can contact Tapwater’s

customer service as referred to in Article 14 paragraph 2 in order to terminate the purchase

in the aforementioned way.

 

Without affecting the Consumer’s statutory rights, after terminating the purchase the

Consumer can return the item - including by using the return slip supplied after registration

of a return via the contact form or by e-mail - in order to then

get his money back. The costs of the return shipment will be borne by the Consumer. 

 

3)   If the Consumer has utilised his right of withdrawal as referred to in the previous paragraph

then Tapwater will ensure that the sum paid by the Consumer will be repaid to the latter no

later than 21 days after the purchase was terminated.

4)   If a product is returned that is part of an order of multiple products for which a discount

arrangement applies then the following applies:

• 2 products purchased at a discount: the Consumer is entitled to terminate the
  purchase for both products - without stating reasons - no later than 7 days after
  these products were delivered. If the Consumer only wishes to terminate the
  purchase of one of these two products then the Consumer will be repaid the original
  purchase price (without discount) of the product minus the total discount stated in the order.

• Buy 1, get 1 free: the Consumer must also return the free article and will then be
  repaid the money for the product purchased;

• ‘Get the Look’, i.e. where multiple products are purchased at a lower price: the
  Consumer is entitled to terminate the purchase for all the products - without stating
  reasons - no later than 7 days after these products were delivered. If the Consumer
  only wishes to terminate the purchase of one or a number of these products then
  the Consumer will be repaid the original purchase price (without discount) of the
  product minus the total discount stated in the order.

5)   The risk of damage to and/or loss of the returned product rests with the Consumer until the

moment in time at which Tapwater receives the returned product.   

 

9.   RETENTION OF TITLE

1)   The products remain Tapwater’s property until the Consumer has paid the invoice amount in full.

2)   The Consumer must not encumber, sell, supply on, dispose of or otherwise encumber the

products before ownership thereof has passed to him.

3)   The risk of the products passes to the Consumer at the moment in time when the products are

delivered to the Consumer.
 

 

10. GUARANTEE/LIABILITY

1)   Tapwater warrants that the products comply with the Agreement and with the descriptions stated

in the offer.

2)   The scope of any liability on the part of Tapwater is limited to the invoice value of the supplied

products that gave rise to the liability or in connection with which the liability arose. 

3)   Tapwater may include links on its Internet website to other Internet sites that may be of interest

      to the visitor or that the latter may find informative. Such links are merely informative in nature.

Tapwater is not responsible for the content of the Internet website that is referred to/linked to or

for the use that may be made of it. 

 

11. FORCE MAJEURE

1)   In the event of force majeure, Tapwater is not obliged to fulfil its obligations in respect of the

Consumer, with these obligations being suspended for the duration of the force majeure. 

2)   Force majeure is considered to be any circumstance that is beyond Tapwater’s control that

prevents Tapwater from fulfilling its obligations in respect of the Consumer in whole or part.

These circumstances include (amongst others) strikes, fire, operational failures, power failures,

suppliers or other deployed third parties failing to deliver on time or at all, the lack of any

permit/licence to be obtained from the authorities and unusual weather conditions. Force

majeure is also deemed to include faults in a telecommunications or other network or in a

connection or in communications systems used and/or the unavailability at any time of the

Internet website. 

 

12. INTELLECTUAL PROPERTY

1) The Consumer expressly recognises that all intellectual property rights relating to displayed

information, symbols, communications or other statements relating to the products and/or the

Internet website are vested in Tapwater, its affiliated companies, its suppliers or other entitled

parties and that these rights are never transferred to the Consumer. Intellectual property rights

are considered to include rights relating to patents, copyrights, trademarks, drawings and

designs and/or other intellectual property rights and other rights, or other products, as well as

patentable and non-patentable technical and commercial knowhow, methods and concepts.

2) The Consumer undertakes that if he utilises the intellectual property rights described in this

Article then he will not violate them.

 

 

13. PRIVACY

1)   Tapwater will solely process the data from the Consumer in accordance with its privacy policy.

2)   The Internet website also includes Tapwater’s Privacy Policy.
 

14. APPLICABLE LAW / DISPUTE SETTLEMENT RULES 

1)   All offers and the Agreement are solely governed by Swiss law. 

2)   If the Consumer has a query and/or complaint then he may contact Tapwater’s customer service:
info@realwake.com or via contact form on the E-shop.

Complaints are usually dealt with within 5 working days. If this is not possible for any reason then
the Consumer will be told about the duration of the delay.