Terms and Conditions

General Terms and Conditions

Below you will find our General Terms and Conditions for orders placed through our online shop. These Terms and Conditions apply to both consumers and entrepreneurs, unless an individual provision expressly provides otherwise.

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop. Our online shop is intended for both consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their applicability is hereby rejected. They shall become part of the contract only if we have expressly agreed to their applicability.

2. Contracting Party, Conclusion of Contract and Correction Options

The purchase contract is concluded with:

CS Bewässerungssysteme GmbH
In der Aue 29
64385 Reichelsheim
Germany

By listing products in our online shop, we make a binding offer to conclude a contract for these products. You may initially place products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided during the ordering process.

The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button.

Immediately after submitting your order, you will receive a confirmation by email.

3. Contract Languages and Storage of Contract Text

The languages available for the conclusion of the contract are German and English.

We store the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is subsequently no longer accessible via the Internet.

4. Delivery Conditions

4.1 Shipping Costs

Within Germany, standard shipping is free of charge for orders with a value of at least 65 euros including statutory VAT.

For deliveries to Austria and France, as well as to other countries assigned to EU shipping zone 1 in our online shop, standard shipping is free of charge for orders with a value of at least 100 euros including statutory VAT.

For all other delivery destinations, the shipping costs displayed in our online shop apply. The shipping costs applicable to your specific order will be displayed to you no later than during the ordering process before you submit your binding order.

4.2 Delivery Options

We ship the products to the delivery address specified during the ordering process.

You generally have the option to collect your order from:

CS Bewässerungssysteme GmbH
In der Aue 29
64385 Reichelsheim
Germany

Prior arrangement is required for collection.

4.3 Unclaimed or Undeliverable Shipments

If a shipment cannot be delivered due to circumstances for which the customer is responsible, or if it is not collected from the shipping service provider within the applicable storage period and is therefore returned to us, we reserve the right to charge the customer the actual and verifiable costs incurred for the return shipment as well as any additional shipping costs incurred for renewed delivery.

Failure to collect a shipment or refusal to accept delivery does not in itself constitute a withdrawal from the purchase contract. The statutory right of withdrawal of consumers remains unaffected.

If the customer requests renewed delivery after an unclaimed or undeliverable shipment has been returned to us, the shipment will be resent after the additional shipping costs have been clarified.

5. Prices and Payment

5.1 Prices

The prices displayed in the online shop at the time the order is placed apply. Prices displayed to consumers are total prices and include statutory VAT.

5.2 Payment Methods

The payment methods actually available for your order will be displayed during the ordering process.

Advance Payment
If you select advance payment, we will provide you with our bank details. The goods will be shipped after payment has been received. If you pay by advance payment, you will receive a 2 percent discount in accordance with the calculation displayed during the ordering process.

Invoice for Entrepreneurs
Where payment by invoice is offered during the ordering process, this payment method is available exclusively to entrepreneurs. The invoice amount is due for payment without deduction within 30 days of receipt of the invoice, unless a different due date is specified on the invoice.

PayPal Checkout
For various payment methods, we use PayPal Checkout provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.

Depending on availability, payment methods offered through PayPal Checkout may include PayPal, SEPA direct debit, credit card payment, Apple Pay and Google Pay. The payment methods actually available for your order will be displayed during the ordering process. Additional terms and conditions of the relevant payment service may apply to the processing of the payment.

Payment on Collection
For collection arranged in advance, the invoice amount may be paid in cash, via PayPal or by bank transfer. The payment methods available in the individual case will be communicated when arranging collection or displayed during the ordering process.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in our separate withdrawal policy.

7. Retention of Title

The goods remain our property until full payment has been received.

For entrepreneurs, the following also applies: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business. You hereby assign to us all claims arising from such resale up to the amount of the invoice total, and we accept this assignment. You remain authorised to collect these claims. However, we may also collect the claims ourselves if you fail to meet your payment obligations. Upon request, we will release the securities to which we are entitled insofar as their realisable value exceeds the outstanding claims by more than 10 percent.

8. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such damage to the carrier as soon as possible and contact us. Failure to report the damage to the carrier or to contact us does not affect your statutory claims or their enforcement, in particular your statutory rights in respect of defects. However, notifying us promptly helps us to assert our own claims against the carrier or transport insurer.

9. Liability for Defects and Customer Service

9.1 Statutory Rights in Respect of Defects

Unless expressly agreed otherwise below, the statutory provisions governing liability for defects apply.

The limitations and reductions of limitation periods set out below do not apply to claims arising from damage caused by us, our legal representatives or agents:

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraudulent concealment
• in the event of a breach of essential contractual obligations
• within the scope of a guarantee commitment, where such a commitment has been agreed in an individual case
• where the German Product Liability Act applies

Limitations for Entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions incorporated into the contract shall constitute an agreement regarding the quality of the goods. We assume no liability for public statements made by the manufacturer or other advertising statements, unless mandatory statutory provisions provide otherwise.

For entrepreneurs, the limitation period for claims relating to defects in newly manufactured goods is one year from the transfer of risk.

The statutory provisions governing recourse within the supply chain, in particular Sections 445a and 445b of the German Civil Code (BGB), remain unaffected.

Provisions Applicable to Merchants

If the purchase constitutes a commercial transaction for both parties, the inspection and notification obligations pursuant to Section 377 of the German Commercial Code (HGB) apply. If the purchaser fails to give the notification required under Section 377 HGB, the goods shall be deemed approved in accordance with that provision. This does not apply if we have fraudulently concealed the defect.

9.2 Statutory Legal Guarantee and Voluntary Commercial Guarantee

CS Bewässerungssysteme GmbH currently does not provide any additional voluntary commercial guarantee. Your statutory rights in respect of defects remain unaffected.

9.3 Customer Service

For questions, complaints and claims, you can contact us by telephone at +49 6164 6429717 or by email at info@cs-wss.com .

10. Liability

We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or agents:

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the event of guarantee commitments, where agreed in an individual case
• where the German Product Liability Act applies

In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the amount of damage foreseeable at the time the contract was concluded and which is typically expected to occur.

Otherwise, claims for damages are excluded.

11. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered place of business shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.