Last Update: 12/23
- APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
1.1. waterdrop® Microdrink GmbH is a limited liability company with its registered office in Vienna and its business address at Erika-Krenn Promenade 15, 1100 Vienna, registered in the Commercial Register of the Commercial Court of Vienna under FN 449685b ("waterdrop®") and operates an online shop among others on the following websites: https://en.waterdrop.com/ and https://eu.waterdrop.com/
These General Terms and Conditions ("T&Cs") apply to all orders placed by the customer (the "Customer") (waterdrop® and the Customer together referred to as the "Parties") via the aforementioned online shops of waterdrop®, in the version valid at the time of the order.
1.2. These T&Cs apply to both consumers and entrepreneurs within the meaning of the Austrian Consumer Protection Act ("KSchG").
1.3. waterdrop® expressly rejects any deviating general terms and conditions of the Customer. Deviations from these T&Cs, supplementary agreements or any conflicting terms and conditions of the Customer are only effective if they are confirmed in writing by waterdrop®.
- Consumers: Insofar as these T&Cs refer to "consumers", these are natural persons for whom the purpose of ordering goods from the online shop cannot be attributed to a commercial, self-employed or freelance activity, i.e. a transaction does not form part of their business operation.
Entrepreneur: Where these T&Cs refer to “entrepreneurs”, these shall be defined as natural or legal persons or legal partnerships for which the contract or agreement in question forms part of their business operations.
The distinction between a consumer and an entrepreneur is made in accordance with the KSchG. Customer: refers to any user who purchases a product via the Website and/or has a personal account on the Website.
- Order: refers to the process by which the Customer selects the products they wish to purchase and have delivered. An order is completed when the Customer has selected the products to be delivered and the delivery options and has paid the amount due.Once the order has been finalised, it will be accepted by waterdrop®, which will despatch the ordered products in accordance with the terms of these T&Cs.
- Parties to the present agreement: refers jointly to waterdrop® and the users of the Website.
- Products: refers to the products on sale on the Website.
1.5. The provisions of these T&Cs may be amended by waterdrop® at any time without reason, in particular to take account of statutory, legal and/or technical developments. The version of the T&Cs applicable to an order and the conclusion of the contract is the version published on the website at the time the order is placed.
Each new order requires acceptance of the T&Cs by the Customer. In the event of changes to these T&Cs, the version published on the website at the time of the respective order shall apply.
1.6. waterdrop® shall communicate changes to these T&Cs to subscription Customers at least 30 days before they come into force by sending the wording of the contract to the last e-mail address provided by the Customer. If the Customer does not object to the changes in writing by e-mail to firstname.lastname@example.org within 30 days of receipt of the aforementioned communication, the changes shall be deemed accepted. In the event of a timely objection by a Customer, the contractual relationship between such Customer and waterdrop® shall continue to exist in accordance with the T&Cs in the version prior to the announced change.
waterdrop® makes every effort to ensure that the product photos correspond as closely as possible to the products actually delivered to the Customer (in particular the colour of the products).
Nevertheless, waterdrop® cannot guarantee that the products exactly correspond to the photos, in particular due to the technical limitations of providing the photos on the website.
In the event of changes to the packaging of waterdrop® products, the Customer may receive products in packaging that does not correspond to the photos of the packaging on the waterdrop® website.
CONCLUSION OF CONTRACT
3.1. The product descriptions contained in the waterdrop® online shop of do not constitute binding offers on the part of waterdrop® but serve the Customer so they can submit a binding offer.
3.2. To place an order, the Customer selects the products of their choice on the website and places them in the virtual shopping basket without obligation.
3.3. If the Customer so wishes, he can create a personal account which will enable him in particular to follow the progress of his orders on the website and to find the corresponding confirmations and invoices.
3.4. Any offers made by waterdrop® to conclude a contract are subject to change and are non-binding and merely represent an invitation to the Customer to place an order. Immediately before the order is placed, waterdrop® displays to the Customer the goods included in the order in the shopping basket. At this point the Customer has the opportunity to correct their entry and remove any input errors.
3.5. By clicking on the "Order now" button, the Customer submits a binding offer to conclude a contract with waterdrop®.
Acceptance of this offer and thus the conclusion of the contract takes place by waterdrop® sending an order confirmation to the Customer by e-mail to the e-mail address provided by the Customer. waterdrop® reserves the right to request proof of the Customer’s identity and creditworthiness before accepting an order.
3.6. Customers who are entrepreneurs also have the option of placing their order by telephone, e-mail, order form or by direct sales as well as via https://unternehmen.waterdrop.com/. By placing an order by telephone, e-mail, order form, direct sale or by clicking on the "Order now" button, the Customer is submitting a binding offer to conclude a contract with waterdrop®. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the Customer by e-mail to the e-mail address provided by the Customer.
3.7. As soon as the order has been completed, waterdrop® will send the Customer an invoice by e-mail to the e-mail address provided when the order was placed. The Customer is advised to save or print out the invoice and keep it in a safe place.
3.8. The respective contractual language depends on the language of the website from which the Customer purchases the products.
3.9. waterdrop® undertakes to fulfil confirmed orders while stocks last. If one or more products are not available after the order has been placed, the Customer shall be notified by e-mail. The Customer then has the choice of accepting a refund for the unavailable products or accepting the delivery when the products in question are back in stock (unless they are permanently removed from the waterdrop® inventory).
3.10. waterdrop® may change the range of products offered for sale on the website at any time without this affecting the orders placed by the Customer.
PRICES AND PAYMENT TERMS
4.1. The prices stated on the website include statutory VAT. The shipping costs are not included in the indicated price but are shown separately.
4.2. The following applies to entrepreneurs: Shipping costs are subject to individual agreement. If shipping costs are incurred for an order, these shall be shown separately.
4.3. The seller reserves the right to change the prices of the products sold on the website at any time (for subscription contracts, see clause 6). The seller shall invoice the buyer for the product on the basis of the price applicable at the time the order is placed.
4.4. For Customers who are entrepreneurs, the prices on https://unternehmen.waterdrop.com/ are shown exclusive of VAT and invoice payment can be made. If invoice payment is possible, payment must be made within 14 days of receipt of the invoice. For all other payment methods, payment must be made in advance without deductions.
4.5. In the event of late payment by the Customer, waterdrop® is entitled to charge interest on arrears at a rate of 4% p.a. from the respective due date. If the Customer is an entrepreneur, in the event of default in payment by the Customer default interest in the amount of 9.2% p.a. above the base interest rate last published by the European Central Bank shall be charged from the respective due date.
4.6. Furthermore, in the event of default of payment, the Customer undertakes to reimburse waterdrop® for any reminder and collection charges incurred, insofar as they are necessary for the appropriate legal proceedings and are in reasonable proportion to the claim being pursued. The assertion of further rights and claims thereby remains unaffected.
4.7. Payment can be made using one of the methods listed in the waterdrop® online shop.
For payments by PayPal, the general terms and conditions of PayPal apply, available at: https://www.paypal.com/us/legalhub/useragreement-full?locale.x=en_US
By accepting these terms and conditions, the Customer also agrees to be bound by PayPal's General Terms and Conditions, which are available at the above address.
These can only be changed by PayPal. waterdrop® cannot under any circumstances change PayPal's General Terms and Conditions, a provider over which Waterdrop has no control.
In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, waterdrop® offers the following payment options. Payment is made to Klarna in each case:
Purchase on account: The terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/en-GB/payin30bycard
Purchase in instalments: Customers can use the Klarna financing service to pay for their purchase in fixed or flexible monthly instalments according to the terms specified at checkout.
Payment by instalments is due at the end of each month after Klarna has sent a monthly invoice.
Further information on instalment purchase, including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available, are available at the following https://cdn.klarna.com/1.0/shared/content/legal/terms/en-GB/paylaterin3 A positive credit check is a prerequisite for payment by invoice and purchase by instalments. To this end, waterdrop® forwards customer data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract.
Customers can pay with Google Pay during the ordering process.
To do so, the Customer must confirm payment via the "Google Pay" mobile app on a supported device in compliance with verification steps.
Google Pay uses the payment data stored by the Customer in the app for the transaction.
Further information can be found at the following address: https://support.google.com/pay/merchants/answer/6345242?hl=de
Customers can pay with Apple Pay during the ordering process.
To do so, the Customer must confirm the payment via the "Apple Pay" service on a supported Apple device in compliance with verification steps.
Apple Pay uses payment data stored by the Customer in the Apple Wallet app for the transaction.
Further information can be found at the following address: https://www.apple.com/apple-pay/#:~:text=When%20you%20pay%20online%20in,be%20tied%20back%20to%20you.
If the payment method "Amazon Payments" is selected, payment is processed through the payment service provider Amazon Payments Europe s.c.a., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.com/help/201212430
If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the order process. In such case, waterdrop® declares acceptance of the Customer's offer the moment the Customer initiates the payment process by clicking the button that concludes the order process.
TERMS OF DELIVERY
5.1. The ordered goods shall be shipped to the delivery address specified by the Customer using a customary shipping method at the discretion of waterdrop®.
5.2. The shipping dates communicated by us are approximate dates and may vary by up to two working days, unless an exact date has been expressly agreed.
5.3. Unless a delivery period for the products is specified on the Website, waterdrop® undertakes to deliver the products within a maximum of 30 (thirty) days from the order confirmation e-mail sent by waterdrop® to the Customer. In such case, the products in question shall be delivered within the time limit indicated on the website, of which the Customer is reminded at the time of ordering.
5.4. In the event of a delay in delivery, the buyer shall be informed by e-mail of this delay and the possible impact on the stated delivery time.
5.5. The shipping costs are indicated on the website during the order process, including all taxes, and must be accepted by the Customer when confirming the order. The cost of despatching the goods to the delivery address specified by the customer will be charged in addition to the price of the goods.It is expressly noted that delivery costs may vary depending on the delivery area of the products.
5.6. The goods are despatched at the Customer's own risk. If the Customer is a consumer, the risk of loss or damage to the goods shall only pass to the Customer upon delivery of the goods to the Customer or to a third party designated by the Customer. If the Customer is a consumer and has concluded the contract of carriage himself without thereby using a shipping method proposed by waterdrop®, the risk shall pass to the carrier as soon as the goods are handed over.
6.1. The following provisions shall apply to subscriptions, insofar as waterdrop® offers them in the online shop:
6.2. If you take out a subscription, you will receive recurring deliveries of the products you have selected. The frequency of deliveries depends on the frequency you have selected for your subscription. There is no minimum order quantity. If a certain order quantity is exceeded, you will receive a discount. The exact regulations can be found in the respective FAQs on the website.
6.3. Subscription fees are generally due in advance (before the respective delivery).
Shipping costs are indicated in addition to the product price on the Website during the order process and must be accepted by the Customer when confirming the order.
If we are unable to process your subscription order using the payment method you specified when placing the order and no other payment method is notified within a reasonable period of time following a request to do so, your subscription will be cancelled.
6.4. The subscription is concluded for an indefinite period. If you wish to cancel or change your subscription, you can do so at any time. You can do so directly in the customer portal (either via your waterdrop® Club account or via the links to the customer portal contained in your order confirmation e-mails). Any cancellation or change to the subscription will take effect for the next delivery cycle. If a subscription product is not available on the planned delivery date, you will be informed by e-mail and have the option of waiting until the product is available again, cancelling or changing the subscription for this product.
6.5. waterdrop® is entitled to cancel the subscription at any time for good cause, in particular in the event of fraud or misuse, repeated default of payment or discontinuation of the entire offer or of individual products.
6.6. waterdrop® is authorised to adjust the price of the ordered products at its reasonable discretion during the subscription period. An adjustment is made in response to cost increases or decreases that are based on external circumstances beyond the control of the company (including, in particular, changes in legislation, changes in the costs of manufacturers, suppliers, shipping providers, external service providers or subcontractors, changes in production and licensing costs, as well as general and significant changes in costs due to economic inflation or deflation). You will be informed in good time of any upcoming price changes to your subscription by e-mail before the next delivery cycle.You can object to the upcoming price change by cancelling your subscription before the deadline stated in such e-mail. Otherwise, the announced price changes shall be deemed to have been accepted by you.
6.7. waterdrop® will communicate changes to these T&Cs to subscription Customers at least 30 days before they come into effect by sending the wording of the contract to the last e-mail address provided by the Customer. If the Customer does not object to the changes in writing by e-mail to email@example.com within 30 days of receipt of the aforementioned communication, the changes shall be deemed accepted. In the event of a timely objection by a Customer, the contractual relationship between such Customer and waterdrop® shall continue to exist in accordance with the T&Cs in the version prior to the announced amendment.
EXCLUSION OF SET-OFF
7.1. The Customer is not entitled to offset counterclaims against claims by waterdrop®. However, this shall not apply in the event of waterdrop® becoming insolvent or if counterclaims that are legally related to a claim by waterdrop® have been established by a court of law or have been recognised by waterdrop®.
RETENTION OF TITLE
8.1. The goods remain the property of waterdrop® until full payment has been received. A resale prior to the transfer of ownership is only permitted if waterdrop® has been notified of this in advance and in good time, stating the name or company and the exact (business) address of the next buyer, and if waterdrop® consents to the sale. If waterdrop® grants its consent, the purchase price claim shall be deemed assigned to waterdrop® and waterdrop® shall be entitled to inform the Buyer of such assignment at any time.
9.1. Statutory warranty provisions apply.
9.2 The warranty is excluded for defects caused by the Customer. This is particularly the case in the event of improper handling.
9.3. If the Customer is an entrepreneur, clauses 9.1. and 9.2. of these T&Cs shall apply with the following deviations:
9.3.1. It is the Customer's responsibility to inspect any defects to the goods immediately upon receipt. Any defects found must also be reported to waterdrop® in writing without delay, at the latest within 5 days of receipt – unless a different period has been expressly agreed – with a description of the defect. Hidden defects must be reported immediately upon discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved and accepted, whereby the assertion of warranty claims and claims for damages as well as the right to challenge errors due to defects shall be excluded. The presumption regulation of Section 924 of the Austrian Civil Code (ABGB) is excluded.
9.3.2. waterdrop® reserves the right to fulfil the warranty claim at its discretion through repair, replacement, price reduction or cancellation.
RIGHT OF CANCELLATION FOR CONSUMERS
Customers who are consumers within the meaning of the Consumer Protection Act are entitled to the following right of cancellation:
10.1. The Customer has the right to cancel the contract within fourteen days without reason.
10.2. The cancellation period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the goods; or (for subscription contracts) from the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the first goods delivery.
10.3. To exercise the right of cancellation, the Customer must notify waterdrop® at firstname.lastname@example.org or waterdrop® Microdrink GmbH, Erika-Krenn Promenade 15, 1100 Vienna of the cancellation of the contract by means of a clear declaration (e.g. by means of a letter sent by post or by e-mail). The Customer can use the sample cancellation form below for to cancel the contract, however this is not mandatory. The Customer can submit the sample cancellation form or another clear declaration.
If the Customer makes use of this option, waterdrop® shall immediately send him (e.g. by e-mail) a confirmation of receipt of such a cancellation.
10.4. To meet the cancellation deadline, it is sufficient for the Customer to send notification of the exercise of the right of cancellation before the cancellation period expires.
10.5. If the Customer cancels the contract, waterdrop® shall reimburse the Customer for all payments that waterdrop® has received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer having chosen a type of delivery other than the cheapest standard delivery offered by waterdrop®), immediately and at the latest within fourteen days from the day on which waterdrop® receives notification of the cancellation of the contract. For such reimbursement, waterdrop® shall use the same payment method that the Customer used for the original transaction, unless otherwise expressly agreed with the Customer; in no case will the Customer be charged any fees for such repayment.
10.6. waterdrop® may refuse repayment until waterdrop® has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is earlier.
10.7. The Customer must return or hand over the goods to waterdrop® immediately and in any case no later than fourteen days from the day on which the Customer notifies waterdrop® of the cancellation of this contract, to the following address:
Prologis Logistics Centre
waterdrop fulfilment s.r.o
Prologis - D1 building
The deadline shall be deemed met if the Customer sends the goods before the period of fourteen days has expired.
10.8. The Customer shall bear the direct costs of returning the goods.
10.9. The Customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
10.10. Exceptions to the right of cancellation:
There is no right of cancellation for goods that are manufactured according to customer specifications or are clearly custom made to personal requirements.Furthermore, there is no right of cancellation for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, insofar as the seal has been removed after delivery. For example, goods in a 12 pack can no longer be returned once the seal has been opened or removed, nor drops once the individual packaging has been opened. Furthermore, bottles that have already been used can no longer be returned.
10.11. Sample cancellation form
If you wish to withdraw from the contract, you can use this template by copying the text, filling in your details and sending it to waterdrop®:
To waterdrop® Microdrink GmbH, Erika-Krenn Promenade 15, 1100 Vienna, e-mail: email@example.com
I/we (*) hereby revoke
- the contract concluded by me/us (*) concerning
- the purchase of the following goods
- Ordered on
- Name of the consumer(s)
- Address of the consumer(s)
(*) Delete as appropriate
LIMITATION OF LIABILITY
11.1. waterdrop® shall be liable to Customers if damage has been caused wilfully or through gross negligence. In the event of slight negligence, waterdrop® shall only be liable in the event of a breach of material contractual obligations, with the exception of personal injury. In such cases, however, the amount shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract.
11.2. To the extent permitted by law, the liability of waterdrop® towards Customers who are entrepreneurs is limited to the purchase price of the products purchased by them.
11.3. waterdrop® excludes any liability to Customers who are entrepreneurs for indirect damage, loss of profit, loss of interest, failure to make savings, consequential damage and financial loss or damage arising from third-party claims.
11.4. Under no circumstances shall waterdrop® be responsible for force majeure, labour disputes, natural disasters or other circumstances beyond the control of waterdrop® or reasons for which waterdrop® is not responsible and which delay the fulfilment of a contract.
11.5. If the Customer is an entrepreneur, claims for damages can only be asserted in court within six months of becoming aware of the damage and the party causing the damage, however at the latest within three years of the event which has given rise to the claim.
11.6. The following applies to orders for which the Customer wishes to make personalised, customised adjustments to the goods:
The Customer is solely responsible for the content of the customisation chosen by him. The customisation is not checked by waterdrop® for errors (design, grammar, positioning, size, image quality, etc.). The Customer undertakes not to use any (text) content that infringes the rights of third parties or otherwise violates applicable law. This applies in particular to content that infringes third-party trademarks or copyrights, contains criminally sanctioned, defamatory statements and any other content that is prohibited under criminal law. The use of content that is pornographic, extremist, glorifies violence, incites violence or offends common decency is prohibited. waterdrop® shall not be liable for any corresponding offences committed by the Customer.The Customer shall indemnify waterdrop® against all possible claims which could result from a breach of the above-mentioned obligations, in particular claims for damages.
DATA PROTECTION PROVISIONS
The data protection provisions of waterdrop® apply to all Customers.They are available on the Website under https://en.waterdrop.com/pages/privacy-policy-uk.
APPLICABLE LAW AND JURISDICTION
13.1 Austrian law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the rules of conflict of international private law. This choice of law shall only apply to consumers insofar as they are not deprived of the protection afforded by the mandatory provisions of the law of the country of the consumer's usual residence.
13.2. For all disputes arising from or in connection with these T&Cs or all legal relationships between waterdrop® and its Customers, the contracting Parties agree to the exclusive jurisdiction of the relevant court in Vienna. For all actions brought due to disputes arising from the contractual relationship against a consumer who has his domicile, habitual residence or place of employment in Austria, one of the courts in whose district the Customer has his domicile, habitual residence or place of employment shall have jurisdiction. For consumers who are not residing in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply.
13.3. waterdrop® refers to the European ODR platform for the out-of-court online settlement of disputes between consumers and traders, which is accessible at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng
SPECIAL PROVISIONS FOR ENTREPRENEURS
The following applies to Customers who are entrepreneurs:
14.1 Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a valid provision that is legally valid and comes closest to the economic purpose of the legally invalid provision.
14.2. The resale of goods purchased from waterdrop® is only permitted within entrepreneur's normal business premises (offline) and within the scope of normal commercial activity to private customers (consumers) for their own consumption.
15.1. Amendments, supplements and ancillary agreements to these T&Cs must be made in writing to be effective. This also applies to the agreement to deviate from this formal requirement. In the event of contradictions between these T&Cs and deviating written agreements between the contracting Parties, the provisions of the deviating agreements shall take precedence.
For Customers who are consumers, the following applies:
16.1. Registration: You can register with waterdrop® Club at any time and create a free account. There are no fees. Registration is possible from the age of 18.
Each user may only create one account.
16.2. Benefits: Members can collect points and redeem them for rewards such as unique and high-quality accessories when placing orders. As a member, you will receive exclusive offers and benefits such as club-only vouchers and are regularly informed about new products before anyone else. You can also take part in unique competitions and challenges. The account also allows members to manage their addresses and view their purchase and order history.
16.3. Points: You receive 10 points for every €1 spent. Points are activated within 10 days of a purchase. You can also collect points with other activities, for example when you recommend waterdrop® to a friend or leave a review on our homepage or on Reviews.io. The number of recommendations to friends is limited to 5 recommendations per month, points for further recommendations expire. Your friends can save €10 on their first order. However, this only applies to new customers and for orders over €35. Individual voucher codes and links may not under any circumstances be distributed on third-party platforms. To be able to redeem points for rewards when placing an order, at least one item must be placed in the shopping basket and purchased.
The number of rewards is limited to 5 per order. All accumulated points expire if no new order has been placed via the corresponding account for one year (12 months).
Cash redemption of points is not possible.
16.4. Use: Points collected on a purchase will be cancelled if the purchased products are returned. Points will also be cancelled in the event of an incorrect booking or misuse. We also reserve the right to block accounts, withdraw all points and cancel orders in the event of the violation of these rules and in the event of abuse. In such cases, there is no entitlement to cash redemption of points or compensation.
16.6. Termination of your membership:
You can cancel your membership at any time, free of charge and without reason by sending an e-mail to firstname.lastname@example.org. In such case, your account will be deleted, and you will no longer enjoy its benefits. You can also separately revoke your consent to being contacted via the unsubscribe link in the respective message. In such case, your membership of the waterdrop® Club will be maintained and your account will remain active. You can continue to collect points for shopping and selected other activities and redeem them on orders, as well as manage your addresses and view your purchase and order history.