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1. Scope
These Terms of Use govern access to and use of the website, the online store, and all related features, content, and digital services provided by Dropvital.
For contracts regarding products, only the currently valid General Terms and Conditions (GTC) apply. In the event of any conflicts, the GTC shall prevail.
This website is intended for customers in Switzerland and the European Union.
2. Provider
Dropvital AG
Landstrasse 170
LI-9494 Schaan
Email: info@dropvital.com
Telefon: +49 8093 6069370
3. Access to the Website
Use of the website is generally possible without registration. Creating a customer account may be required for certain features.
Users are required to provide accurate and complete information during registration and to keep their login credentials confidential.
Dropvital reserves the right to suspend or delete user accounts in the event of misuse.
4. Conclusion of a Contract in the Online Store
The presentation of products does not constitute a binding offer, but rather an invitation to place an order.
The purchase contract is concluded exclusively in accordance with the Terms and Conditions.
5. Prices and Payment Processing
The prices listed in the online store at the time of the order apply.
For customers in the EU, prices are shown inclusive of applicable value-added tax (VAT) based on the country of delivery.
Payment processing may be handled by external payment service providers. Their terms of use also apply.
6. Shipping and Delivery
Information regarding shipping and delivery is set forth in the Terms and Conditions.
Delivery times are non-binding estimates unless expressly confirmed as binding.
7. Intellectual Property
All content on this website, including but not limited to text, images, graphics, logos, trademarks, product names, designs, videos, and technical illustrations, is protected by copyright.
Reproduction, distribution, public disclosure, or any other use is not permitted without the prior written consent of Dropvital.
The Dropvital trademark is protected.
8. Technical Availability
Dropvital strives to ensure that the website is available with as few interruptions as possible. However, continuous availability cannot be guaranteed.
Maintenance work, security updates, or technical malfunctions may result in temporary restrictions.
9. Liability
Dropvital’s liability is governed by the mandatory legal provisions of Switzerland and the European Union.
To the extent permitted by law, liability for slight negligence is excluded.
Liability for damages resulting from injury to life, limb, or health remains unaffected.
Dropvital is not liable for damages resulting from improper use of the products.
10. External Links
This website may contain links to third-party websites. Dropvital has no influence over their content and assumes no responsibility for external content.
11. Data Protection
The processing of personal data is carried out in accordance with Dropvital’s Privacy Policy and applicable data protection laws, in particular:
– Swiss Data Protection Act (DSG)
– EU General Data Protection Regulation (GDPR)
12. Consumer Rights in the EU
Consumers residing in the European Union have statutory rights, in particular:
– Right of withdrawal under the EU Consumer Rights Directive
– Warranty rights under national law
These rights are not restricted by these Terms of Use.
13. Governing Law and Jurisdiction
For customers residing in Switzerland, Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers residing in the EU, the law of the country of their habitual residence applies, to the extent required by mandatory consumer protection regulations.
The place of jurisdiction for business customers is Dropvital’s registered office.
Note: For sales contracts for products, the choice-of-law and jurisdiction provisions in the General Terms and Conditions (Part B) take precedence.
14. Changes to the Terms of Use
Dropvital reserves the right to update these Terms of Use at any time. The version currently published on the website is the authoritative one.
Dropvital AG
Registered Office: Liechtenstein
§1 Scope
(1) These General Terms and Conditions (hereinafter “GTC”) of Dropvital AG (hereinafter “Dropvital”) apply to all contracts for the delivery of goods and the associated provision of services to the customer by Dropvital, unless otherwise expressly agreed.
(2) These GTC generally apply to contracts with consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
(3) These General Terms and Conditions apply exclusively. The inclusion of any terms and conditions of the customer that conflict with, supplement, or deviate from these General Terms and Conditions is hereby expressly rejected. Such terms and conditions shall not apply even if Dropvital carries out the delivery or service with knowledge of them without raising a separate objection.
(4) These General Terms and Conditions, in their currently valid version, also apply to future transactions between Dropvital and the customer, unless a different written agreement is reached in individual cases.
§2 Rights to Documents
(1) Offers, cost estimates, calculations, and all other documents prepared or provided by Dropvital remain the property of Dropvital and may not be made available to third parties, reproduced, or utilized without prior written consent.
(2) All copyrights, patents, inventors’ rights, and other intellectual property rights in samples, fixtures, tools, drawings, designs, calculations, and plans produced by Dropvital are exclusively vested in Dropvital. Disclosure to third parties is permitted only if Dropvital has expressly consented in writing in advance; such consent must be in writing.
(3) The provision of the aforementioned items or documents does not entail any transfer of rights or the granting of a license to use them.
§3 Additional Obligations of the Customer
(1) The customer is obligated to inform Dropvital immediately of all binding legal, regulatory, or other mandatory provisions applicable at the customer’s place of residence or at the destination of the goods known to the customer, provided that such provisions conflict with the terms of this contract or may impair the performance of this contract.
(2) The customer undertakes to support Dropvital to the extent necessary if, in the course of fulfilling the contract, measures must be taken in the customer’s country or at the known destination of the goods.
§4 Conclusion of the Contract
(1) The presentation of products and services does not constitute a legally binding offer, but rather a non-binding invitation to place an order. This also applies if Dropvital provides pro forma invoices or similar statements at the customer’s request.
(2) The contract is not concluded until Dropvital issues a written order confirmation or the goods are shipped. For larger orders, intermediaries, or similar situations, an advance payment of at least 50% of the order value may be required. For individual orders in the B2C sector, payment of 100% in advance is generally required. Production and delivery always take place only after these payment obligations have been fully met.
(3) An offer submitted by the customer is binding for a period of two weeks from the date of receipt by Dropvital. This does not apply if the customer has expressly reserved the right to revoke the offer in writing.
§5 Scope of the Contract
(1) The scope of the service contractually owed is set forth in the respective order confirmation. In the absence of an express agreement, the service is determined by the customary intended use of goods of the same type. A specific intended use specified by the customer is only decisive if it was expressly communicated to Dropvital in writing prior to the conclusion of the contract and confirmed in writing by Dropvital.
(2) The subject matter of the contract is deemed to be in compliance with the contract provided that it meets the legal requirements at Dropvital’s place of business. Dropvital is liable for compliance with statutory or regulatory requirements at the customer’s place of residence, at the destination of the goods, or in a third country only if an express written commitment to this effect has been provided and the customer has duly fulfilled its obligations to cooperate, in particular as set forth in §3. The customer is generally responsible for obtaining any necessary approvals.
(3) Technical specifications such as weight and dimensional data, descriptions of performance and characteristics, as well as illustrations, drawings, or other documents do not constitute a guarantee of quality. Certain characteristics are considered guaranteed only if a separate written agreement has been made to that effect; the written guarantee statement shall be decisive.
(4) Any documentation is generally provided in German. The obligation to provide documentation in another language requires an express written agreement.
(5) Subsequent changes or adjustments to the services owed by Dropvital are permitted, provided they are customary in the trade or technically necessary and do not unreasonably disadvantage the customer.
(6) In addition to the statutory warranty, Dropvital grants the following voluntary manufacturer’s warranties:
The warranty covers exclusively material and manufacturing defects under proper use and regular maintenance. A prerequisite for claiming the warranty is compliance with the prescribed maintenance intervals in accordance with the manufacturer’s specifications.
There is no further warranty, in particular for installation, removal, or consequential costs.
This voluntary manufacturer’s warranty applies in addition to the statutory warranty and does not limit it in any way.
§6 Delivery Time; Force Majeure; Partial Delivery; Failure to Meet the Delivery Deadline
(1) Unless otherwise agreed in writing in individual cases, delivery times are considered non-binding estimates. Dropvital will notify the customer of the actual delivery date in writing with reasonable advance notice, typically two weeks. Subject to paragraphs 2, 3, 5, and 6 below, the specific delivery date to be communicated may deviate by no more than two weeks from the aforementioned non-binding delivery period.
(2) The start of a delivery period is contingent upon all technical details having been conclusively clarified. The delivery period does not begin until the customer has fully fulfilled its obligations to cooperate in this regard.
(3) If the customer has agreed to make an advance payment, particularly in the form of a down payment or proof of financing, the delivery period shall not begin until these obligations have been fully fulfilled.
(4) Dropvital is entitled to raise the defense of non-performance of the contract as long as the customer has not fulfilled its contractual obligations.
(5) Agreed delivery periods are subject to proper and timely delivery to Dropvital by its suppliers.
(6) In the event of force majeure—in particular natural disasters, floods, raw material shortages, terrorist acts, strikes, or comparable unforeseeable circumstances—the delivery period shall be extended accordingly. Dropvital shall immediately inform the customer of the occurrence and the expected duration of such an event. If an event of force majeure continues uninterrupted for more than six weeks or if the delivery date is delayed by a total of more than eight weeks as a result, the customer is entitled to withdraw from the contract. Further claims are excluded in the event of force majeure.
(7) Dropvital is entitled to make partial deliveries, provided that these are reasonable for the customer.
(8) Any claims for damages due to delays or failure to meet delivery deadlines are governed exclusively by §12 of these Terms and Conditions.
§7 Transfer of Risk
(1) The risk of accidental loss or accidental deterioration of the goods passes upon handover to the carrier commissioned by the customer
(FCA – Incoterms 2010). This applies only to businesses
(2) If the customer fails to accept the goods made ready for delivery at the agreed delivery time, the risk of accidental loss passes to the customer at that time. This applies only to businesses.
§8 Default of Acceptance; Damages Due to Delay
(1) If the customer is in default of acceptance or fails to accept the goods in a timely manner in accordance with §7, the customer shall owe Dropvital a lump-sum compensation of 0.5% of the order value or the value of the affected partial delivery for each week or portion thereof of the delay, up to a maximum of 5% of the order value or the value of the partial delivery.
(2) The customer reserves the right to prove that no damage or only minor damage was incurred. Dropvital retains the right to prove that the damage was greater.
§9 Prices; Terms of Payment
(1) All prices are net prices plus the applicable statutory value-added tax in effect at the time of delivery.
(2) Unless otherwise agreed, payments must be made in euros; alternatively, payment may be made in Swiss francs or U.S. dollars, provided this has been agreed upon. If payment in these currencies is not legally or practically possible, payment must be made in the currency applicable at the customer’s place of business, with the invoice value in euros at the time of due date being decisive. If this is also not possible, payment must be made in a suitable third currency.
(3) All additional costs, in particular those for payment processing, transportation, import and export duties, or official fees, shall be borne by the customer.
(4) Unless otherwise agreed in writing, prices are ex works.
(5) A right to a discount exists only if expressly agreed in writing.
(6) Payments must be made at Dropvital’s headquarters in Liechtenstein. All costs and risks associated with the payment shall be borne by the customer.
(7) Unless otherwise expressly agreed in writing, payments are due within ten (10) days after the transfer of risk.
(8) If more than fourteen weeks elapse between the conclusion of the contract and the transfer of risk, and if this delay is not attributable to Dropvital, Dropvital is entitled to adjust the price in accordance with verifiably increased costs, in particular as a result of higher raw material prices.
§10 Notice of Defects; Exclusion of Warranty Rights
(1) The customer is obligated to carefully inspect the delivered goods for defects without delay, but no later than within ten (10) business days after the transfer of risk, and to notify Dropvital in writing of any defects discovered without delay, but no later than within three (3) business days after discovery. If the actual transfer of risk occurs before the agreed delivery date (§ 6, para. 1, sentence 2), the inspection period shall not begin to run until the agreed delivery date.
(2) Defects that were not detectable during the inspection pursuant to paragraph 1 must be reported in writing no later than three (3) business days after they are actually discovered.
(3) The notice of defects must be provided in writing and must contain a detailed description setting forth the alleged defects, their presumed causes, and their specific effects. Upon request by Dropvital, suitable evidence—in particular photographic documentation or comparable evidence—must be provided.
(4) If the foregoing obligations to inspect and give notice of defects are not complied with, the delivery shall be deemed accepted. In this case, warranty claims or claims for damages are excluded. This does not apply if a defect was fraudulently concealed or if the exclusion conflicts with an expressly agreed guarantee (Section 5, No. 3).
(5) The customer shall bear all costs incurred by Dropvital as a result of unjustified notices of defects.
(6) The time limits specified in paragraphs 1 and 2 shall not begin to run until the documentation owed by Dropvital has been made available to the customer in full.
(7) If defects are not reported within two years of actual delivery, the corresponding rights arising from defects are excluded. This applies only to businesses.
(8) The customer is entitled to a voluntary money-back guarantee as follows:
The money-back guarantee covers 100% of the product cost only. Installation, disassembly, or removal costs are expressly excluded from this.
(9) In the event of dissatisfaction of any kind, the invoiced product costs may be refunded, less installation costs, used cartridges, and any discounts granted. The costs for disassembly or removal are to be borne by the customer and are not covered by the money-back guarantee.
(10) If verifiable limescale protection is detected in residential systems, the right to the money-back guarantee is completely forfeited. Verification is performed using appropriate technical testing methods, in particular through evaporation and TOC/COD analysis.
(11) If the systems are not maintained in accordance with the specified maintenance intervals, all warranty claims shall be void. If measurable differences are detected during technical analyses, limescale protection shall be deemed to have been achieved; in this case, no warranty claim shall exist.
(12) If installation is performed by a third party, that party is obligated to provide Dropvital with the relevant customer data. If this information is not provided, the installer assumes responsibility for ensuring that the customer performs maintenance properly in accordance with the manufacturer’s specifications. Dropvital excludes all liability if the annual maintenance of the home system or the prescribed maintenance of the drinking water filter, as indicated by an audible signal, is not performed.
(13) Sales partners act independently and receive a share of sales revenue. They bear full responsibility for the proper fulfillment and handling of warranty claims with respect to their customers. Dropvital is not liable for warranty obligations or representations made independently by sales partners.
(14) Dropvital assumes no liability for the functionality, condition, or any defects in existing installations, lines, or connections. Dropvital’s responsibility is limited exclusively to the delivered components and their proper integration within the scope of the respective project.
§11 Buyer’s Rights in the Event of Breach of Duty (Warranty Claims); Statute of Limitations; Relationship to Damages
(1) In the event of non-conforming performance by Dropvital—that is, if the actual performance deviates from the performance contractually owed—the customer’s rights shall be governed by the following provisions.
(2) First, the customer is entitled to demand subsequent performance within a reasonable period. Dropvital shall have the right to choose between repair or replacement. The customer must grant Dropvital or its authorized third parties access to the goods and provide all necessary cooperation. Dropvital shall bear the costs of subsequent performance, except for any additional costs incurred by transporting the goods to a destination other than the original one.
(3) If the remedy is not provided within a reasonable period or does not result in the goods being free of defects, the customer is entitled to a reasonable reduction in the purchase price.
(4) The customer may rescind the contract if
a) there is a material breach of contract and
b) the remedy is not provided within a reasonable period or proves unsuccessful.
The condition under subparagraph (b) does not apply if the breach of contract is material and subsequent performance is unreasonable for the customer or obviously futile.
(5) The customer is also entitled to withdraw from the contract if Dropvital fails to make the delivery despite a reasonable grace period—which shall generally be at least two weeks—in the event of a delay. Section 6(6) applies accordingly.
(6) The customer must assert their rights under paragraphs 2–5 within a reasonable period and request Dropvital in writing to take the necessary measures.
(7) If the breach of duty relates only to a part of the delivery, the claims are limited to that part, unless there is a material breach of contract as a whole.
(8) Warranty claims
For consumers, the statutory limitation periods pursuant to §21 of these General Terms and Conditions apply.
(9) Cancellation of the contract or a replacement delivery requires that the customer be able to return the goods received essentially in their original condition.
(10) Claims arising from improper use or failure to follow operating or maintenance instructions are excluded.
(11) The provisions in paragraph 4 apply mutatis mutandis to claims for damages due to defects, subject to §12.
§12 Liability
(1) Dropvital is liable in accordance with statutory provisions for damages resulting from injury to life, limb, or health.
(2) Liability under applicable product liability law remains unaffected.
(3) If Dropvital assumes a contractual warranty, it is liable within the scope of the respective warranty statement.
(4) Dropvital bears unlimited liability for damages caused intentionally or through gross negligence.
(5) In cases of gross negligence, liability is limited to three times the value of the respective order. If this amount is less than 25,000 EUR, liability for proven damages is limited to a maximum of 25,000 EUR.
(6) Liability for other negligent breaches of duty or damages arising regardless of fault is excluded to the extent permitted by law.
§13 Set-off; Right of Retention
(1) The customer may set off claims only against undisputed or legally enforceable claims.
(2) Paragraph 1 applies mutatis mutandis to the exercise of a right of retention.
§14 Retention of Title
(1) The delivered goods remain the property of Dropvital until all claims have been paid in full.
(2) The customer is obligated to insure the goods subject to retention of title adequately against fire, water, and theft at their own expense.
§15 Governing Law
(1) The law of the Principality of Liechtenstein applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) Mandatory consumer protection provisions of the country in which the customer has his or her habitual residence remain unaffected.
(3) Paragraph 1 applies mutatis mutandis to non-contractual claims.
§16 Jurisdiction
(1) For consumers, the statutory places of jurisdiction apply. Consumers may assert claims at the court of their place of residence.
(2) For actions brought by Dropvital against consumers, the place of jurisdiction is the consumer’s place of residence.
(3) For business customers, the exclusive place of jurisdiction is Vaduz, Liechtenstein.
§17 Miscellaneous; Written Form
(1) All communications relating to this contract must be made in the language of the contract.
(2) The customer is not entitled to transfer rights or obligations under this contract, in whole or in part, to third parties without the prior written consent of Dropvital.
(3) Any amendments or additions to these Terms and Conditions, as well as any waiver of their application, must be made in writing. This also applies to any waiver of the written form requirement.
(4) Should individual provisions of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision. The same applies to any gaps in the provisions.
§18 Marketing and Communication Obligations
Dropvital’s distribution partners undertake to publish all current product and sales materials provided by Dropvital—in particular brochures, technical data sheets, and product descriptions—on their website immediately upon receipt and without modification, and to make them available to end customers. Changes, modifications, or editorial alterations to the content are not permitted without the express written consent of Dropvital.
The distribution partner must take special care to ensure that all information corresponds to Dropvital’s official documentation. In the event of a breach of these obligations, Dropvital reserves the right to terminate the distribution agreement without notice and to claim damages.
§19 Precedence of Mandatory Consumer Protection Laws
(1) If the customer is a consumer, the mandatory consumer protection laws of the country in which the customer has their habitual residence shall apply supplementarily and take precedence.
(2) To the extent that individual provisions of these General Terms and Conditions are incompatible with mandatory consumer law, the remaining provisions shall remain effective; the invalid provision shall be replaced by the applicable statutory provision.
§20 Transfer of Risk for Consumers
Notwithstanding §7, for consumers, the risk of accidental loss or accidental deterioration of the goods shall not pass until the goods are actually delivered to the consumer or to a person authorized to receive them on the consumer’s behalf.
§21 Warranty Period for Consumers
Notwithstanding §11(8), the statutory warranty period for consumers is two years from the date of delivery of the goods, unless mandatory statutory provisions provide for a longer period.
The voluntary manufacturer’s warranty remains unaffected by this provision.
§22 Obligation to Inspect and Give Notice of Defects for Consumers
The obligations to inspect and give notice of defects set forth in §10 do not constitute preclusive deadlines for consumers.
Consumers are asked to report any apparent defects as soon as possible to enable efficient processing. However, failure to report a defect does not result in the loss of statutory warranty rights.
§23 Default of Acceptance by Consumers
The provision in §8 applies to consumers only to the extent permitted by law. The consumer reserves the right to prove that no damage or only significantly less damage was incurred.
§24 Clarification Regarding the Money-Back Guarantee
The money-back guarantee set forth in §10, paras. 8–10, constitutes a voluntary additional benefit and exists independently of statutory rights of withdrawal or warranty.
§ Product-Specific Note
(1) The products offered by Dropvital are intended for technical water treatment and the optimization of physical and chemical water parameters.
(2) The products are not medical devices as defined by the EU Medical Devices Regulation (MDR) and are not intended for the diagnosis, treatment, cure, or prevention of diseases.
(3) Statements regarding water quality refer exclusively to measurable technical parameters in accordance with the respective product specifications.
(4) Individual health effects are neither promised nor guaranteed.
§ Product Images and Performance Specifications
(1) Images in the online store are for illustrative purposes only and may differ slightly from the actual product.
(2) Performance specifications are based on internal tests or laboratory measurements conducted under defined conditions.
(3) Variations due to water quality, installation, or maintenance are possible.
§ Technical Requirements
(1) Proper functioning of the products requires suitable technical conditions.
(2) Dropvital assumes no liability for malfunctions attributable to existing installations, piping, or structural conditions.
§ Professional Installation
(1) Products that require a permanent connection to the water system may be installed exclusively by qualified professional contractors.
(2) The customer is obligated to ensure, in a verifiable manner, that the installation is performed properly.
(3) Damage or malfunctions attributable to improper installation do not give rise to any claims against Dropvital.
§ Inspection of Existing Systems
(1) Before commissioning, the existing piping system—in particular bypass or switching devices—must be inspected for proper function, leaks, and correct settings.
(2) This obligation applies regardless of the manufacturer or age of the existing system.
(3) If the inspection is not performed or if the existing system exhibits defects, any liability for resulting malfunctions or consequential damages is excluded.
§ Inspection of the Bypass System and Installation Requirements (Consolidated)
1) The customer shall ensure that Dropvital systems are installed exclusively by a qualified and competent plumbing or building services technician.
As part of the installation, the contracted installer is obligated to inspect the existing bypass system, as well as any newly installed, replaced, or added bypass modules, to verify their proper functionality, leak-tightness, and correct adjustment. This obligation applies regardless of the manufacturer, age, or specific design of the existing bypass system.
2) Since bypass systems may vary in design depending on the manufacturer, model, and technical configuration, the relevant inspection must be performed before or, at the latest, during the installation of the Dropvital system. All identified defects, malfunctions, leaks, or necessary adjustments to the bypass system must be documented in writing prior to commissioning and clearly communicated to the customer.
2) If such a proper inspection is not performed, or if the existing bypass system is defective, inoperable, or incorrectly adjusted, Dropvital assumes no liability whatsoever for any resulting malfunctions, consequential damages, system malfunctions, or additional expenses arising therefrom.
3) Additional expenses, service calls, technical investigations, or corrective work attributable to an inadequate inspection, a defect, or an incorrect setting of the bypass system will be billed to the customer based on actual expenses in accordance with the currently valid price list.
