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1. scope of application
These Terms of Use govern access to and use of the website, the online store and all related functions, content and digital services of Dropvital.
The General Terms and Conditions (GTC) valid at the time shall apply exclusively to the conclusion of contracts for products. In the event of contradictions, the GTC shall take precedence.
This website is aimed at customers in Switzerland and the European Union.
2. provider
Dropvital AG
Country road 170
LI-9494 Schaan
E-mail: info@dropvital.com
Phone: +49 8093 6069370
3. access to the website
Use of the website is generally possible without registration. The creation of a customer account may be required for certain functions.
Users are obliged to provide correct and complete information when registering and to treat their access data confidentially.
Dropvital reserves the right to block or delete user accounts in the event of misuse.
4. conclusion of contract in the online store
The presentation of products does not constitute a binding offer, but an invitation to order.
The purchase contract is concluded exclusively in accordance with the GTC.
5 Prices and payment processing
The prices stated in the online store at the time of ordering apply.
For customers in the EU, prices are shown including statutory VAT according to the country of delivery.
Payments can be processed via external payment service providers. Their terms of use also apply.
6. shipping and delivery
Information on shipping and delivery is regulated in the GTC.
Delivery times are non-binding guidelines unless expressly confirmed as binding.
7 Intellectual property
All contents of this website, in particular texts, images, graphics, logos, brands, product names, designs, videos and technical illustrations are protected by copyright.
Reproduction, distribution, making available to the public or other use is not permitted without the prior written consent of Dropvital.
The Dropvital brand is protected.
8 Technical availability
Dropvital makes every effort to ensure that the website is available without interruption. However, permanent availability cannot be guaranteed.
Maintenance work, security updates or technical faults may lead to 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 damage caused by improper use of the products.
10. external links
This website may contain links to third-party websites. Dropvital has no influence on their content and accepts 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 law, 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 legal rights, in particular:
- Right of withdrawal in accordance with the EU Consumer Rights Directive
- Warranty rights under national law
These rights are not restricted by these terms of use.
13 Applicable law and place of jurisdiction
For customers domiciled in Switzerland, Swiss law applies to the exclusion of 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 insofar as mandatory consumer protection regulations provide for this.
The place of jurisdiction for entrepreneurs is the registered office of Dropvital.
Note: For purchase contracts for products, the choice of law and place of jurisdiction provisions of the GTC (Part B) shall take precedence.
14. changes to the terms of use
Dropvital reserves the right to update these Terms of Use at any time. The version published on the website is authoritative.
Dropvital AG
Registered office: Liechtenstein
§1 Scope of application
(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 expressly agreed otherwise.
(2) These GTC apply in principle to contracts with consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
(3) These GTC apply exclusively. The inclusion of conflicting, supplementary or deviating terms and conditions of the customer is hereby expressly rejected. Such terms and conditions shall not apply even if Dropvital carries out the delivery or service in the knowledge thereof without separate objection.
(4) These GTC shall also apply in their current version to future transactions between Dropvital and the customer, unless otherwise agreed in writing 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 accessible to third parties, reproduced or utilized without prior written consent.
(2) All copyrights, patent rights, inventor's rights and other property rights to samples, devices, tools, drawings, drafts, calculations and plans produced by Dropvital are the exclusive property of Dropvital. A passing on to third parties is only permitted if Dropvital has expressly agreed to this in writing beforehand; the written form is required for this.
(3) The transfer of the aforementioned objects or documents does not constitute a transfer of rights or the granting of a license of use.
§3 Secondary obligations of the customer
(1) The customer is obliged to inform Dropvital immediately of all binding legal, official or other mandatory regulations that apply at his place of residence or at the destination of the goods known to him, insofar as these regulations contradict the content of the contract or may affect the execution of this contract.
(2) The customer undertakes to support Dropvital to the extent necessary if measures have to be taken in the customer's country or at the known destination of the goods within the framework of the fulfillment of the contract.
§4 Conclusion of contract
(1) The presentation of products and services does not constitute a legally binding offer, but a non-binding invitation to place an order. This also applies if Dropvital sends preliminary invoices (pro forma invoice) or comparable declarations at the customer's request.
(2) The contract is only concluded by a written order confirmation from Dropvital or by the dispatch of the goods. In the case of larger orders, intermediaries or comparable constellations, advance payment of at least 50% of the order value may be required. For individual orders in the B2C sector, payment of 100% is generally due in advance. Production and delivery will only take place once these payment obligations have been met in full.
(3) An offer submitted by the customer is binding for a period of two weeks from receipt by Dropvital. This does not apply if the customer has expressly reserved the right of revocation in writing.
§5 Contractual content
(1) The scope of the contractually owed service is determined by the respective order confirmation. In the absence of an express agreement, the service is determined by the usual intended use of goods of the same type. A special purpose of use intended by the customer is only relevant if this was expressly communicated to Dropvital in writing prior to the conclusion of the contract and confirmed by Dropvital in writing.
(2) The subject matter of the contract is deemed to be in accordance with the contract if it complies with the legal requirements at Dropvital's place of business. Dropvital shall only be liable for compliance with legal or official requirements at the customer's place of residence, at the place of destination of the goods or in a third country if an express written consent has been given and the customer has duly fulfilled his obligations to cooperate, in particular in accordance with §3. The customer is generally responsible for obtaining any necessary permits.
(3) Technical specifications such as weights and dimensions, descriptions of performance and properties as well as illustrations, drawings or other documents do not constitute a guarantee of quality. Certain properties shall only be deemed guaranteed if a separate written agreement has been made in this respect; the written guarantee declaration shall be authoritative.
(4) Any documentation shall generally be provided in German. The obligation to provide documentation in another language requires an express written agreement.
(5) Subsequent changes or adjustments to the service owed by Dropvital are permitted, provided that they are customary in the trade or technically necessary and do not unreasonably disadvantage the customer.
(6) Dropvital grants the following voluntary manufacturer's warranties in addition to the statutory warranty:
- For drinking water systems: a warranty period of 5 years
- For domestic water systems: a warranty period of 5 to 20 years depending on the type of housing
The warranty only covers material and manufacturing defects when used properly and maintained correctly. The prerequisite for claiming under the guarantee is compliance with the prescribed maintenance intervals in accordance with the manufacturer's instructions.
There is no further guarantee, in particular for installation, removal or follow-up costs.
This voluntary manufacturer's warranty applies in addition to the statutory warranty and does not restrict it in any way.
§6 Delivery period; force majeure; partial delivery; non-compliance with the delivery period
(1) Unless otherwise agreed in writing in individual cases, delivery periods are non-binding guidelines. Dropvital will inform the customer in writing of the actual time of delivery with a reasonable lead time, usually two weeks. Subject to the following paragraphs 2, 3, 5 and 6, the actual delivery date to be announced may not deviate by more than two weeks from the non-binding delivery period stated above.
(2) The start of a delivery period presupposes that all technical details have been conclusively clarified. The delivery period shall not commence until the customer has fully complied with its obligations to cooperate in this respect.
(3) If an advance performance obligation on the part of the customer has been agreed, in particular in the form of a down payment or proof of financing, the delivery period shall not commence until these obligations have been fulfilled in full.
(4) Dropvital is entitled to the defense of non-performance of the contract as long as the customer has not fulfilled his contractual obligations.
(5) Agreed delivery periods are subject to proper and timely delivery by Dropvital's suppliers.
(6) In the event of force majeure, in particular natural disasters, floods, shortages of raw materials, terrorist events, strikes or comparable unforeseeable circumstances, the delivery period shall be extended accordingly. Dropvital will inform the customer immediately about the existence and the expected duration of such an event. If an event of force majeure lasts continuously for more than six weeks or if the delivery date is delayed by more than eight weeks in total, 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 if these are reasonable for the customer.
(8) Any claims for damages due to delays or non-compliance with delivery deadlines shall be governed exclusively by §12 of these GTC.
§7 Transfer of risk
(1) The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover to the carrier commissioned by the customer (FCA - Incoterms 2010). This only applies to entrepreneurs.
(2) If the customer does not accept the goods ready for delivery at the agreed time of delivery, the risk of accidental loss shall pass to the customer at this time. This only applies to companies.
§8 Default of acceptance; damage caused by delay
(1) If the customer is in default of acceptance or fails to accept the goods on time in accordance with §7, he shall owe Dropvital a lump-sum compensation of 0.5% of the order value or the value of the partial delivery concerned for each week of default or part thereof, but not more than a total of 5% of the order value or the partial delivery.
(2) The customer reserves the right to prove that no or less damage has occurred. Dropvital reserves the right to prove higher damages.
§9 Prices; terms of payment
(1) All prices are net prices plus the statutory value added tax applicable at the time of delivery.
(2) Unless otherwise agreed, payments shall be made in euros; alternatively, payment may be made in Swiss francs or US dollars if this has been agreed. If payment in these currencies is not legally or factually possible, payment shall be made in the currency applicable at the customer's registered office, whereby the invoice value in euros at the time of maturity shall be decisive. If this is also not possible, payment must be made in a suitable third currency.
(3) All additional costs, in particular 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) An entitlement to a discount shall only exist if expressly agreed in writing.
(6) Payments are to be made at Dropvital's registered office in Liechtenstein. All costs and risks associated with the payment shall be borne by the customer.
(7) Unless expressly agreed otherwise in writing, payments are due within ten (10) days of the transfer of risk.
(8) If there are more than fourteen weeks between the conclusion of the contract and the transfer of risk and if this delay is not due to Dropvital's fault, Dropvital is entitled to adjust the price according to demonstrably increased costs, in particular as a result of increased raw material prices.
§10 Notice of defects; exclusion of warranty rights
(1) The customer is obliged to carefully inspect the delivered goods immediately, but at the latest within ten (10) working days of the transfer of risk, to ensure that they are free of defects and to report any defects found in writing immediately, but at the latest within three (3) working days of discovery. If the actual transfer of risk occurs before the agreed time of delivery (§ 6 para. 1 sentence 2), the inspection period shall not commence until the agreed time of delivery.
(2) Defects that were not recognizable during the inspection pursuant to para. 1 must be reported in writing within three (3) working days of their actual discovery at the latest.
(3) The notification of defects must be made in writing and must contain a detailed description of the alleged defects, their suspected causes and the specific effects. At the request of Dropvital, suitable evidence, in particular photo documentation or comparable evidence, must be provided.
(4) If the above inspection and complaint obligations are not complied with, the delivery shall be deemed approved. Warranty claims or claims for damages are excluded in this case. This shall not apply if a defect has been fraudulently concealed or if the exclusion is in contradiction to an expressly agreed guarantee (§ 5 No. 3).
(5) The customer shall bear all costs incurred by Dropvital as a result of unjustified complaints.
(6) The deadlines specified in paragraphs 1 and 2 shall not begin to run until the customer has been provided with the complete documentation owed by Dropvital.
(7) If defects are not reported within two years of the actual handover, corresponding defect rights are excluded. This only applies to companies.
(8) The customer is entitled to a voluntary money-back guarantee as follows:
House installations: 180 days
Drinking water systems: 30 days
The money-back guarantee covers 100% of the pure product costs. Installation, dismantling or removal costs are expressly excluded from this.
(9) In the event of dissatisfaction of any kind, the invoiced product costs can be refunded after deduction of installation costs, cartridges used and any discounts granted. The costs for disassembly or dismantling are to be borne by the customer and are not part of the money-back guarantee.
(10) If verifiable limescale protection is detected in domestic systems, the claim to the money-back guarantee shall lapse completely. Proof shall be provided by means of suitable technical test procedures, in particular by means of evaporation and TOC/COD analysis.
(11) If the systems are not maintained in accordance with the specified maintenance intervals, all warranty claims shall lapse. If measurable differences are detected in the course of technical analyses, the limescale protection is deemed to be guaranteed; in this case, there is no warranty claim.
(12) If the installation is carried out by a third party, the latter is obliged to provide Dropvital with the relevant customer data. If this information is not provided, the installer assumes responsibility for ensuring that the customer carries out maintenance in accordance with the manufacturer's instructions. Dropvital excludes all liability if the annual maintenance of the domestic system or the prescribed maintenance of the drinking water filter according to the acoustic signal notice is not complied with.
(13) Sales partners act independently and participate in sales. They bear full responsibility for the proper fulfillment and processing of warranty claims against their customers. Dropvital is not liable for warranty obligations or assurances made independently by sales partners.
(14) Dropvital assumes no liability for the functionality, condition or any defects of existing installations, lines or connections. Dropvital's responsibility is limited exclusively to the supplied components and their professional integration within the scope of the respective project.
Supplementary clarifications on the voluntary money-back scheme (consolidated)
(1) The money-back policy is a voluntary additional service provided by Dropvital and is independent of statutory revocation or warranty rights.
(2) The prerequisite is the complete return of the product in a functional and undamaged condition.
(3) Consumable components, installed parts or individualized products are excluded from reimbursement if their reuse is excluded.
(4) Installation, dismantling, shipping or service costs are not part of the refund.
(5) If a technical inspection shows that the product is working properly, there is no entitlement under the money-back scheme.
§11 Rights of the buyer in the event of breaches of duty (warranty claims); limitation period; relationship to damages
(1) If Dropvital performs poorly, i.e. if the actual performance deviates from the contractually owed performance, the customer's rights are governed by the following provisions.
(2) First, the customer is entitled to demand supplementary performance within a reasonable period of time. Dropvital is entitled to choose between repair or replacement. The customer has to grant Dropvital or authorized third parties access to the goods and to carry out all necessary acts of cooperation. The costs of the supplementary performance shall be borne by Dropvital, with the exception of additional costs incurred by transporting the goods to a place other than the original destination.
(3) If subsequent performance does not take place within a reasonable period of time or does not result in freedom from defects, the customer shall be entitled to reduce the purchase price appropriately.
(4) The customer may withdraw from the contract if
a) there is a material breach of contract and
b) subsequent performance does not take place within a reasonable period or remains unsuccessful.
The requirement pursuant to lit. b shall 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, despite a reasonable grace period, which should generally be at least two weeks, does not make the delivery in case of delay. §Section 6 (6) applies accordingly.
(6) The customer must assert his rights in accordance with paragraphs 2-5 within a reasonable period of time and request Dropvital in writing to carry out the measures.
(7) If the breach of duty relates only to a part of the delivery, the claims shall be limited to this part, unless there is a material breach of contract as a whole.
(8) Warranty claims - with the exception of claims for damages - shall become statute-barred for entrepreneurs twelve months after the transfer of risk, provided there is no fraudulent intent or an unrecognizable defect within the meaning of §10 (3). For consumers, the statutory limitation periods pursuant to §21 of these GTC shall apply.
(9) Cancellation of the contract or replacement delivery requires that the customer can return the goods received in essentially their original condition.
(10) Claims resulting from improper use or disregard of operating or maintenance instructions are excluded.
(11) The provisions in paragraph 4 shall apply accordingly to claims for damages due to defects, taking into account §12.
§12 Liability (incl. supplement for slight negligence)
(1) Dropvital is liable in accordance with the statutory provisions for damages resulting from injury to life, body or health.
(2) Liability under the applicable product liability law remains unaffected.
(3) If Dropvital assumes a contractual guarantee, it shall be liable within the scope of the respective guarantee declaration.
(4) Dropvital is liable without limitation for damages caused intentionally or through gross negligence.
(5) In the event of gross negligence, liability shall be limited to three times the respective order value. If this amount is less than EUR 25,000, liability shall be limited to a maximum of EUR 25,000 in the event of proven damage.
(6) Liability is excluded for other negligent breaches of duty or no-fault damages to the extent permitted by law.
(7) Limitation of liability in the event of slight negligence: In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract. Indirect damages, loss of profit or indirect consequential damages are excluded to the extent permitted by law.
§13 Offsetting; right of retention
(1) Offsetting by the customer is only permitted with undisputed or legally established claims.
(2) Paragraph 1 shall apply accordingly 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 obliged to insure the reserved goods appropriately against fire, water damage and theft at his own expense.
§15 Applicable law
(1) The law of the Principality of Liechtenstein shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Mandatory consumer protection provisions of the state in which the customer has his habitual residence shall remain unaffected.
(3) Paragraph 1 shall apply accordingly to non-contractual claims.
§16 Place of jurisdiction
(1) The statutory places of jurisdiction apply to consumers. Consumers may assert claims at the court of their place of residence.
(2) The place of jurisdiction for legal action by Dropvital against consumers is the consumer's place of residence.
(3) For entrepreneurs, the exclusive place of jurisdiction is Vaduz, Liechtenstein.
§17 Miscellaneous; written form
(1) All declarations in connection with this contract must be made in the language of the contract.
(2) The customer is not entitled to transfer rights or obligations from this contract in whole or in part to third parties without the prior written consent of Dropvital.
(3) Amendments or supplements to these GTC and a waiver of their application must be made in writing. This also applies to a waiver of the written form requirement.
(4) Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall be deemed to have been agreed which comes as close as possible to the economic purpose of the invalid provision. The same applies to loopholes.
§18 Marketing and communication obligation
Dropvital's sales partners undertake to publish all current product and sales documents provided by Dropvital, in particular brochures, technical data sheets and product descriptions, on their website immediately upon receipt and to make them accessible to end customers. Changes, adaptations or editorial interventions in 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 the official Dropvital documentation. In the event of a breach of these obligations, Dropvital reserves the right to terminate the distribution contract without notice and to claim damages.
§19 Priority of mandatory consumer law
(1) If the customer is a consumer, the mandatory statutory consumer protection provisions of the country in which the customer has his habitual residence shall apply in addition and with priority.
(2) Insofar as individual provisions of these GTC are not compatible with mandatory consumer law, the remaining provisions shall remain effective; the ineffective provision shall be replaced by the statutory provision.
§20 Transfer of risk for consumers
Notwithstanding §7, the risk of accidental loss or accidental deterioration of the goods shall not pass to consumers until the goods are actually handed over to the consumer or a person designated by the consumer as authorized to receive the goods.
§21 Warranty period for consumers
Notwithstanding § 11 (8), the statutory warranty period for consumers is two years from delivery of the goods, unless mandatory statutory provisions provide for a longer period.
The voluntary manufacturer's warranty remains unaffected by this.
§22 Duty of inspection and notification of defects for consumers
The inspection and complaint obligations regulated in §10 do not apply to consumers as preclusive periods.
Consumers are requested to report recognizable defects as soon as possible in order to enable efficient processing. However, failure to report defects does not result in the loss of statutory warranty rights.
§23 Default of acceptance for consumers
The provision in §8 shall only apply to consumers insofar as this is legally permissible. The consumer reserves the right to prove that no or significantly less damage has been incurred.
§24 Clarification of the money-back guarantee
The money-back guarantee regulated in §10 (8-10) is a voluntary additional service and exists independently of statutory revocation or warranty rights.
Statutory rights of revocation remain unaffected.
§ Product-specific note
(1) The products offered by Dropvital are used for technical water treatment and optimization of physical and chemical water parameters.
(2) The products are not medical devices within the meaning of the EU Medical Device Regulation (MDR) and are not intended to diagnose, treat, cure or prevent diseases.
(3) Statements on water quality refer exclusively to measurable technical parameters in accordance with the respective product specifications.
(4) Individual health effects are neither assured nor guaranteed.
Why this is important:
Prevents warnings under the law on advertising for medicinal products and UWG.
§ Product illustrations and performance data
(1) Images in the online store are for illustrative purposes only and may differ slightly from the actual product.
(2) Performance data is based on internal tests or laboratory measurements under defined conditions.
(3) Deviations due to water quality, installation or maintenance are possible.
Why this is important:
Prevents quality guarantee through marketing formulations.
§ Technical requirements
(1) The proper functioning of the products requires suitable technical framework conditions.
(2) Dropvital assumes no liability for impairments caused by existing installations, lines or structural conditions.
Why important:
Protects you against old pipes, pressure problems and third-party installations.
§ Maintenance as a warranty condition
(1) Compliance with the specified maintenance intervals is a prerequisite for all warranty claims.
(2) If maintenance is not carried out in due time or if original components are not used, the voluntary warranty shall expire.
(3) The statutory warranty remains unaffected by this.
§ Test methodology for functional complaints
(1) The functional capability is assessed on the basis of defined technical measurement procedures.
(2) Reference parameters are in particular physico-chemical measured values in accordance with the product specifications.
(3) Subjective perceptions or evaluations of taste shall not constitute a defect.
Why extremely important:
This protects you from "it doesn't feel any better" arguments.
§ Checking the bypass system and installation requirements (consolidated)
1) The customer shall ensure that Dropvital systems are installed exclusively by a qualified and competent sanitary or building technician or qualified specialist companies.
2) Products that require a permanent connection to the water system may only be installed by qualified specialist companies.
3) The customer is obliged to demonstrably ensure professional installation.
4) Damage or malfunctions caused by improper installation do not justify any claims against Dropvital.
5) As part of the installation, the contracted installer is obliged to check the existing bypass system and any newly installed, replaced or supplemented bypass modules for proper functionality, tightness and correct adjustment. This obligation applies regardless of the manufacturer, age or specific design of the existing bypass system.
6) As bypass constructions may vary depending on the manufacturer, design and technical concept, the corresponding inspection must be carried out before or at the latest during the installation of the Dropvital system. All defects, malfunctions, leaks or necessary adjustments to the bypass system must be documented in writing before commissioning and communicated to the customer in a comprehensible manner.
7) Before commissioning, the existing pipe system, in particular bypass or changeover devices, must be checked for functionality, tightness and correct adjustment. This obligation applies regardless of the manufacturer or age of the existing system.
8) If such a proper inspection is not carried out or if the existing bypass system or the existing system is defective, non-functional or incorrectly adjusted, Dropvital accepts no liability for any resulting malfunctions, consequential damage, malfunctions of the system or additional expenses incurred as a result.
9) Additional expenses, service calls, technical clarifications or repairs due to insufficient testing, a defect or incorrect adjustment of the bypass system will be charged to the customer at actual cost in accordance with the applicable price list.
