General Terms and Conditions of Sale of Aqua Dreams GmbH, Kölner Straße 407, 45481 Mülheim

§ I General Provisions, Scope of Application
1) These General Terms and Conditions (GTC) apply to all current and future construction contracts with our customers (hereinafter: "Client"). The GTC only apply if the Client is a consumer (Section 13 BGB).
2) Individual agreements reached with the Client (including ancillary agreements, supplements and amendments) always take precedence over these GTC. The content of such agreements is governed by a written contract or our written confirmation. Oral agreements between the parties are replaced by the written contract unless they expressly state otherwise.
3) Legally relevant declarations and notices directed to us by the Client after conclusion of the contract (e.g. setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.
4) If necessary, permits and the highest flood level or design water level must be obtained by the Client. If official or private permits (e.g. building permit) are required for delivery and/or installation of our contract deliveries, this is solely the responsibility of the Client, are assumed by us to be completed and are not checked by us. The refusal of such permits does not entitle withdrawal from the contract or the exercise of rights to withhold performance.

§ 2 Offers, Examination, Contract Conclusion
1) Our offers are non-binding. The same applies to catalogs, technical documentation (e.g. drawings, plans, calculations, estimates, references to DIN standards), other product descriptions or further documents - also in electronic form - (e.g. advertising material, our website) as well as to manufacturer information and advertising. These only become part of the contract if expressly agreed.
2) The Client's order of goods constitutes a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 2 weeks of its receipt.
3) Acceptance takes place by express declaration through a corresponding order confirmation in written or text form. The order confirmation is transmitted by post, fax or email at the contractor's choice.
4) If the Client provides a bill of quantities or other performance description for a construction project, we are not obliged to check these documents, in particular not for gaps, errors or contradictions. If we prepare an offer on the basis of the documents sent at the Client's request, this is limited to the goods and services expressly named in this offer.
5) The technical specifications in the offer may deviate due to the structural installation situation and due to individual element design. Deviations that are customary or result from legal provisions or represent technical improvements, as well as the replacement of (structural) parts with equivalent parts are permitted insofar as they do not impair the usability for the contractually intended purpose. Against this background, technical innovations of the ordered product line by manufacturers are permitted insofar as they do not impair the usability for the contractually intended purpose.
6) Representatives and employees of the supplier who are not expressly authorized are not entitled to make oral assurances of any kind to the buyer or to make or receive legal declarations.
7) The documents belonging to the offer such as illustrations, drawings and weight specifications are only approximate guidance unless expressly designated as binding. The same applies to performance and consumption specifications.
8) Aqua Dreams GmbH reserves the right to charge for expenses incurred in determining quantities, costs and prices according to current labor, travel and overhead costs. This applies in particular to inspections of structures, structural damage or system parts not created by Aqua Dreams GmbH.

§ 3 Deadlines, Dates, Delay, Execution
1) Deadlines and dates are only binding if expressly agreed between the parties. Deadlines and dates indicated by us are always only approximate unless expressly agreed in writing as binding. The indicated deadlines and/or dates may be extended or shifted, in particular if we depend on supply from our suppliers. Binding delivery periods begin, subject to other individual written agreements, with release by the Client, but not before the provision of any documents, permits, execution plans, releases to be obtained by the customer and before receipt of an agreed payment.
2) We are not liable for the impossibility of performance/delivery or delays in performance/delivery insofar as these are caused by force majeure or other events that were not foreseeable at the time of contract conclusion and for which we are not responsible. These may include, for example, operational disruptions of any kind, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, lack of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or non-supply, improper or untimely supply by suppliers for which we are not responsible. We will immediately notify the Client if performance/delivery is not possible or delayed.
3) If such events substantially hinder our performance/delivery or make it impossible and the obstruction is not only temporary, we may withdraw from the contract. If the obstacles are only temporary, delivery or performance periods are extended or execution or delivery dates are postponed by the period of obstruction plus a reasonable startup period. If it is unreasonable for the Client to accept performance/delivery due to substantial delay on our part (more than 6 weeks) - taking into account mutual interests - the Client may withdraw from the contract by immediate written declaration to us.
4) Delivery delay with respect to a due performance on our part only occurs after receipt of written notice from the Client. In the event of delay on our part, the Client must set a reasonable additional deadline, which must generally not be less than two weeks. If we delay performance or if performance becomes impossible for any reason, our liability for damages is limited in accordance with § 7 of these General Terms and Conditions.
5) The Client must ensure that the conditions for our performance at the agreed date are met. The work area itself must be cleared. Furthermore, unobstructed access to the work area must be guaranteed.
6) Services not expressly listed in the offer that are necessary for the performance of the contract or are carried out at the Client's request must be additionally compensated by the Client. Difficult transport, work, access and assembly conditions that were not apparent from the inquiry are billed separately. Compensation is calculated on the basis of actual hours at the contractually agreed or secondarily customary hourly rate plus any further expenses incurred by us. Winter construction measures are not contracted. Since we are not aware of existing soil quality, we are not liable for the disposal of excavation material. Any disposal costs incurred are charged on evidence plus a surcharge of 20% plus labor and transport costs. Similarly, any required groundwater control and any required drainage work is charged according to actual costs. Insofar as we excavate the construction pit, the offer price includes excavation of excavatable soils of soil classes 1 to 3. Soil classes 4 to 7 involve sometimes considerable additional costs (e.g. rocky soils). Net hourly rate €74.50/travel time allowance €59.50.
7) Our information on the subject of delivery and performance (e.g. dimensions, weights, use values, load capacity, tolerances and technical data) or representations thereof (e.g. drawings and illustrations) are only approximate unless expressly and in writing designated as guaranteed properties. Our dimension specifications for swimming pools are generally based on the external dimensions of plastic pools; for concrete swimming pools, the pool dimensions refer to the internal dimensions. Minor dimension deviations of up to 100 mm do not entitle the Client to assert defect claims.
8) Construction power and water are provided free of charge by the Client. The same applies to initial and subsequent filling of the pools. The Client is informed that the pool must be filled 2-3 times during the performance to carry out cleaning work, tightness tests and similar.
9) Insofar as the supplier is not obliged to bring the delivery item to a location specified by the buyer, the delivery period is met if the delivery item leaves the supplier's plant by its expiration or the buyer is notified of shipping readiness.
10) If shipping is delayed by circumstances the buyer is responsible for, the costs incurred by storage at the supplier's business premises, or at least 0.5% of the invoice amount for each month, are charged to the buyer starting one month after notification of shipping readiness.
11) The buyer retains the right to prove a lower damage.
12) Aqua Dreams GmbH requires a room or outside temperature of 15 degrees Celsius for trouble-free assembly of adhesive connections. At temperatures below 15 degrees, the curing time for adhesive connections must be appropriately extended. For PVC adhesive connections to cure, a continuous temperature of at least 7°C for 24 hours must prevail.
13) If installations are not mounted in a closed and heated room, in the event of the aforementioned temperature drop, a heated covering is required either by the Client or against additional charge.
14) Construction delays due to unforeseeable natural events or other external circumstances beyond Aqua Dreams GmbH's responsibility do not constitute delay damage or entitlement to compensation.
15) The Client provides hygiene facilities such as mobile rental toilets during the construction phase.
16) The Client must also complete all site work, unless otherwise specified, such as excavating the construction pit, creating pipe trenches and wall penetrations, preparing the sewer connection, backfilling work, excavation and foundation work, installation of electrical supply lines with a network voltage greater than 230 volts, and water supply and drainage lines before work begins so that the assembly work of Aqua Dreams GmbH can be carried out and completed without interruption. Upon request, we undertake heating and sanitary connections ourselves on a cost basis.
17) If required preparatory work has not been provided by the contracting partner, specified dimensions do not match, or Aqua Dreams GmbH fitters are called to the work site too early for other reasons and are prevented from carrying out their work due to causes for which Aqua Dreams GmbH is not responsible, resulting in waiting times and travel times and additional travel costs, these are charged to the contracting partner by Aqua Dreams GmbH.
18) One-piece pools and other installations must not be moved or filled with water on their own authority and without the knowledge of Aqua Dreams GmbH. Damages resulting from this are excluded from liability.
19) In the event of emergencies or bad weather, we reserve the right to change dates at short notice.
20) The insurance of ordinary construction risks is the responsibility of the Client. Construction risks such as total construction services, storage of building materials, construction auxiliary materials, building parts, temporary structures, construction client risks (e.g. design errors), construction accidents, unusual natural events (e.g. storms, hail, floods, flooding from heavy rain, overvoltage damage), negligence of construction site personnel, negligence of the building owner, vandalism must be insured by the Client through appropriate insurance (e.g. construction industry insurance or building insurance).
21) Fresh water, water, electricity and heating connection. These services are - unless expressly agreed in written form otherwise in the contract - exclusively the task of the buyer and are not included in the scope of services of the contract with Aqua Dreams GmbH.
22) Crane, earthwork and concrete work as well as core drilling and sealing of core drilling. These services are also - unless expressly agreed in written form otherwise in the contract - not included in the scope of services of Aqua Dreams GmbH and are thus exclusively the task of the buyer.
23) The buyer must ensure, unless otherwise agreed in writing, that an ordered pool cover can be carried to the installation site (pool) under reasonable conditions by 2 people. Should additional people or a larger crane be required due to the size (weight) of the system or difficult access to the installation site, the costs resulting from this are borne by the buyer. Furthermore, the buyer provides the electricity required for assembly and the number of people specified in the order (and acknowledged by the buyer with signature) to assist in "moving" the segments into the running rails at the buyer's expense. (The number of people to assist depends on the size and weight of the system). Aqua Dreams GmbH assumes no liability towards the persons provided and these persons must be insured by the buyer.
24) The buyer must provide a floor drain, pump sump or similar drainage option in the installation room. We do not assume liability for water damage resulting from its absence.
25) We leave the construction site clean and tidy. Final cleaning is performed on-site.
26) Cable connection points (spotlights, roller shutter motors, switch units, etc.) in the immediate vicinity of the swimming pool should be permanently accessible and serviceable.

§ 4 Transfer of Risk, Acceptance, Default in Acceptance, Partial Delivery
1) Aqua Dreams GmbH is entitled to make partial deliveries and partial performances at any time.
2) For work and construction contracts, transfer of risk occurs upon acceptance or use without objection. After completion of the raw construction, we are entitled to demand partial acceptance of the raw construction from the Client. If construction services are provided, these are deemed accepted after 12 working days following written notification of readiness for acceptance. Provision of the final invoice also constitutes notification of readiness for acceptance, unless the buyer objects in writing within this period to existing material defects.
3) The risk transfers, unless the supplier has expressly undertaken shipping and assembly and/or delivery of the item, upon handover of the delivery items to the transport company to the buyer. From then on, the Client bears the duty of care against any type of damage.
4) If shipping or acceptance is delayed by circumstances the buyer is responsible for, the risk passes to the buyer upon receipt of notification of the supplier's shipping readiness or the buyer's readiness for acceptance. The supplier is, however, obliged to effect the insurances requested by the buyer at the buyer's expense.
5) If the Client defaults on acceptance, negligently fails to cooperate or our delivery is delayed for other reasons the Client is responsible for, we are entitled to claim compensation for resulting damages including additional expenses (e.g. storage costs).
6) Upon delivery, it is assumed that the vehicle can drive directly to the building at the agreed date and be unloaded uninterrupted, and that any existing cranes on-site can be used free of charge for transporting goods on the construction site. Obstructions result in additional costs. Additional costs caused by longer transport routes or due to difficult delivery from the vehicle to the building are charged separately. If execution of our work or that of persons commissioned by us is hindered by circumstances the Client is responsible for, the corresponding costs (e.g. working time and travel expenses) are charged.
7) Acceptance of services must take place within two days of notification by Aqua Dreams GmbH. Once Aqua Dreams GmbH has completed all its services after pool assembly installation, any further construction measure on-site constitutes acceptance of Aqua Dreams GmbH's services.
8) The buyer is only entitled to refuse acceptance if the defect eliminates or substantially reduces the ordinary and/or contractually presupposed use of the work and/or its structure.
9) If the work is defective in a way that does not justify refusal of acceptance, acceptance must be made under the reservation of defect rectification.
10) Refusals of acceptance or objections to acceptance must be made immediately in writing specifying and describing the defect claimed.

§ 5 Prices and Payment Terms
1) All offer prices may be agreed as a binding fixed price, as a percentage fee, as a guide price, according to actual hours of work, material consumption or measurement; they generally apply excluding statutory VAT.
2) Payment Terms for Plastic Swimming Pool Contract:
a) Upon contract conclusion 40% deposit of the contract price. Payment due within 10 weeks of receipt of invoice.
b) 40% upon delivery of the pool. Payment due within 5 weeks of receipt of invoice.
c) 10% upon shell completion acceptance. Payment due within 5 weeks of receipt of invoice.
d) Final invoice of 10% of the remaining compensation upon acceptance. Payment due within 10 weeks of receipt of invoice.
3) Payment Terms for Concrete Swimming Pool Contract:
a) Upon contract conclusion 50% deposit of the contract price. Payment due within 10 weeks of receipt of invoice.
b) 40% upon shell completion acceptance. Payment due within 5 weeks of receipt of invoice.
c) Final invoice of 10% of the remaining compensation upon acceptance. Payment due within 10 weeks of receipt of invoice.
4) Upon expiration of the above payment period, the Client is in default. The purchase price is subject to interest at the applicable statutory default interest rate during default. We reserve the right to assert further default damages.
5) Prices apply, absent special agreement, ex-works at the supplier's business premises.
6) Payments to representatives without written collection authority have no discharge effect against the supplier.
7) Offset is only possible with counterclaims not disputed by the supplier or already having final judgment. The buyer may only base a right of retention on such counterclaims.
8) If the scope of the respective contract performance is mutually changed during contract execution, in particular expanded, Aqua Dreams GmbH may request a corresponding adjustment of the agreed prices and fees, in particular their increase. Aqua Dreams GmbH is entitled to provisionally suspend performance of the contract services until agreement is reached on a corresponding adjustment of prices and fees if Aqua Dreams GmbH has previously notified the buyer in writing. Any delays resulting from this do not count against Aqua Dreams GmbH. Unilateral changes to the contract performance by the buyer are excluded.
9) Unless otherwise agreed, Aqua Dreams GmbH is entitled to demand a reasonable advance and to issue partial invoices for services already provided or depending on the progress of services.
10) Aqua Dreams GmbH is entitled to perform outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, circumstances become known which are likely to substantially impair the creditworthiness of the buyer and through which payment of the outstanding claims of Aqua Dreams GmbH by the buyer is endangered.

§ 6 Retention of Title
1) Until full settlement of all claims arising from the contract, goods remain our property. At the Client's request, we are obliged to waive retention of title if the Client has fulfilled all claims resulting from the contract.
2) Goods held under retention of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The Client must notify us immediately in writing if and to the extent third parties access goods belonging to us.
3) In the event of breach of contract by the Client, in particular non-payment of the due purchase price, we are entitled, in accordance with statutory provisions, to withdraw from the contract and/or demand return of the goods based on retention of title. The demand for return does not simultaneously constitute declaration of withdrawal; rather, we are entitled to merely demand return of the goods and reserve the right to withdraw. If the Client does not pay the due purchase price, we may only assert these rights if we have previously set the Client a reasonable payment deadline without success or such deadline-setting is not required by statutory provisions.

§ 7 Client Warranty Claims
1) The Client's claims based on defects are governed by statutory provisions. The Client is expressly informed that warranty claims may be forfeited if operating and maintenance instructions are not followed and the notices mentioned therein as well as the required maintenance and winterization measures are not carried out professionally and punctually. Product-specific properties are considered contractually agreed target specifications.
2) We bear the expenses required for testing and rectification, in particular transport, travel, labor and material costs, if a defect actually exists. However, if a Client's claim for defect rectification proves unjustified, we may demand reimbursement of the resulting costs from the Client. If expenses are higher because the delivery item has subsequently been moved to a location other than the buyer's registered office and the relocation does not correspond to proper use, we do not bear these additional costs. If we are not granted access to the object at the agreed time, the Client must reimburse our expenses (travel and personnel costs) according to customary local rates unless a different rate was agreed in the contract.
3) We provide no warranty on cleaning accessories (nets, brushes, robot rollers, etc.), light sources for spotlights, or measuring electrodes for measuring, control and dispensing equipment.
4) If the buyer can demand material defect rights of his choice, he is obliged, upon request of the supplier, to declare within a reasonable period whether, if the prerequisites are met, he demands rectification, withdraws from the contract, asserts reduction of the purchase price, and/or demands damages instead of performance.
5) The delivery item must be examined immediately upon receipt. Obvious defects must be reported in writing to the supplier within 5 working days of receipt, on pain of forfeiture of defect rights.
6) The supplier assumes no warranty for damages caused by the following circumstances: Unsuitable or improper use, defective assembly or defective commissioning by the buyer or third parties engaged by him, natural wear and tear, defective or negligent treatment, use of unsuitable operating materials or replacement materials (e.g. through use of untested water maintenance and cleaning products), defective construction work (e.g. insufficiently thermal and moisture-insulated swimming hall and adjacent rooms, incorrectly glazed skylights), improper chemical, electromechanical or electrical influences, unless the damages result from the supplier's fault.
7) Stainless steel is not completely corrosion-free but merely "corrosion-resistant". Disinfection and cleaning agents can accelerate corrosion. Stainless steel products made of V4A steel (1.4301) are designed for the following limit values in pool water: max. 1.0 mg/liter chlorine or equivalent with other disinfectants max. 150 mg/liter chloride content, pH value between 7.0 and 7.8.
Stainless steel products made of V4A (1.4571) are designed for the following limit values in pool water: max. 1.3 mg/liter chlorine or equivalent with other disinfectants max. 500 mg/liter chloride content, pH value between 6.8 and 7.8. If these limit values are exceeded, there is no warranty.
8) Salt electrolysis up to 3g salt/liter or salt hydrolysis up to 1.5 g salt/liter can attack even high-quality V4A stainless steel components and lead to corrosion phenomena and discoloration on other components, especially if copper, iron or manganese ions from drinking water installations or other environmental sources enter the pool water. These components may require increased maintenance or, if necessary, be renewed at the buyer's expense.
9) Water values outside tolerance are the most common cause of discoloration and rust formation. Both manual and automatic dosing are not error-free. Therefore, it is necessary to regularly check the values and document them appropriately for us.
10) The Client is informed that regular maintenance work must be carried out professionally and promptly on the basis of the operating and maintenance instructions. These services are not included in the contract price and are offered separately to the Client upon request.
11) Neglected maintenance work may impair the service life and functionality of components without giving rise to defect claims against the contractor.
12) For custom-made items according to the specifications or measurements provided by the buyer, Aqua Dreams GmbH is not liable for defects based on errors or inaccuracies in the specifications and measurements.
13) Parts removed for purposes of defect rectification or customer service or other repair work and subsequently replaced become the property of Aqua Dreams GmbH without compensation. The determination of location, nature and scope of customer service, repair and defect rectification work is at the professional discretion of Aqua Dreams GmbH. In particular, Aqua Dreams GmbH is not obliged to prepare a remediation concept beforehand - neither orally nor in writing.
14) Materials supplied by Aqua Dreams GmbH may only be mixed with chemical products and materials supplied by Aqua Dreams GmbH itself and expressly approved for the respective product. Use of chemicals from other manufacturers or use of chemicals not approved for the respective product can result in chemical reactions so that freedom from defects of Aqua Dreams GmbH products is not guaranteed. If non-approved chemicals are used by the buyer, Aqua Dreams GmbH's liability for defects, damages and consequential damage caused by this is excluded.
15) Aqua Dreams GmbH's liability for breach of contract and tort is limited to intentional misconduct and gross negligence as well as compensation for typically occurring damage. This does not apply to injury to life, body and health of the buyer or his performance assistants or employees, or claims for violation of cardinal duties. To this extent, Aqua Dreams GmbH is liable for any degree of culpability. Insofar as it concerns damages not resulting from injury to life, body and health of the customer, Aqua Dreams GmbH is only liable for typically occurring damage.
16) For boring by us in tiles and natural stone, no liability is assumed in case of damage unless the damage results from gross negligence or intention on our part. We assume statically sound fastening options. To protect against mechanical stress from external loads or pressure changes, we recommend laying all pipes in a sand bed.
17) Silicone joints are maintenance joints and are therefore not subject to warranty.
18) Color deviations are material and manufacturer-related and do not constitute grounds for complaint.
a) In particular, natural stone, such as granite, has the following properties:
Color variations/flow structures
Natural stones with these natural patterns can vary greatly in that color differences can occur on the same element. On some natural stones, it can appear as if the original floor color is missing in certain areas. On other types, large flow structures can occur that are suddenly interrupted by a vein running across or thin lines that can resemble grooves. These elements are very attractive to people who particularly value raw nature. The customer must pay attention to this when purchasing natural stones. All stone types can have color variations/flow structures. However, they are most evident in granite.
Natural spots dark/light
These occur most frequently in fine-grained granite varieties. Natural spots appear as dark or light spots of varying sizes. These spots can be monochromatic or consist of multiple color variations. These spots cannot be avoided.
Small holes/hairline cracks
They occur in almost all types of natural stone. Holes (tarolli) are inclusions of small animals or sponges that have disappeared because they rotted or became earth. Hairline cracks refer to the distance nature has created between different occurrences of a stone variety when a stone is under pressure for millions of years and when very high heat melts it together.
Grinding marks
They occur on all natural stone types with a polished surface. Grinding marks often consist of a circular pattern because they are created during grinding by the grinding pads. On polished stones, grinding marks cannot be avoided because the last pad before polishing creates the grinding marks.
Glass veins
Deposits of large quantities of dead shells and the like and fusion with different organic and marine-deposited substances in combination with enormous water pressure has resulted in a product today that can be used as different building materials. The fused product may have been subjected to large shifts in layers or perhaps earthquakes, whereby the fused mass acquired grooves. Water could penetrate here and organic substances such as quartz could accumulate. These substances have combined with the rest of the mass and become a homogeneous mass. Thousands of years ago, the sea floor rose above the water level. This created land areas with valleys and hills - mountain ranges were also formed this way. With modern working methods, it became possible to "break" blocks of the fused mass and, for example, saw them into window sills at 2 cm and 3 cm thickness or into tiles at 1 cm thickness. The aforementioned fused grooves now appear as veins in the plates. The technical term is "glass veins". These veins do not impair the strength of these plates in any way. Especially at the places where the glass veins are located, your fracture strength is greater. Glass veins can occur in many natural stones - in granite as in slate. We hope this brief explanation of the possible formation of natural stones has convinced you that "natural defects" that are professionally treated are not grounds for complaint.
Discoloration on natural stone surfaces "Picture Framing"
Besides the organic components, many natural stones also consist of other compounds - mainly iron compounds. The basic water used in certain adhesive types and joint types dissolves these compounds and causes a reaction. This compound then penetrates to the surface of the natural stones. After that, oxidation can occur. It occurs most frequently with light granite varieties. We recommend always using installation material that is approved for natural stone.
Rust
Natural stones can exhibit small rust spots. This is due to iron-containing particles that react and can lead to rust extraction.
Natural loss (6%)
Since this is a natural product, one must accept that stones are damaged in one way or another. Natural stone often comes from distant countries, which involves many transport and transshipment operations. In our industry, a loss of up to 6% is accepted, which must be accepted as a customer. This applies especially to larger deliveries, for which we recommend including this loss in the calculation. Stones that have been sorted out can, for example, be used when cutting.
Tolerances
Tolerances of +/- 2 mm in relation to the specified dimensions must be accepted.
b) Ceramics have the following properties:
The color variation
Ceramic fine stoneware tiles are made from natural materials; each individual production/brand is unique. From production to production, there can therefore be minor deviations in color, surface and texture.
Natural shrinkage
Since we must do this with a natural product, we must accept that stones may be created that can be damaged in some way. During production and transport, many transactions occur. Insiders in our industry accept up to 6% shrinkage. That this can happen, you as a customer must accept. This is especially true for large shipments; Therefore, we ask that you take this into account in the calculation. Arbitrarily sorted tiles are suitable for cutting to the mm of your choice.
The tolerance
The tolerance of +/- 2 mm to the actual dimensions is acceptable.

§ 8 Assemblies, Repairs and Other Services
For assemblies, repairs and other services, the following additionally applies:
1) The buyer must inform Aqua Dreams GmbH personnel at his expense of existing safety regulations and hazards and take all necessary measures to protect persons and property at the workplace.
2) The buyer must support Aqua Dreams GmbH personnel at his expense during work execution to the required extent and provide necessary assistance, such as site preparation, provision of tools and hoisting equipment, provision of water and electricity, use of toilet facilities, etc.
3) The buyer's assistance must ensure that Aqua Dreams GmbH work can be started immediately upon arrival of Aqua Dreams GmbH personnel and completed without delay until acceptance.
4) If the buyer fails to fulfill his obligations, Aqua Dreams GmbH is entitled but not obliged to perform the actions incumbent upon the buyer on his behalf and at his expense.
5) If a service cannot be provided for reasons not attributable to Aqua Dreams GmbH, services already provided by Aqua Dreams GmbH and expenses incurred must be offset by the buyer.
6) Parts replaced in the exchange process become the property of Aqua Dreams GmbH. Aqua Dreams GmbH reserves the right to waive its ownership of replaced parts at the buyer's expense.
7) If the service is lost before acceptance without fault of Aqua Dreams GmbH, the buyer must reimburse Aqua Dreams GmbH the price less saved expenses.
8) Only repair periods confirmed in writing by Aqua Dreams GmbH are binding.
9) For assemblies, repairs and other services, the buyer's right to reduce the purchase price is determined by statutory provisions. The right of reduction also exists in other cases of failed defect rectification. The buyer is only entitled to withdraw if he has demonstrably no interest in the assemblies, repairs and other services despite reduction.
10) Work services, parts used, materials and replacement substances are charged separately unless a lump sum price was agreed in writing at the time of order placement.
11) Payments must be made immediately after work execution net cash directly to us. Acceptance and recognition of our services occur by signature on the customer service order or corresponding form. If no such acceptance occurs, the service is deemed accepted upon expiration of 12 working days following written notification of service completion, but at the latest upon commissioning of the system, even if no written completion notice has been provided. Upon acceptance, risk passes to the Client.
12) Replaced parts become our property unless otherwise agreed at the time of order placement.
13) For service, assembly or repair work performed by our specialist personnel, our respective rates apply.
14) Cost estimates are only binding if issued in writing and designated as binding.

§ 9 Additional Conditions for Pool Covers
1) The substrate must be created laser-level (max. height difference +/- 2 mm per 3 m length). For tiles or slabs, joint width must not exceed 8 mm and joint depth must not exceed 1 mm. Wooden substrate, slabs laid in sand/grit or movable substrates are not suitable. Settlement and movement of the running rail substrate can disrupt proper pool cover function. To prevent this, the foundation should reach frost depth. Please note: For covers with a one-sided rail, wind protection is achieved by inserting/gluing metal threaded sleeves on the railless side into the ground. Metal eyelets attached to the segments are fixed with swivel cap screws in the threaded sleeves. Rollers can leave trace marks.
2) To avoid damaging the edge plates during assembly, it must be clarified on-site whether special drills (e.g. diamond drills) are needed for drilling. These drillings must be made by the buyer or the responsible tiler. If drills are provided by our installers and drillings are made by us, we will charge the corresponding additional costs (approx. €100.00 - €250.00). Damage to the edge plates resulting from failure to point out required special drills before assembly is not our responsibility.
3) Regarding wind and storms, the following must be observed: The cover must be secured with all locks. All other opening elements (doors and flaps) must be completely closed. To avoid damage from sudden gusts of wind, the cover should not remain open unattended for extended periods.
4) A special note: Pool covers must be cleared of snow or thawed during snowfall. Automatic thawing only occurs at +12°C interior temperature.

§ 10 Engagement of Subcontractors
1) Aqua Dreams GmbH is entitled to engage subcontractors with the buyer's consent for contract execution. The buyer may only refuse consent to engagement of a subcontractor if legitimate interests of the buyer are opposed.
2) In the event of engagement of a subcontractor, no direct contractual relationships arise between the subcontractor and the buyer. In relation to the buyer, Aqua Dreams GmbH remains solely responsible for execution of an individual contract.

§ 11 Notice in Accordance with Section 536 Consumer Dispute Resolution Act (VSBG)
We are neither willing nor obliged to participate in dispute resolution procedures before a consumer mediation office.

§ 12 Severability
If any provision or part of these General Terms and Conditions is unenforceable or conflicts with a mandatory provision, the validity and enforceability of the remaining provisions of these General Terms and Conditions as well as the validity and enforceability of the portion of the affected provision that is not unenforceable or conflicts with a mandatory provision remain unaffected. In such a case, the parties shall negotiate in good faith to replace the disputed or unenforceable provision with an enforceable and legally valid provision that comes as close as possible to the purpose and intent of the original provision.

§ 13 Governing Law and Legal Disputes
These General Terms and Conditions and all contracts between Aqua Dreams and the Customer (including resulting non-contractual obligations) are governed by German law. Venue is the seat of our principal place of business, insofar as legally permissible.


Notice: Publication of Construction Progress and Results
To document and present the quality and beauty of our work, we intend to photograph your project during progress and upon completion. These photographs may be used for marketing purposes including our website and social media such as Instagram. We guarantee that no personally identifiable information will be published without your express consent. Should you object to any already published content, please notify us in writing so we can remove the relevant content immediately.