Terms & Conditions
Article 1. Parties to the present agreement
The Company waterdrop microdrink GmbH, registered in the Trade and Companies Registry of Vienna under the number FN 449685b, having its registered office at Laimgrubengasse 14, 1060 Vienna, Austria and having the VAT number ATU70582489.
Hereinafter referred to as the “Seller”, on the one hand,
Any natural person or business wishing to make a purchase on the Seller’s website. Hereinafter referred to as the “Buyer”, on the other hand.
It has been agreed as follows:
Article 2. Object
The Seller’s activities include the production and online sale of “microdrinks” and associated accessories and products (hereinafter referred to as the “Product”) that provide a great alternative to traditional flavoured beverages.
The Buyer and the Seller agree that their relationship, as well as the access and use of the https://it.waterdrop.com/ website (hereinafter referred to as the “Site”), shall be governed exclusively by:
- these General Terms and Conditions of Sale (the “Terms”), to the exclusion of any other conditions. For the avoidance of doubt, these Terms shall prevail, where applicable, over any other version of these Terms, document or any other terms and conditions;
- the Legal Information; and
- any applicable laws and/or regulations.
The purchase of a Product on the Seller’s Site implies the Buyer’s unreserved knowledge and acceptance of these Terms.
The Buyer undertakes not to use the Site in any way which it is not intended to be used for and not to do anything, or omit to do anything, that distorts the Site or the selling of the Products online.
The Seller may amend these Terms at any time. In case of amendment, the applicable Terms are those in force on the date of the order placed by the Buyer, a dated copy of which can be provided to the Buyer at their request.
The fact that the Seller does not claim the application of a clause of the Terms or accepts its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Seller of its rights which derive from said clause.
The Terms were updated on the 1st of July 2020. This edition shall prevail over any other version of the terms and conditions previously in existence.
Article 3. Definitions
Product: refers to the products on sale on the Site, within the limits of available stocks. The photographs cannot ensure a perfect similarity with the product offered.
B2B Buyer refers to a Buyer that is a business.
Delivery: refers to the process of sending/transferring to the Buyer the physical possession or control of the Product.
Site: refers to the infrastructure developed by the Seller in computer formats which can be used on the Internet, including data of various kinds, and in particular texts, sounds, static or animated images, videos, databases, intended to be consulted by the Buyer to know more about the products and services and if relevant to make a purchase. The Site is available at the following URL address: https://eu.waterdrop.com/.
Internet: refers to different networks of servers located in different locations around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
Article 4. Price
The prices of the Products offered for sale on the Site are indicated in Euro (€) inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated. For the avoidance of doubt, the prices on the Site are excluding processing and Delivery costs of the Products.
All orders are payable in Euro (€).
Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Similarly, if one or more taxes or contributions are instituted or modified, either upward or downward, this change may be reflected in the selling price of the Products on the Site.
In case orders are shipped to a country outside Germany, the Buyer is considered as an importer of the Product, customs duties or local taxes or import duties or state taxes are then likely to be charged to him. These rights or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organisations.
The Seller reserves the right to modify at any time the prices of the Products sold on the Site. The Seller will invoice the Buyer for the Product on the basis of the price applicable at the time the order is confirmed and subject to the availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, but cannot guarantee that they are absolutely error-free. If an error in the price of a Product should occur, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered cancelled.
Article 5. Order
The Buyer has the opportunity to browse the Site and order Products offered for sale on the Site, subject to availability.
When an order is made, the contractual information is presented by the Seller in English and is confirmed by the Buyer when the order is validated.
The Buyer who wishes to purchase a Product by ordering on the Site must complete an identification form on which he must provide the following information:
- Email address;
- First and last name;
- Postal address;
- Telephone number; and
- Payment information.
All personal data collected during the order will be processed in accordance with Article 15.
The Buyer with a Client Account (see Article 14) who wishes to order a Product is exempt from completing the identification form (excluding payment information) and can therefore order faster.
Article 6. Validity and validation
By placing an order on the Site, the Buyer accepts these Terms in full, without exception or reservation.
A summary of the Product ordered is communicated by the Seller to the Buyer after the order is placed at the e-mail address indicated on the Buyer’s identification form.
The summary of the Product order includes the following information:
- a summary of the Products ordered;
- the total price for the Products ordered;
- the date and time of the order;
- the date or period by which the Seller undertakes to deliver the Products;
- the Delivery costs for the delivery of the Products;
- the payment method chosen by the Buyer; and
- the withdrawal period for the Buyer and the way to exercise this right.
The Buyer shall promptly check the contents of the summary and immediately notify the Seller of any errors or omissions.
The order confirmation is equivalent to signature and acceptance of the transaction by the Buyer and the Seller.
The recorded confirmation of the order and all the data transmitted during the order are considered proof of the transaction.
In the event the order was fraudulently placed, the Buyer may, as soon as this use is noticed, contact the Seller’s customer service as quickly as possible to notify the Seller of such fraudulent order.
It is expressly agreed that, unless there is a manifest error on Seller’s part, the data stored in the Seller’s computer systems, under reasonable conditions of security, shall be probative with regard to orders made by the Buyer. Data in electronic or computerized form constitute valid evidence and, as such, are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
The Seller undertakes to fulfil the orders placed on the Site only within the limits of the available Product stocks. If the Products are not available, the Seller undertakes to inform the Buyer as soon as reasonably possible.
The Seller may refuse orders if the quantities of Products are abnormally high for Buyers who are private consumers.
Notwithstanding the above, in the case of a B2B Buyer the Seller will be free of any liability provided the delivered order matches the order confirmation sent to the B2B Buyer.
Article 7. Payment
The validation of the Products order implies for the Buyer the obligation to pay the price indicated on the order confirmation.
The Buyer must pay for their order by credit card (Debit card, Visa, Eurocard, MasterCard) or via PayPal, ApplePay, Google Pay, Amazon Pay or Klarna the time the order is placed. In the case of a B2B Buyer, it may ask the Seller to pay their order via wire transfer, at the Seller’s discretion.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:
Invoice: The payment period is 14 days from the date of dispatch of the goods.
Installment purchase: With Klarna's financing service you can pay for your purchase in fixed or flexible monthly installments according to the conditions indicated in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. For more information about instalment purchases including the General Terms and Conditions and the Standard European Consumer Credit Information for the countries where this payment method is available, please click here.
Article 8. Availability
The Products are offered by the Seller on the Site within the limits of available stocks and their eventual shelf-life. For Products not stocked, offers are valid subject to availability.
In the event of unavailability of a Product after the order has been placed and accepted, the Seller will inform the Buyer by e-mail as soon as reasonably possible. The Buyer may then cancel the order.
Article 9. Transfer of ownership
The products remain the Seller’s sole property until full payment of the price has been received by the Seller.
The transfer of ownership of the ordered Product takes place at the time of the physical transfer of the Product to the Buyer, the risks of loss or damage to the Products are transferred from the Seller to the Buyer upon dispatch of the Products by the Seller.
Article 10. Delivery
The Delivery is made to the address as set out in the Buyer’s order form.
The Delivery times indicated on the Site are average times. The Seller shall make every effort to comply with these deadlines.
The Delivery time of the order may vary according to the Delivery method chosen by the Buyer.
The Products shall be shipped by the Seller to the Delivery address given by the Buyer during the ordering process.
In the event of a delay in Delivery, an email will be sent to the Buyer to inform them of this delay and the possible consequence on the indicated Delivery time.
Delivery is free within the United Kingdom for all orders over £60.
After payment of an order, a tracking number for the order will be sent to the Buyer to the email address indicated.
The Seller will not be responsible for any delay in Delivery due to the Buyer’s unavailability for delivery.
At the time of Product Delivery, the Buyer is required to check that:
- the number of packages delivered matches the information in the transport document and the invoice; and
- the packaging is intact, undamaged, not wet nor altered in any way, including for the materials used to close the package.
The Buyer must immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-compliance of the information in the transport document, by submitting a written control reserve on the Delivery receipt.After signing the Delivery receipt, the Buyer may not raise any dispute regarding the external appearance of the Delivery packaging.
Article 11. Rescission
The order of Products can be rescinded by the Buyer in case of:
- delivery of a Product that does not comply with the stated characteristics of the Product;
- a Price increase that is not justified by a technical modification of the Product imposed by the public authorities; or
- delivery occurs after the deadline set out in the order form or, in the absence of such a deadline, after thirty days following the acceptance of the order by the Seller.
The order of Products can be rescinded by the Seller in case of:
- refusal of the Buyer to take the Delivery; or
- non-payment of the price at the time of order validation.
Article 12. Withdrawal
The Buyer has a withdrawal period of fourteen (14) days from the date of Delivery of their order to return the Product to the Seller for exchange or refund without penalty, with the exception of the return costs, which shall be the responsibility of the Buyer.
To exercise the right of withdrawal, the Buyer must inform the Seller of wanting to exercise that right by email or by mail within fourteen (14) days from the date of Delivery. The Buyer can use the following withdrawal form, however its use by the Buyer is not mandatory.
(If you want to cancel the contract, please fill out the following form and send it to waterdrop® Microdrink GmbH, Laimgrubengasse 14, 1060 Vienna, e-mail: firstname.lastname@example.org)
To waterdrop® Microdrink GmbH, Laimgrubengasse 14, 1060 Vienna, e-mail: email@example.com:
I hereby give notice that I withdraw from the contract of sale of the following goods
Ordered on (*)
Name of consumer(s)
Address of consumer(s)
(*) Delete as appropriate
Any return must be reported in advance to the Seller’s customer service department:
- by e-mail: firstname.lastname@example.org
- or by phone: 0800 031 80 29
Returns must be made in their original and complete condition (packaging, accessories, instructions) and must include the original purchase invoice. Returns must be made as soon as possible and, at the very latest, within fourteen (14) days following the communication of the Buyer’s decision to withdraw from the contract.
Returns are made to the following address:
Waterdrop Microdrink GmbH
Any damage to the Product during its return is the Buyer’s responsibility and may, at the Seller’s sole discretion, be of such a nature as to invalidate the Buyer’s right of withdrawal.
In the event of a return which satisfies the conditions set out above, the Seller will refund the Buyer the sums paid for the product, including Delivery costs, upon receipt of the returned Products.
The refund will be made using the same method of payment as the one used by the Buyer in the initial transaction, unless the Buyer expressly agrees to use another method of payment. The Seller is not obliged to refund the additional costs if the Buyer has expressly chosen a more expensive Delivery method than the standard Delivery method offered by the Seller.
The right of withdrawal granted in case of remote selling may not apply in particular to the following contracts:
- supply of goods that are likely to be deteriorated or expire quickly; or
- supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for hygiene or health protection reasons.
In case of a Product exchange, the shipment of the Product from the Buyer to the Seller and the reshipment of the new Product will be at the Buyer’s sole expense.
Notwithstanding the above, in the case of a B2B Buyer, it may not withdraw their order after the order confirmation has been sent if their order has been personalized (i.e. includes non-standard products or engravings for example).
Article 13. Warranties
All Products available for order on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects.
The Products must be returned by the Buyer in the condition in which he received them with all the elements (accessories, packaging, instructions, etc.), as well as with the invoice justifying payment. Delivery costs will be refunded to the Buyer by the Seller on the basis of the invoiced rate and return costs will be refunded to the Buyer by the Seller upon presentation of supporting documents.
The provisions of this article do not prevent the Buyer from benefiting of the withdrawal right provided by Article 12.
The Seller warrants that there are no hidden defects in the Products which make the Product unfit for the purposes for which they were intended.
Any action by the Buyer against the Seller resulting from hidden defects must be brought within two years from the discovery of the defect.
The Seller warrants that the goods will be in conformity with the contract and will be liable for any lack of conformity existing at the time of delivery.
Article 14. Customer account
The Buyer can create a customer account that gives them access to many advantages, including: (i) order faster; and (ii) register different addresses.
To create a customer account, the Buyer must provide the following information:
- first and last name;
- e-mail address; and
- a password.
The Buyer has the possibility to create an account with their Facebook or Google account.
The Buyer with a customer account is required to log in to order Products on the Site.
If the account becomes inaccessible to the account holder, the account holder may report it to the Seller’s services by contacting customer service.
15. waterdrop® CLUB
Refer friends: The number of referrals is limited to 5 referrals per month (enables your friends to save €5. Only valid for new customers and on orders over €35), any points for further referrals will expire. Under no circumstances may the individual codes and links be distributed on third-party platforms. waterdrop® reserves the right to disable customer accounts that violate this rule, as well as any points and open orders.
Any accumulated points expire if no new order is placed with the respective account for one year (12 months).
Article 16. Personal data
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the Buyer’s personal information may be processed by the Seller.
The processing of some of the Buyer’s personal data is mandatory in order to: (i) process the orders of the Products placed by the Buyer; (ii) create a customer account; and (iii) subscribe to the newsletter.
Article 17. Cookies
When surfing on the Site, the Buyer is asked to consent to the use of persistent and non-persistent cookies by the Seller.
Article 18. Intellectual property
All the elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, shape marks, copyrights, patent and trade name in the Site, the Product or any material on the Site or of the Seller, are and remain the exclusive property of the Seller.
Unless otherwise specified, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller. The Seller does not grant any license or any right to the Buyer other than the right to browse the Site and place orders for Products.
The reproduction of any page or content of the Site by the Buyer or any third party is subject to prior written authorisation by the Seller. The reproduction of any page, content or documents published on the Site is only authorised for the exclusive purpose of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited by the Seller.
It is prohibited for a Buyer to use any trademarks, images, brand name or other intellectual property rights of the Seller for any purposes.
It is prohibited to copy, modify, create a derivative work, reverse the design or assemblage or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any rights relating to the Site.
It is prohibited to modify the Site or use modified versions of the Site and in particular (without this list being exhaustive) in order to obtain unauthorised access to the Site and to access the Site by any means other than through the interface provided to the Buyer by the Seller for this purpose.
The Buyer who has a personal website and who wishes to put, for personal use, a link directly to the Site on their website, must request prior written authorisation from the Seller, who has the right to refuse it without specific reason.
Any unauthorised links to the Site, pursuant to clause 17.7, must be removed immediately at the Seller’s request.
Article 19. Confidentiality
The Site and any software used in connection with it may contain confidential information protected by applicable intellectual property rights or any other law.
Article 20. Liability
The Seller is not liable in the event of non-compliance with the legislation of a third country to which the Product is shipped. It is the Buyer’s responsibility to consult the local authorities about the possibility of importing or using the Products ordered.
The Seller will not be liable for any damage resulting from misuse of the Product by the Buyer or any third party. The parties agree that the total aggregate liability of the Seller shall be the price paid by the Buyer for the order.
The nutritional composition of each Product is clearly displayed on the Site, as well as on each order and on the Products, the Seller is not responsible for any intolerances or allergies of the Buyer.
The Seller is not liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site.
The Seller will not be liable in case any non-performance of its obligations would be attributable either to: (i) the unforeseeable and insurmountable circumstance of a third party to the contract; or (ii) a case of force majeure.
Article 21. Force majeure
Neither party shall be liable to the other party in the event of a force majeure event, due to external causes such as industrial disputes, pandemics or epidemics, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive.
Article 22. Archiving and proof
The Seller archives the purchase orders and invoices on a reliable and durable storage media.
The Seller’s computerized records shall be considered by all parties involved as proof of communications, orders, payments and transactions between the parties.
Article 23. Litigation
In case of a dispute, the Buyer must first contact the Seller’s customer service department by e-mail (email@example.com) or by mail (Laimgrubengasse 14, 1060 Vienna, Austria).
In the case of failure to resolve the complaint of via the customer service department, or in the absence of a response from the customer service department within two months of receipt of the customer service department of the complaint, the Buyer may submit the dispute to the International Court of Arbitration,) which will attempt, in complete independence and impartiality, to bring the parties together in order to reach a solution.
The Buyer and the Seller remain free to accept or refuse the use of dispute resolution through mediation as well as to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, the relevant court to resolve the dispute is the court of Austria.
The language of these Terms is English. These Terms, and any contracts or disputes arising out of or in relation to these terms are subject to Austrian law.
Article 24. Duration
These Terms apply throughout the period during which the Products offered for sale by the Seller are available online.
Article 25. Invalidity
If any of the clauses of these Terms should be deemed invalid with regard to a rule in force or a court decision that has become final, it shall then be deemed unwritten, without however causing the invalidity of all the Terms or altering the validity of the other provisions thereof.