Terms and Conditions

I. General Provisions

1. Seller / Service Provider – The online store AQUALAPKA, accessible at aqualapka.com, is operated by AQUALAPKA Inc., located at 254 Chapman RD Ste 209 Newark, Delaware, 19702, USA with Tax EIN – 922191242. Business address and address for deliveries: Aqualapka, 1664 DeMott Court, Merrick, New York, USA, 11566. Email contact: admin@aqualapka.com, phone number: +1 425 891 8809.

2. This Terms and Conditions document is intended for both consumers and entrepreneurs using the Online Store (with the exception of clause 9 of the Terms, which is exclusively for entrepreneurs).

3. The administrator of personal data processed in the Online Store in connection with implementing these Terms is the Seller. Personal data is processed for purposes, to the extent, and on the basis indicated in the privacy policy published on the Online Store website. The privacy policy details the principles of data processing, including the bases, purposes, and scope of personal data processing, as well as the rights of individuals whose data is processed. It also provides information about the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Customer or User of the Online Store is voluntary, with exceptions outlined in the privacy policy (for contract conclusion and the Seller’s statutory obligations).

4. Definitions:

• Business Day – Any day from Monday through Friday, excluding federal holidays.
• Registration Form – A form available on the Online Store enabling the creation of a user account.
• Order Form – An interactive electronic service available in the Online Store that allows customers to place orders, including adding products to an online shopping cart and specifying the terms of the Sales Agreement, such as delivery and payment options.
• Customer – (1) An individual of legal age with full capacity to enter into contracts, or in certain cases as permitted by law, an individual with limited legal capacity; (2) a legally recognized entity; or (3) an organizational unit without legal personality but granted legal capacity by law, who has entered into or intends to enter into a Sales Agreement with the Seller.
• Account – An electronic service, identifiable by a unique login and password chosen by the Service Recipient, consisting of a collection of resources within the Service Provider’s IT system, where data provided by the Service Recipient and details of Orders placed in the Online Store are stored.
• Product – A physical item available for purchase in the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
• Terms and Conditions – These terms and conditions governing the use of the Online Store.
• Online Store – The online store operated by the Service Provider, available at the web address: aqualapka.com.
• Seller / Service Provider – The online store AQUALAPKA, available at aqualapka.com, operated by AQUALAPKA Inc., located at 254 Chapman RD Ste 209, Newark, Delaware, 19702, USA, with Tax EIN – 922191242.
• Sales Agreement – A legally binding agreement for the sale of a Product between the Customer and the Seller, made through the Online Store.
• Electronic Service – A service provided electronically by the Service Provider to the Service Recipient via the Online Store.
• Service Recipient – (1) A natural person with legal capacity, and in cases provided by applicable regulations, a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity, using or intending to use the Electronic Service.
• Order – A statement of intent made by the Customer, using the Order Form, directed toward entering into a Product Sales Agreement with the Seller.

II. Electronic Services in the Online Store

1. The following Electronic Services are available in the Online Store: Account, Order Form.

a) Account – using the Account is possible after the Service Recipient completes two consecutive steps: filling out the Registration Form and clicking the “Register” button. In the Account, the Service Recipient can provide the following data: first and last name, display name, company name (optional), billing and shipping address (street, house/apartment number, postal code, city, country), email address, phone number, payment methods, and password.

b) The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient can delete their Account (cancel the Account) at any time and without providing a reason by sending a relevant request to the Service Provider via email at: admin@aqualapka.com.

c) Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order is completed after the Customer performs two consecutive steps by filling out the Order Form and then clicking the “BUY and PAY” button on the Online Store website.

d) The Electronic Service Order Form is provided free of charge, is one-time in nature, and concludes when the Order is placed through it or when the Service Recipient ceases to place an Order through it.

2. Technical requirements necessary to interact with the Service Provider’s ICT system:

a) A computer, laptop, mobile phone, tablet, or other multimedia device with Internet access.

b) Access to email.

c) Internet browser: Firefox, Safari, Opera, Chrome, Edge.

3. The Service Recipient is required to use the Online Store in a lawful manner and in accordance with good practices, respecting the personal rights, copyright, and intellectual property rights of the Service Provider and third parties. The Service Recipient is required to enter accurate data. It is prohibited for the Service Recipient to provide content of an unlawful nature.

4. Complaint Procedure

• Submitting Complaints
  Complaints regarding the provision of Electronic Services by the Service Provider, as well as other concerns related to the Online Store’s operation (excluding Product-related complaints as specified in sections 6 and 7 of these Terms and Conditions), may be submitted by the Service Recipient via email to: admin@aqualapka.com.
• Recommended Information for Complaints
  While not required, it is recommended that the Service Recipient includes the following information in their complaint to facilitate timely processing:
  • Details regarding the complaint, including the type of issue and the date it occurred.
  • The Service Recipient’s specific request or desired resolution.
  • Contact details of the individual submitting the complaint.
• Response Time
  The Service Provider will respond to complaints promptly and no later than 14 calendar days from the date the complaint is received.

III. Terms for Concluding a Sales Agreement

1. Agreement Formation
A Sales Agreement between the Customer and the Seller is established when the Customer places an Order via the Order Form on the Online Store, as described in section 2.1.3 of these Terms and Conditions.

2. Product Pricing and Costs
The price of each Product displayed on the Online Store is listed in USD and may be subject to applicable taxes. During the Order placement process, the Customer will be informed of the total price for the Product(s) in the Order, including applicable taxes and any delivery charges (such as shipping, transportation, or postal fees). If exact amounts for some charges cannot be determined in advance, the Customer will be notified of any such obligations on the Online Store website before placing the Order.

3. Procedure for Concluding a Sales Agreement in the Online Store

a) The Sales Agreement is formed when the Customer places an Order in the Online Store, per section 2.1.3 of these Terms and Conditions.

b) After receiving the Order, the Seller promptly sends an email confirmation to the Customer’s provided email address, indicating that the Order has been received and accepted for processing. This email includes a confirmation of the Sales Agreement’s formation, along with the Seller’s statement regarding the Order receipt and acceptance. The Sales Agreement is considered concluded when the Customer receives this confirmation email.

c) The content of the Sales Agreement is provided to the Customer by making these Terms and Conditions available on the Online Store website and by sending the confirmation email referred to in section 3.3.2 to the Customer.

d) The terms of the Sales Agreement are recorded, secured, and stored in the Seller’s Online Store information system.

IV. Payment Methods and Deadlines for the Product

1. The Seller offers the Customer the following payment methods for the Sales Agreement:

a) Credit card payment.

b) Payment via PayPal/Stripe.

2. The Customer is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement.

V. Delivery Cost, Methods, and Time

1. Product delivery is available within the territory of the United States of America.

2 Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs (including charges for transportation, delivery, and postal services) are indicated to the Customer on the Online Store website during the Order process, including when the Customer expresses the intention to enter into the Sales Agreement.

3. The Seller provides the Customer with the following Product delivery methods:

a) Courier delivery.

b) Delivery to a pickup point (parcel lockers).

4. The delivery time of the Product to the Customer is up to 3 Business Days unless a shorter period is specified in the Product description or during the Order process. The start of the delivery time is counted from the date of crediting the Seller’s bank account or settlement account.

5. If the ordered product is out of stock (e.g., missing size, missing color), the Seller will inform the Customer about the extended delivery period and offer the option to cancel the Order at the Customer’s request.

VI. Complaints

1. The basis and scope of the Seller’s liability to the Customer, if the sold Product has a physical or legal defect (warranty), are defined by applicable US law, particularly the Uniform Commercial Code (UCC) or relevant state consumer protection laws.

2. The Seller is obligated to deliver the Product to the Customer free of defects.

3. To submit a complaint, the Customer should email: admin@aqualapka.com.

4. To facilitate efficient complaint processing, it is recommended that the Customer provide the following details in their complaint:

a) Information and circumstances related to the complaint, especially the type and date of occurrence of the defect.

b) A request for the preferred resolution, such as replacement, repair, price adjustment, or cancellation of the Sales Agreement.

c) Contact details of the complainant, for efficient processing by the Seller.

5. The information requested above is a recommendation only and does not affect the validity of complaints that do not include all suggested details.

6. The Seller will respond to the Customer’s complaint promptly, within 14 calendar days of receipt. If the Customer (in cases where the Customer is a consumer) has requested replacement or repair of the Product, or issued a statement requesting a price reduction, and the Seller has not responded within the 14-day period, the Customer’s request is considered accepted.

7. A Customer asserting warranty rights must deliver the defective Product to the following address: Aqualapka, 1664 DeMott Court, Merrick, New York, USA, 11566. If the Customer is a consumer, the Seller will bear the cost of delivery. If the Customer is not a consumer, delivery costs will be the Customer’s responsibility. In cases where Product type or installation renders Customer delivery overly difficult, the Customer must make the Product available to the Seller at its current location.

VII. Out-of-Court Methods of Resolving Complaints and Claims, and Access to These Procedures

1. Detailed information regarding the possibility for a customer who is a consumer to use out-of-court methods of resolving complaints and pursuing claims, as well as the rules for access to these procedures, is available through the Federal Trade Commission (FTC) website at: https://www.consumer.ftc.gov.

2. Consumers have the following options for resolving disputes without going to court:

a) Mediation or Arbitration: Consumers may seek dispute resolution through mediation or arbitration. Information on arbitration options can be found on the American Arbitration Association (AAA) website at https://www.adr.org.

b) State Consumer Protection Offices: Consumers may contact their state’s consumer protection office, which can assist with out-of-court dispute resolution. Contact information for each state’s office is available on the FTC’s website or through the National Association of Attorneys General (NAAG) at https://www.naag.org.

c) Consumer Protection Organizations: Consumers can also seek assistance from consumer protection organizations such as the Consumer Federation of America (CFA) or the National Consumer Law Center (NCLC), which offer advice and support for resolving disputes.

d) Better Business Bureau (BBB): Consumers may file complaints through the BBB, which provides a dispute resolution process for complaints related to businesses. More information is available at https://www.bbb.org.

e) Online Dispute Resolution (ODR): The EU’s Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr, providing a multilingual, interactive service for consumers and businesses to resolve disputes arising from online transactions. Although primarily for EU disputes, US consumers and businesses may also find resources and guidance on similar platforms available through the FTC or BBB.

3. Consumers may also contact the Consumer Financial Protection Bureau (CFPB) for assistance with financial-related disputes, available at https://www.consumerfinance.gov.

VIII. Right of Withdrawal from the Agreement

1. Under US law, a consumer who has entered into an online or distance contract with the Seller may withdraw from it within 14 calendar days without providing a reason and without incurring costs, except for those specified below. To meet the deadline, it is sufficient for the consumer to send a withdrawal statement before the period expires. The withdrawal statement should be submitted electronically via email to: admin@aqualapka.com.

2. A sample withdrawal form is provided with the agreement, which the consumer may use but is not required to do so.

3. The withdrawal period begins:

a) For contracts where the Seller delivers the Product and transfers its ownership (such as a Sales Agreement):

• • upon the consumer or a third party designated by the consumer (other than the carrier) taking possession of the Product;
  • for multiple Products delivered separately or in parts – upon receipt of the final Product or part;
  • for regular Product deliveries over a specified period – upon receipt of the first Product.

b) For other contracts, the period begins on the contract date.

4. Upon withdrawal from the contract, it is considered void. The Seller must promptly, within 14 calendar days of receiving the withdrawal statement, refund all payments made by the consumer, including the cost of standard delivery (excluding extra costs from non-standard delivery options chosen by the Customer). Refunds will be made by the same payment method unless the consumer agrees to another refund method with no added costs. If the Seller does not collect the Product from the consumer, the refund may be withheld until the Product is returned or the consumer provides proof of return, whichever occurs first.

5. The consumer must return the Product to the Seller or to an authorized representative within 14 calendar days of withdrawal, unless the Seller has arranged to collect it. Timely shipping of the Product satisfies this obligation. Returns should be sent to the following address: Aqualapka Inc, 1664 DeMott Court, Merrick, New York, USA, 11566.

6. The consumer is responsible for any reduction in the Product’s value resulting from use beyond what is necessary to determine its nature, features, and functioning.

Possible costs related to the consumer’s withdrawal from the agreement:

a) If the consumer selected a delivery method other than the cheapest standard option, the Seller is not required to refund any additional costs incurred by the consumer.

b) The consumer is responsible for the direct cost of returning the Product.

c) For services that began at the consumer’s express request before the end of the withdrawal period, the consumer is responsible for payment proportional to the service provided up to the withdrawal date. The amount owed will be based on the agreed price or, if excessive, the market value of the provided service.

IX. Provisions Concerning Business Entities

The provisions in this section apply solely to Clients and Service Users who are not considered consumers under U.S. law.

1. Right of Withdrawal
The Seller reserves the right to cancel the Sales Agreement with a Client who is not a consumer within 14 calendar days of the agreement date. Cancellation in this context does not require a stated reason, and the Client is not entitled to any claims or compensation due to the cancellation.

2. Payment Restrictions
For Clients who are not consumers, the Seller may limit the available payment options, including requiring full or partial prepayment, regardless of the payment method chosen or the prior conclusion of the Sales Agreement.

3. Transfer of Risk
Once the Product is handed over to the carrier, all risks and responsibilities associated with the Product, including the risk of accidental loss or damage, transfer to the Client. The Seller assumes no responsibility for any loss, damage, or delay to the Product that occurs from the moment it is handed over to the carrier until its delivery to the Client.

4. Inspection Obligations
If a Product is shipped to a Client via carrier, the Client who is not a consumer is responsible for inspecting the shipment promptly and in accordance with standard practices for such deliveries. If loss or damage is detected during transport, the Client must take all necessary steps to establish the carrier’s liability.

5. Warranty Liability Exclusion
The Seller’s liability for any implied warranty concerning the Product is expressly excluded for Clients who are not consumers.

6. Immediate Termination of Service
The Service Provider may terminate an electronic service agreement with a Client who is not a consumer immediately, without providing reasons, by issuing a formal notice.

7. Limitation of Liability
The liability of the Service Provider/Seller to a Client who is not a consumer, regardless of the legal basis, is limited to the total paid price and delivery costs under the Sales Agreement, with a maximum liability cap of $250. The Service Provider/Seller is responsible only for typical damages foreseeable at the time of the agreement and is not liable for any lost profits for non-consumer Clients.

8. Jurisdiction
Any disputes between the Seller/Service Provider and a Client who is not a consumer shall be subject to the jurisdiction of the state or federal court located within the Seller/Service Provider’s principal place of business.