Terms and Conditions

I. General Provisions

  1. Seller/Service Provider – The online store AQUALAPKAWATER, accessible at aqualapkawater.com, is operated by AQUALAPKA Inc., located at 254 Chapman RD Ste 209, Newark, Delaware, 19702, USA, with Tax EIN 922191242. For deliveries and business correspondence: Aqualapka, 1664 DeMott Court, Merrick, New York, USA, 11566. Contact us at: admin@aqualapkawater.com or +1 425 891 8809.

  2. Scope – These Terms and Conditions apply to both consumers and businesses using the Online Store, except for Section IX, which applies exclusively to businesses.

  3. Data Privacy – AQUALAPKA Inc. manages personal data processed through the Online Store as outlined in our Privacy Policy, available on aqualapkawater.com. The Privacy Policy explains data processing purposes, scope, legal bases, customer rights, and the use of cookies and analytics tools. Using the Online Store, including making purchases, is voluntary, as is providing personal data, except where required for contracts or legal obligations (see Privacy Policy for details).

  4. Definitions:

    • Business Day: Monday to Friday, excluding U.S. federal holidays.

    • Registration Form: A form on the Online Store for creating a user account.

    • Order Form: An online tool allowing customers to place orders, add products to a cart, and specify delivery and payment terms.

    • Customer: (1) An individual of legal age with full legal capacity, or as permitted by law, an individual with limited capacity; (2) a legal entity; or (3) an organizational unit with legal capacity, entering or intending to enter a Sales Agreement with the Seller.

    • Account: A free electronic service with a unique login and password, storing user data and order history.

    • Product: A pet wellness item (e.g., drinks, tinctures) available for purchase in the Online Store, forming the subject of a Sales Agreement.

    • Terms and Conditions: This document governing the use of the Online Store.

    • Online Store: AQUALAPKAWATER’s online platform at aqualapkawater.com.

    • Seller/Service Provider: AQUALAPKA Inc., as defined in Section I.1.

    • Sales Agreement: A contract for the sale of a Product between the Customer and Seller via the Online Store.

    • Electronic Service: Services provided electronically by the Seller (e.g., Account, Order Form).

    • Service Recipient: (1) A natural person with legal capacity, or as permitted by law, with limited capacity; (2) a legal entity; or (3) an organizational unit with legal capacity, using or intending to use an Electronic Service.

    • Order: A Customer’s intent to purchase a Product, submitted via the Order Form.

II. Electronic Services

  1. Available Services: The Online Store offers the following Electronic Services: Account and Order Form.
    a) Account – To create an Account, complete the Registration Form and click “Register.” You can provide: name, display name, company (optional), billing/shipping address, email, phone, payment methods, and password. The Account service is free, indefinite, and can be deleted at any time by emailing admin@aqualapkawater.com.
    b) Order Form – Starts when a Customer adds a Product to the cart. An Order is placed after completing the Order Form and clicking “BUY and PAY.” This service is free, single-use, and ends when the Order is placed or abandoned.

  2. Technical Requirements:

    • Device with internet access (e.g., computer, phone, tablet).

    • Email access.

    • Supported browsers: Firefox, Safari, Opera, Chrome, Edge.

  3. Usage Rules: Use the Online Store lawfully, respecting the Seller’s and third parties’ rights (e.g., intellectual property). Provide accurate data and refrain from submitting unlawful content.

  4. Complaints About Electronic Services:

    • Submit complaints via email to admin@aqualapkawater.com.

    • Suggested details: description of the issue, date of occurrence, your request, and contact information.

    • We’ll respond within 14 calendar days of receiving the complaint.

III. Sales Agreement Terms

  1. How It Works: A Sales Agreement is formed when a Customer places an Order via the Order Form (see Section II.1.b).
    a) After placing an Order, the Seller sends a confirmation email to the Customer, confirming receipt and acceptance. The Sales Agreement is finalized upon receipt of this email.
    b) The Terms and Conditions are available on the website, and the confirmation email includes the Sales Agreement details.
    c) Sales Agreement records are securely stored in the Seller’s system.

  2. Pricing: Product prices are in USD, inclusive of applicable taxes. During the Order process, the total cost, including taxes and delivery fees, will be displayed. If exact delivery fees can’t be determined upfront, this obligation will be noted before Order placement.

IV. Payment Methods

  1. Options:

    • Credit card.

    • PayPal/Stripe.

  2. Deadline: Payment must be made within 7 calendar days of concluding the Sales Agreement.

V. Delivery

  1. Availability: Delivery is available within the United States.

  2. Costs: Delivery fees (e.g., shipping, courier) are shown during the Order process, unless the Sales Agreement specifies free delivery.

  3. Methods:

    • Courier delivery.

    • Pickup point (parcel lockers).

  4. Time: Delivery takes up to 3 Business Days from the date payment is credited to the Seller’s account, unless a shorter time is specified in the Product description or during the Order process.

  5. Delays: If a Product is out of stock (e.g., missing size/color), the Seller will notify the Customer of the delay and offer the option to cancel the Order.

VI. Product Complaints

  1. Warranty: The Seller is liable for Product defects under U.S. law (e.g., Uniform Commercial Code, state consumer laws). Products must be delivered free of defects.

  2. Filing a Complaint: Email admin@aqualapkawater.com.

    • Suggested details: defect description, date of occurrence, preferred resolution (e.g., replacement, repair, refund), and your contact information.

    • Complaints without these details are still valid.

  3. Response: The Seller will respond within 14 calendar days. For consumer complaints requesting replacement, repair, or price reduction, if no response is given within 14 days, the request is deemed accepted.

  4. Returns: Send defective Products to Aqualapka, 1664 DeMott Court, Merrick, New York, USA, 11566. Consumers’ return costs are covered by the Seller; non-consumers bear their own costs. If returning a Product is impractical, make it available for the Seller to inspect.

VII. Out-of-Court Dispute Resolution

  1. Options for Consumers:

    • Mediation/Arbitration: Visit the American Arbitration Association at adr.org.

    • State Consumer Protection Offices: Find contacts via the FTC (consumer.ftc.gov) or NAAG (naag.org).

    • Consumer Organizations: Seek help from the Consumer Federation of America or National Consumer Law Center.

    • Better Business Bureau (BBB): File complaints at bbb.org.

    • Online Dispute Resolution: Explore resources at ec.europa.eu/consumers/odr (EU-focused but useful for guidance).

  2. Financial Disputes: Contact the Consumer Financial Protection Bureau at consumerfinance.gov.

VIII. Right of Withdrawal (Consumers)

  1. Policy: Consumers may withdraw from a Sales Agreement within 14 calendar days without reason, except for costs below. Email your withdrawal statement to admin@aqualapkawater.com before the deadline.

  2. Withdrawal Period: Starts when the Product is received (or the last Product for multiple deliveries; first Product for recurring deliveries). For other contracts, it starts on the contract date.

  3. Process: Upon withdrawal, the contract is void. The Seller refunds all payments, including standard delivery costs, within 14 days of receiving the withdrawal statement, using the original payment method (unless otherwise agreed). Refunds may be withheld until the Product is returned or proof of return is provided.

  4. Returns: Return Products within 14 days to Aqualapka Inc., 1664 DeMott Court, Merrick, New York, USA, 11566, unless the Seller arranges pickup.

  5. Consumer Costs:

    • You bear the cost of returning the Product.

    • Non-standard delivery costs (beyond the cheapest option) are not refunded.

    • You’re liable for any diminished Product value from excessive use beyond testing its features.

IX. Business-Specific Provisions

  1. Cancellation: The Seller may cancel a Sales Agreement with a non-consumer within 14 days without reason, with no liability.

  2. Payments: The Seller may limit payment options for non-consumers, including requiring prepayment.

  3. Risk: Non-consumers assume all risks (e.g., loss, damage) once the Product is handed to the carrier.

  4. Inspection: Non-consumers must inspect deliveries and address carrier-related issues.

  5. Warranty: Implied warranties are excluded for non-consumers.

  6. Termination: The Seller may terminate electronic services for non-consumers immediately without reason.

  7. Liability: Seller liability to non-consumers is capped at the Order’s total cost (max $250), covering only typical, foreseeable damages, excluding lost profits.

  8. Jurisdiction: Disputes with non-consumers are subject to courts at the Seller’s principal place of business.

X. Final Provisions

  1. Language: All agreements are in English.

  2. Amendments: The Seller may update these Terms for valid reasons (e.g., legal changes, payment/delivery updates).

    • For ongoing services (e.g., Accounts), updates apply if you’re notified and don’t terminate within 14 days. Consumers may withdraw if updates introduce/increase fees.

    • For one-time agreements (e.g., Sales), updates don’t affect prior Orders or rights.

  3. Governing Law: U.S. federal and state laws apply, including those on electronic services and consumer rights.