TERMS OF SERVICE AND CONSUMER INFORMATION Last Updated: May 24, 2026
I. TERMS OF SERVICE
Section 1 – Scope and General Provisions
(1) These Terms of Service ("Terms") govern the contractual relationship between you (the "Customer" or "you") and Peter Dunz ("we," "us," or "our") for all purchases made through the website aquavyx.com. By accessing or using our website and purchasing our products, you agree to be bound by these Terms. Any conflicting, additional, or alternative terms provided by you are explicitly rejected unless expressly agreed to by us in writing.
(2) For the purposes of these Terms, a "Consumer" is any natural person who enters into a transaction primarily for personal, family, or household purposes. A "Commercial Customer" or "Merchant" is any natural or legal person, or a legally capable partnership, acting in the exercise of their independent professional or commercial activity when concluding a transaction.
Section 2 – Formation of Contract
(1) The subject matter of the contract is the sale of consumer goods, specifically polarized performance eyewear and related angling accessories.
(2) The display of products on our online store constitutes an invitation to purchase. A binding contract is formed only upon our confirmation of your order via email.
(3) The contract is finalized through our online shopping cart system via the following steps:
- Items are placed into your virtual Cart, which you may review and modify at any time.
- After clicking "Checkout" or an equivalent button and entering your shipping, billing, and payment information, a final order summary will be displayed.
- If you use an express checkout method (e.g., Apple Pay, Google Pay, PayPal, Klarna), you may be redirected to the third-party provider's platform to complete payment, then returned to our order summary.
- Before submitting your order, you have the opportunity to review, modify, or cancel the transaction.
- By clicking "Pay Now," "Complete Order," or an equivalent button, you submit a binding purchase request. The contract is formed upon our order confirmation email.
(4) Custom quote requests submitted by you are non-binding. We will provide a binding offer in writing (e.g., via email), which you may accept within 5 days of receipt unless a different timeframe is specified.
(5) Order processing and all contractual notifications are conducted primarily via email. You are responsible for ensuring that the email address provided is accurate and that our emails are not blocked by spam filters.
Section 3 – Payment Methods
(1) Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options where available:
- Credit/Debit Card ("Pay Now")
- Flexible Financing ("Buy Now, Pay Later")
By selecting a Klarna payment option, you agree to Klarna's terms and conditions. For full details, visit https://www.klarna.com.
(2) Additional Payment Methods We also accept major credit and debit cards, Apple Pay, Google Pay, and PayPal where available. All payment transactions are processed through secure, encrypted gateways. We do not store full card numbers on our servers.
Section 4 – Retention of Title
All purchased goods remain our exclusive legal property until full and unconditional payment of the entire purchase price has been received and confirmed.
Section 5 – Warranty, Disclaimers, and Limitation of Liability
(1) We warrant that goods will conform substantially to the product descriptions provided on our website at the time of purchase.
(2) Upon receiving your order, please inspect it promptly for completeness, visible defects, or transit damage, and notify us as soon as reasonably possible. This does not affect your statutory consumer rights but may impact our ability to file claims with shipping carriers.
(3) DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(4) LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PETER DUNZ, AQUAVYX™, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, OR DAMAGE TO PROPERTY, ARISING FROM YOUR USE OF OR INABILITY TO USE ANY OF OUR PRODUCTS.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY PRODUCT PURCHASED THROUGH THIS SITE SHALL BE STRICTLY LIMITED TO THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THAT SPECIFIC ITEM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY STATE.
Section 6 – Choice of Law and Dispute Resolution
(1) These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
(2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
(3) INFORMAL DISPUTE RESOLUTION: Before initiating any formal legal proceedings, you agree to contact us at support@aquavyx.com to attempt to resolve any dispute informally. We will make reasonable efforts to resolve the issue within 30 days.
(4) BINDING ARBITRATION: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our products shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), rather than in court. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@aquavyx.com with the subject line "Arbitration Opt-Out."
(5) CLASS ACTION WAIVER: ALL DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. SOME STATES DO NOT ALLOW CLASS ACTION WAIVERS, SO THIS PROVISION MAY NOT APPLY TO YOU.
II. CONSUMER INFORMATION
1. Identity of the Seller
Peter Dunz Am Kirchberg 7 86688 Marxheim, Germany Phone: +4915679580376 Email: support@aquavyx.com
We are neither willing nor obligated to participate in formal dispute resolution proceedings before a consumer arbitration board beyond what is required by applicable law.
2. Contract Formation
The technical steps required to form a contract are carried out in accordance with Section 2 of these Terms.
3. Contract Language and Records
3.1. The governing language for all contracts and correspondence is English.
3.2. We do not permanently store the individual contract text for customer access after purchase. Prior to submitting your order, you may print or save your transaction details using your browser's standard functionality. Following receipt of your order, an automated confirmation email containing your order data and a copy of these Terms will be sent to you.
4. Essential Product Characteristics
All material specifications, features, and performance details are described in the respective product listing on our website.
5. Pricing and Payment Terms
5.1. Listed prices reflect the total product cost. Applicable state and local Sales Tax will be calculated and added at checkout based on your delivery address.
5.2. Shipping and processing fees are not included in the base price and will be displayed during checkout, unless a free shipping threshold applies.
5.3. For international shipments, additional costs beyond our control — including customs duties, import handling fees, or banking transaction charges — may apply. You are solely responsible for these fees.
5.4. Unless otherwise specified, all payment obligations are due immediately upon order confirmation.
6. Delivery Terms
6.1. Estimated shipping timelines and delivery parameters are detailed in our Shipping Policy and during checkout.
6.2. Risk of accidental loss or damage to goods passes to you upon physical delivery to your designated shipping address by the carrier, regardless of whether shipping insurance was purchased.
7. Statutory Rights and Product Defects
Product claims, defects, and satisfaction guarantees are governed by Section 5 of these Terms and our Refund & Return Policy.
8. California Residents – Additional Disclosures
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA/CPRA) and California Civil Code Section 1750 et seq. (Consumers Legal Remedies Act). For details on your privacy rights, please refer to our Privacy Policy at aquavyx.com/policies/privacy-policy.
