LuckyWaterFlow.net is empowered by Itlerhilfe OÜ, Lootsa Tn 2a, 11415, Tallinn, Estonia

Register excerpts can be officially viewed here. Information about the company and the official VAT ID comparison can be found under § H (a).

§ A. General, Scope

(a) All deliveries and services of Itlerhilfe OÜ are provided exclusively on the basis of these General Terms and Conditions (hereinafter also referred to as “Terms and Conditions”).

(b) Our Terms and Conditions of Sale shall apply exclusively; we shall not recognize any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale, unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we make delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our Terms and Conditions of Sale.

(c) All agreements made between us and the customer for the purpose of executing this contract are set down in writing in this contract.

(d) Itlerhilfe OÜ is entitled to change or amend these terms and conditions with reasonable notice. The customer has the right to object to such a change. If the customer does not object to the amended terms and conditions within 4 weeks after receipt of the notice of amendment, the amended terms and conditions shall become effective in accordance with the notice.

(e) Order Content and Definitions: LuckyWaterFlow.net with all subdomains is a dropshipping marketplace through which registered “retailers” (B2C merchants) and their representatives offer and sell items/goods to end customers through their online sales channels, which are then shipped to the end customers by their selected “suppliers” (B2B merchants). The task of Itlerhilfe OÜ with *.LuckyWaterFlow.net is to forward orders from the “retailers” to the selected “suppliers”. For the orders of the “retailers” to the “suppliers” mediated by us, the terms and conditions of the supplier LuckyWater, which can be found as a manufacturer under luckywater.de, apply for “retailers” in addition to our terms and conditions. We reserve the right to modify or exclude certain marketplace participants, company profiles or their offers from our marketplace.

§ B. Offer, Offer Documents, Placing of Order, Termination, Right of Revocation, Consequences of Revocation, Special Notes

(a) Offers on the part of Itlerhilfe OÜ are always subject to change and non-binding.

(b) If the order is to be qualified as an offer according to § 145 BGB (German Civil Code), we can accept it within 2 weeks.

(d) We are entitled to withdraw from the contract if there has been a significant deterioration of the economic circumstances on the part of the customer, if bankruptcy or composition proceedings have been filed or if the contractual partner is in default of payment for a shipment.

(e) The contract shall only be concluded upon our order confirmation or upon execution of the order.

(f) The contract shall be automatically extended by the respective contract term if it is not terminated by the customer within the period specified in the respective offer.

(g) Cancellations must be made in writing, whereby transmission by fax is sufficient to comply with this form.

(h) The customer may revoke his contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

Itlerhilfe OÜ
Lootsa Tn 2a
11415, Tallinn, Estonia

Fax: +49 (0)5774 / 560 999 0

or the management and representation to:

Itlerhilfe OÜ
for the attention of Gf. Ing. Klaus Schlender
Station road 16
49419 Wagenfeld

(i) In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the customer is unable to return or surrender the received performance and benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, the customer must compensate us for the loss of value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The time limit begins for the customer with the dispatch of your revocation, for Itlerhilfe OÜ with its receipt.

(j) Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

(k) Unless otherwise provided for, the EU-wide reverse charge procedure (see § H) shall apply to deliveries and services within the European area.

§ C. Obligations of the Customer

(a) The customer assures Itlerhilfe OÜ that all data, which the customer transmits to Itlerhilfe OÜ, are complete and correct. The customer is obligated to immediately transmit any changes in his data to Itlerhilfe OÜ.

(b) Itlerhilfe OÜ is entitled to send all information and declarations of intent relevant to the respective contractual relationship to the email address provided by the customer. The customer assures to check this regularly for new messages.

(c) The customer shall manage his passwords and other access data conscientiously and take care to keep them secret. He is obliged to change his passwords regularly, as far as they are assigned to him he will change them immediately.

(d) The customer is obliged to pay for all services that are caused by a misuse of the passwords by third parties or the use of the passwords by third parties, as far as he is responsible for this.

(e) The customer undertakes to use the resources made available to him in such a way that the security and/or availability and/or system integrity and/or availability of the systems of Itlerhilfe OÜ are not impaired.

(f) Itlerhilfe OÜ is entitled to block systems or accesses if the obligation from “§ C Obligations of the customer” is violated by the customer or a third party.

§ D. Prices, Terms of Payment

(a) Unless otherwise stated in the order confirmation, our prices shall apply “ex works”, excluding packaging; packaging shall be invoiced separately.

(b) The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.

(d) Unless otherwise stated in the order confirmation, the net purchase price (without deductions) shall be due for payment within 14 days of the invoice date. The statutory regulations concerning the consequences of default in payment shall apply.

(e) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, he shall be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ E. Delivery period, delivery

(a) The commencement of the delivery period stated by us shall be subject to the clarification of all technical questions.

(b) Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the customer’s obligation. We reserve the right to plead non-performance of the contract.

(c) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

(d) If the conditions of paragraph (c) apply, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

(e) We shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of Section 286 (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). We shall also be liable in accordance with the statutory provisions if, as a consequence of a delay in delivery for which we are responsible, the customer is entitled to claim that its interest in the further performance of the contract has ceased to exist.

(f) Furthermore, we shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(g) Itlerhilfe OÜ reserves the right to make partial deliveries and to invoice them within the stated delivery periods, provided that this does not result in any disadvantages for use.

(h) If the customer cancels an order in whole or in part, we may claim 10% of the sales price for the costs incurred in processing the order and for lost profit. The customer reserves the right to prove that no damage at all or significantly less damage has been incurred.

(i) Orders cannot be cancelled after delivery.

§ F. Transfer of risk, packaging costs

(a) ). International deliveries are made from Tallinn in Estonia (place of performance for remote, digital, online services). Domestic Germany deliveries are made from Wagenfeld in Germany (place of fulfillment for on-site goods and services). When the goods are handed over to a carrier or freight forwarder, the risk – even in the case of free delivery to destination – is transferred to the customer.

(b) Separate agreements shall apply for the return of packaging.

(c) If the customer so desires, we shall cover the delivery by transport insurance; the customer shall bear the costs incurred in this respect.

§ G. Liability for defects

(a) Claims for defects on the part of the customer presuppose that the customer has duly complied with his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

(b) Insofar as the purchased item is defective, we shall be entitled, at our discretion, to subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. The removal of the defect shall take place at our place of business. This shall also apply if the goods have been installed at the customer’s premises prior to us. We shall not bear any transport and travel costs.

(c) If the subsequent performance fails, the customer shall be entitled to demand rescission or reduction at his discretion.

(d) We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

(e) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.

(f) Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

(g) The limitation period for claims for defects shall be 12 months, calculated from the transfer of risk.

(h) The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it amounts to five years, calculated from the delivery of the defective item.

§ H. Data backup and virus protection

(a) Unless otherwise stipulated above, liability is excluded. In particular, we shall not be liable for any loss of data during work or activities performed on behalf of the customer. Every customer has to make a data backup on external data carriers before carrying out all activities that are to be performed by Itlerhilfe OÜ.

(b) The responsibility for the daily check of proper data backups and the updating of facilities for virus protection lies exclusively with the customer.

§ I. Manufacturer’s warranty and guarantee

(a) If the manufacturer provides a warranty, this warranty shall determine the scope of our warranty, i.e. our warranty obligation shall be limited to the content of the warranty. All claims arising from the manufacturer’s warranty are assigned to the customer. Our warranty obligation shall also lapse if the manufacturer fails to meet its warranty obligations.

(b) We point out that we partly sell systems that are developed and manufactured abroad. These systems have not been tested according to criteria of German standards, safety and accident prevention regulations and comply with these only in part. As far as technically and economically justifiable, we are prepared to have such inspections of the systems concerned carried out at the customer’s request and against payment of the additional costs.

§ J. Total liability

(a) Any further liability for damages than provided for in § F shall be excluded, irrespective of the legal nature of the asserted claim. This shall apply in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for damage to property pursuant to § 823 BGB.

(b) The limitation according to paragraph (a) shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.

(c) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

(d) Liability for short-term, insignificant disruptions of the connection between retailer, manufacturer and supplier accounts or for any disadvantages resulting from the unauthorized use of your access data for which you are responsible is excluded. This also applies to any service disruptions during maintenance work; these do not entitle you to a reduction in price, termination or the assertion of claims for compensation. The prerequisite for the elimination of malfunctions and defects is their timely notification. Claims for defects that are not reported to us in writing within two weeks after you first became aware of them are excluded. Contractual services shall be deemed to have been accepted when they are put into use, but no later than 3 days after they have been made available. Warranty shall be provided primarily by rectification of defects. If this finally fails after two unsuccessful attempts, you are entitled to a reduction of the remuneration or to extraordinary termination. We shall only be liable for damages resulting from a grossly negligent or intentional breach of duty or a negligent breach of main performance obligations by us. In any case, liability is limited to damages foreseeable at the time of conclusion of the contract and does not include cases of force majeure. The limitation period for deficiencies in Itlerhilfe OÜ’s performance shall be reduced to 12 months, unless they are based on intent.

§ K. Retention of title

(a) The goods shall remain our property until all our claims against the customer have been paid in full.

(b) After issuing a reminder, Itlerhilfe OÜ shall be entitled to demand the return of the delivered goods from the customer in the event of default in payment.

(d) The claims arising from the resale of the goods subject to retention of title shall be assigned by the customer in full to Itlerhilfe OÜ by way of security.

§ L. Test and loan services

(a) Goods delivered for test and loan purposes shall remain the property of Itlerhilfe OÜ. The customer has the obligation to return the goods in the original condition in due time after expiry of the agreed period.

§ M Patent and Copyright

(a) We reserve the property rights and copyrights to software developed by Itlerhilfe OÜ. They may not be made accessible to third parties without our written consent. Copying is prohibited without our explicit consent.

(b) We cannot be held liable for the infringement of any patent or other proprietary rights.

§ N Fair Use Policy

(a) All unlimited package offers are based on the idea of fair use of the customer. This behavior of “fair” use is assumed in all unlimited package offers. For example, the following activities of the customer are not covered by fair use:

Download portals e.g. for game servers, patches, CDs, DVDs, images etc.
Video portals e.g. YouTube
Filesharing of any kind
TOR servers or other services that can be used for anonymization
Streaming server of any kind
Overloads of any kind that use the limited resources so much that other customers suffer from it
In case of overuse of resources, Itlerhilfe OÜ reserves the right to limit, block and re-bill the affected service after a first friendly hint and after several warnings.

§ O Credit information

(a) The client agrees that Itlerhilfe OÜ performs a credit check and stores the data permanently.

§ P Ancillary Agreements, Partial Effectiveness

(a) Verbal agreements shall not be valid. This also applies to the agreement to waive written form. Should any provision of the contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The same shall apply in the event of a loophole in the contract.

§ Q Place of Jurisdiction, Place of Performance

(a) The place of jurisdiction for all services shall be Wagenfeld, insofar as this is legally permissible; however, we shall also be entitled to sue the customer at the court of his place of residence.

(b) The law of the Federal Republic of Germany shall apply for domestic trade in goods and on-site services at the customer’s premises, and the law of Estonia and the European Union shall apply in the EU and international area for international services as well as remote and digital online services; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

Section II: Special provisions for domains, web hosting, e-mail and stores

§ A Domain registration

(a) The contractual relationship required for the registration of the respective domain comes into effect directly between the customer and the respective domain issuing authority or the respective registrar. Itlerhilfe OÜ acts only as an intermediary in the relationship between the customer and the respective domain registry, without, however, having any influence of its own on the allocation of the domain.

(b) The client is fully responsible for the fact that the domain applied for by him does not violate any rights of third parties.

(c) The different top-level domains (“final abbreviations”) are administered by a variety of different, mostly national organizations. Each of these organizations for the allocation of domains has established different terms and conditions for the registration and administration of the top-level domains, the associated sub-level domains and the procedure to be followed in the event of domain disputes. Insofar as top-level domains are the subject matter of the contract, the corresponding terms and conditions for the allocation of domains shall apply in addition. As far as .de domains are subject of the contract, DENIC’s Domain Guidelines shall apply in addition to DENIC’s Domain Terms and Conditions.

(d) The registration of the domains takes place in an automated procedure by means of which the data is passed on to the respective registry. The registry proceeds according to the priority principle, i.e. the first registration received is awarded the domain. Itlerhilfe OÜ cannot guarantee the allocation of an ordered domain.

§ B Duties of the customer

(a) The customer is obliged to fully cooperate in all actions necessary for the registration, transfer or deletion of his domain.

(b) The customer is solely responsible for ensuring that a domain registered by him and contents transferred by him do not violate statutory law or infringe the rights of third parties. When using international domains, other national legal systems may have to be observed.

(c) The Customer undertakes not to offer any domains or contents that are of an extremist (or right-wing extremist) nature. This also applies to links to pages that contain such content.

(d) The sending of spam mails is prohibited, this applies in particular to the sending of unsolicited advertising. It is also prohibited to provide false sender data when sending emails.

(e) The customer shall observe the quantitative limit of inclusive services and shall not exceed this limit unless this has been expressly agreed. If the inclusive traffic for a package is exceeded by more than 10 percent, Itlerhilfe OÜ will inform the customer. Itlerhilfe OÜ has the right to offer the customer a corresponding package with higher traffic volume. Should the contract offer be rejected by the customer, Itlerhilfe OÜ has the right to terminate the contractual relationship with a notice period of two weeks.

(f) Alternatively, Itlerhilfe OÜ has the right to exercise a special right of termination with a notice period of 2 weeks in case of a traffic overrun as mentioned in 2.5.

(g) If the data to be provided according to the respective registration conditions for a domain proves to be incorrect and Itlerhilfe OÜ cannot contact the customer under the provided data, Itlerhilfe OÜ may terminate the contractual relationship without notice and have the domain deleted.

§ C Content of the web pages

(a) The client is obligated to provide the name and address of his business-related offers, as well as the name and address of the authorized representative in the case of associations of persons and groups (legal requirement according to the Telemedia Act).

(b) With the transmission of the web pages (to the provider), the customer releases Itlerhilfe OÜ from any liability for the content and expressly assures not to transmit any material and not to display any material of third parties, which may harm, denigrate or insult other persons or groups of persons in their honor. The customer also assures to pay any fees that may arise from the publication of this data (e.g. GEMA fees) to the appropriate organizations. Furthermore, the customer expressly assures not to publish any content or data that violates the applicable law of the Federal Republic of Germany or is of right-wing extremist content. This also applies if such content is made accessible through hyperlinks or other interactive connections that the customer places on third-party sites. It is expressly prohibited to send so-called “mass e-mails”, “spam e-mails” or similar from the servers of Itlerhilfe OÜ in any way.

(c) The costs for a blocking, as well as the costs for the existing contract are still borne by the customer in a case where the blocking was caused by a violation of applicable law by the customer.

(d) Itlerhilfe OÜ reserves the right to block content that could impair the regular operation or the security of the server as a matter of principle or to prevent its operation in individual cases.

§ D Trademark protection of the domain name

(a) The customer assures that, to the best of his knowledge, no rights of third parties are violated and no unlawful purposes are pursued by registering the domain name and transferring his web content to the Internet. The customer acknowledges that he is solely responsible for the choice of the domain name and agrees to indemnify Itlerhilfe OÜ from all claims for damages by third parties in connection with the domain name registration. In the event that third parties assert rights to the domain name, Itlerhilfe OÜ reserves the right to block the domain name in question until the dispute has been resolved in court.

§ E Reaction of Itlerhilfe OÜ in case of infringement and endangerment of rights

(a) If third parties credibly claim that contents of an Internet presence or a domain per se violate their rights, or if it appears likely on the basis of objective evidence that legal provisions are violated by domains or contents, Itlerhilfe OÜ may block the Internet site as long as the violation of rights or the dispute with the third party about the violation of rights continues.

(b) If the possible infringement is committed by a domain, Itlerhilfe OÜ may also take measures to make the domain inaccessible. In cases where the infringement by a domain appears certain due to objective evidence, Itlerhilfe OÜ may terminate the contractual relationship without notice.

(c) In the case of extremist, pornographic or commercially erotic content, Itlerhilfe OÜ may also terminate the contract without notice instead of merely blocking the domain.

(d) If the customer sends spam mails, Itlerhilfe OÜ can temporarily block the mailboxes on the e-mail server.

(e) Itlerhilfe OÜ can reject e-mails sent to its customers based on objective criteria if facts justify the assumption that an e-mail contains harmful software (viruses, worms or Trojans, etc.), the sender information is false or disguised, or it is unsolicited or disguised commercial communication.

(f) Itlerhilfe OÜ’s claim for payment shall continue to exist as long as a service has been blocked for the above reasons.

§ F Procedure in case of termination of contract

(a) Deletion orders for domains require the signature of the domain owner.

(b) If the customer does not order the deletion of a domain upon termination, Itlerhilfe OÜ may return the domain to the responsible registry after the end of the contract and expiration of a reasonable period of time. Itlerhilfe OÜ hereby points out that in this case the customer’s obligation to pay the registry may remain.

(d) If Itlerhilfe OÜ terminates the contract justifiably due to default of payment or for an important reason, Itlerhilfe OÜ may arrange for the deletion of the domains concerned after a reasonable period of time, unless the customer instructs otherwise.

§ G Reference to arbitration board

(a) According to the EU, a regulation on the online settlement of consumer disputes (so-called ODR regulation) is coming into force. The Regulation is related to the Consumer Dispute Resolution Act (VSBG) adopted by the Bundestag in Germany, but applies directly in all European Member States independently of it.

(b) The Regulation is intended to promote the out-of-court settlement of disputes between consumers and online retailers. Via an online platform of the EU Commission, the consumer has the opportunity, for example, to submit complaints about the online merchant and to seek arbitration before a competent arbitration body. However, the platform can also be used accordingly by the merchant to settle disputes with the customer. The background to this effort is the sometimes ineffective jurisdiction in some European Member States, which delays the enforcement of claims by consumers and thus leads to legal uncertainty.

(c) Herewith the European conciliation body is linked and thus a request for participation of the European Commission is followed The body can be found at https://ec.europa.eu/consumers/odr/ and can be visited in case of dispute and is to be taken note of so that the disagreements are clarified beforehand directly with the management.

(d) Background: According to the Consumer Dispute Settlement Act (VSBG), entrepreneurs who operate a website or use terms and conditions, ab have the option to inform the customer before the conclusion of the contract on the website or but in the terms and conditions, whether you are obliged or voluntarily participate in consumer arbitration (§ 36 para 1 No. 1 VSBG). Participation can also be linked to certain conflicts or value limits. The information must be easily accessible, clear and understandable. Companies with 10 or fewer employees are exempt. The cut-off date for the assessment is December 31 of the previous year in each case.

(e) Itlerhilfe OÜ has the attitude that potential conflicts are solved directly and without detours by involving and contacting the management and that conflicts are discussed and resolved directly beforehand. Itlerhilfe OÜ voluntarily declares that it has no objection to the arbitration board and that it will not exclude it as a second instance upon the client’s request, if conflicts are again expected to be unresolvable through the management.

§ H Registration Itlerhilfe OÜ in Estonia (EU area)

(a ) Legal form is osaühing [private limited company], (similar to GmBH) with European VAT EE102557338. The EU VAT UST-NR number can be officially requested at the Bundeszentralamt für Steuern here for Estonia EE. The German UST-ID of the customer on the part of Itlerhilfe OÜ can be inquired again at the European Commission VIES here.

(b) The German UST-ID can be requested by the customer at the German Federal Central Tax Office, should deliveries and services explicitly require this.

(c) Without a German VAT-ID, the Estonian VAT EE102557338 valid in the EU area is used via “Reverse-Charge-Procedure” (RCV) for a legal invoicing in Germany in B2B. This ensures that the domestic VAT remains in administration when services are rendered in the B2B area. See link (Chapter 2, 2b see example case b) All services). In this case, Itlerhilfe OÜ records the net amount on the invoice, and the VAT is then reported to the tax office as usual within the framework of the advance VAT return to the customer (or group of companies). The reverse charge procedure helps to avoid errors and limits tax abuse. Among other things, the VAT ID of the customer or group of companies and the VAT of Itlerhilfe OÜ EE102557338 must appear on the invoice. The exact incoming invoice is issued according to § 14 Abs. 4 i.V.m. § 14a Abs. 5 UStG. The sales tax will be claimed here by the customer or by the group of companies at the tax office.

(d) Itlerhilfe OÜ can reasonably account for any type of service in the IT environment ( including programming as a main activity (62011)). Additional documents about Itlerhilfe OÜ, such as register extracts can be officially viewed here as well as a sample invoice RCV according to German law can be found here.

Status 02.2023

You can download our terms and conditions here.

General terms and conditions of business and delivery