General Terms and Conditions
Contract conditions in the framework of purchase contracts that are concluded using the platform
Luftbefeuchtung Proklima GmbH – referred to in the following as “Provider” -
the customers as identified in § 2 of the contract - in the following “Customer” -
You have the option of concluding the purchase contract in German or English.
§ 1 Scope, Definition of Terms
(1) For the business relationship between the webshop provider (referred to in the following as “Provider”) and the customer (in the following, “Customer”), the following General Terms and Conditions apply exclusively in the version that was in effect at the time the order was placed. Deviating conditions from the ordering party will not be recognised unless the provider explicitly consents in writing to them being applicable.
(2) The customer is a consumer, to the extent that the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. By contrast, every natural or legal person or legally competent business partnership that concludes a contract acting in its commercial or professional capacity is defined as a business person.
§ 2 Conclusion of Contract
(1) The customer can select products from the inventory of the provider, especially air conditioners, accessories, filters, etc. and can gather them into a so-called shopping cart using the button “place in shopping cart”. Using the “Submit order” button, one sends a binding order for the purchase of the goods in the shopping cart. Before sending the order, the customer can view and change the data at any time. The order can only be submitted and sent, though, once the customer accepts these terms of contract by clicking on the button “Accept GTCs” and has confirmed reading the returns policy by clicking on another button.
(2)The provider will then send the customer an automatic confirmation of receipt via e-mail in which the customer’s order, the GTCs and the returns policy are presented once again and the customer can print them out using the “Print” function. With this e-mail confirmation the purchase contract is established.
§ 3 Delivery, Availability of Goods
(1) If the good the customer selected is not in stock at the time the order is placed, the provider will inform the customer of this in the order confirmation. If the product is permanently out of stock, the provider will desist from a notice of acceptance. In this case no contract is established.
(2) If the product identified in the customer’s order is only temporarily out of stock, the provider will inform the customer of this immediately in the order confirmation. If there is a delay in delivery that lasts more than two weeks, the customer has the right to withdraw from the contract. Additionally, in this case, the provider is also entitled to release itself from the contract. Any payments already received from the customer will be refunded immediately.
§ 4 Reservation of Title
The delivered goods remain the property of the provider until payment is rendered in full.
§ 5 Prices and Shipping Costs
(1) All prices that are stated on the provider’s website are understood in each case to include the applicable legally mandated VAT.
(2) Delivery of goods proceeds ex works. The goods will be shipped insured at cost to the customer via regular mail, parcel service or freight company, depending on the value of the goods. The provider reserves the right to select the method of shipping.
(3) The corresponding shipping costs will be stated to the customer on the order form and will be borne by the customer. If the customer selected shipping via parcel service in the order form, although shipping this type of good is only possible by a freight company, the shipping costs of shipping by a freight company will be billed contrary to the information given in the order form.
§ 6 Payment Modalities
(1) The customer can render payment via credit card, Paypal, immediate EFT, Giropay or pre-payment.
(2) The payment of the purchase price is due immediately after the conclusion of contract. If the due date of the payment is determined by calendar, the customer already comes into default by missing this deadline. In this case the customer must pay the provider default interest in the amount of 5 percentage points above the prime lending rate.
(3) The customer’s obligation to pay default interest does not exclude the assertion of other default damages by the provider.
§ 7 Warranty for Defects, Guarantee
(1) The provider is liable for material defects according to the applicable provisions of law, especially §§ 434 ff BGB [German Civil Code]. With respect to businesses the warranty obligation on the goods delivered by the provider extends to 12 months.
(2) A guarantee only exists for the goods delivered by the provider if this is expressly stated in the order confirmation for the specific article.
§ 8 Liability
(1) The customer’s claims to compensation for damages are excluded. The exception to this is found in claims for compensation for damages on the part of the customer that derive from injury to life, limb or health or that derive from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damages that derive from malicious intent or grossly negligent breach of contract by the provider, its legal representatives or its temporary employees. Essential contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract.
(2) In the breach of essential contractual obligations the provider’s liability is limited only to damages that are typical for the type of contract and foreseeable, if the damages were caused by negligence; unless it is a case of claims for compensation for damages deriving from injury to life, limb or health.
(3) The limitations deriving from Para.1 and 2 apply in favour of the legal representatives and temporary employees of the provider if claims are asserted directly against these parties.
(4) The provisions of the German Product Liability Act are unaffected.
§ 9 Consumer’s Right to Revoke
You have the right to revoke this contract within fourteen days without being required to state your reasons.
The revocation period is fourteen days from the day on which you or a third party you designate who is not the freight carrier has taken or took possession of the last goods.
In order to exercise your right of revocation, you must inform us (Luftbefeuchtung Proklima GmbH, Schwarzacher Str. 13, 74858 Aglasterhausen, Tel.: 06262-5454, Fax: 06262-3255, E-Mail: email@example.com) by a clear, unequivocal declaration (e.g. a letter sent by mail, telefax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
You can also electronically complete and send the sample revocation form or a different unequivocal declaration on our web site our sample revocation form. If you make use of this option, we will immediately (e.g. per e-mail) send you a confirmation of receipt of such a revocation.
To meet the deadline to revoke, it suffices that the communication of the excise of the right to revoke be sent prior to the expiration of the revocation period.
Unless the parties make other arrangements, there is no right to revoke for the following contracts:
- for the delivery of goods that were fabricated according to customer specifications or
- contracts for the delivery of goods that are not pre-fabricated and whose manufacture requires individual selection or specification by the consumer or which are clearly customised for the use of the consumer,
- contracts for the delivery of goods that can spoil quickly or whose use-by-date would be passed quickly,
- contracts for delivery of sealed goods that are not suitable for return for reasons of health safety or hygiene if the seal was removed after delivery,
- contracts for delivery of goods if they are mixed with other goods after delivery and cannot be separated due to their own composition,
- contracts for the delivery of alcoholic drinks whose price was agreed upon at conclusion of contract, but which could only be delivered at the earliest 30 days after the conclusion of contract and whose current value depends on fluctuations in the market over which the businessman has no influence,
- contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery,
- contracts for the delivery of newspapers, magazines or illustrated periodicals with the exception of subscription contracts.
Consequences of Revocation
If you revoke this contract, we must refund you all payments we have received from you, including the shipping costs (with the exception of any additional costs that result from your having specified a different type of delivery than the least expensive standard delivery that we offered), immediately and at the latest within fourteen days of the day on which we received the communication informing us of your revocation of this contract. We will use the same mode of payment for this re-payment that you originally used for this transaction unless something different was expressly agreed upon with you; in no case will we bill you any charges for this re-payment. We can refuse repayment until the goods have been returned to us, or until you have presented proof that you have sent the goods, whichever comes first.
You must send the goods back or hand them over for shipment immediately and in any case at the latest within fourteen days of the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the fourteen day period. You bear the immediate costs for the return shipping of the goods.
You will only be responsible for any decrease in the value of the goods if this decrease in value is attributable to some action you performed that was not necessary for checking the nature, properties and function of the goods.
Cost Coverage Agreement
If you assert your right to revoke, you must bear the regular costs of the return shipment if the delivered goods match the ones your ordered.
Cost Coverage Agreement
If you assert your right to revoke, you must bear the regular costs of the return shipment if the delivered goods match the ones your ordered and if the price of the item to be returned does not exceed a value of 40 Euros or if you, for a higher price for the good at the time of revocation did not yet perform the counter-consideration or provide the contractually agreed-upon partial payment. In other cases the return shipment is free of charge.
§ 10 Concluding Provisions
(1) The law of the Federal Republic of German applies to contracts between the provider and the customer, under exclusion of the UN Convention on the International Sale of Goods.
(2) To the extent that the customer is a merchant, a legal person under public law or a special estate under public lay, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the main office of the provider.
(3) The contract remains binding in its remaining points even if certain points prove legally unenforceable.