TERMS AND CONDITIONS
All orders placed by consumers and entrepreneurs through our online shop are subject to the following General Terms and Conditions.
A consumer is any natural person who enters a legal transaction for purposes which are primarily unrelated to such person’s commercial or self-employed professional activities. An entrepreneur is a natural or legal entity or an unincorporated firm having legal capacity who, in concluding a legal transaction, acts in the performance of a commercial or a self-employed occupational activity.
With regard to entrepreneurs, these General Terms and Conditions also apply to any future business relationships without the need for us to draw attention to the same on each occasion. If the entrepreneur applies conflicting or additional general terms and conditions, application of such general terms and conditions is hereby rejected; such general terms and conditions shall only constitute part of the contract if we have explicitly consented thereto.
2. Contracting partner, conclusion of contract
The purchase contract is made with Frauenthal Airtank Elterlein GmbH.
The presentation of the products in the online shop constitutes a non-binding online catalogue and not a legally binding offer. You may initially add products to the basket and correct any entries made using the edit basket function, which is provided and explained in the ordering procedure, before sending a binding order. By clicking the order button, you will place a binding order for the goods in the basket. Confirmation of receipt of the order will be sent immediately by email automatically with acceptance of the order. The purchase contract is completed when the confirmation email is received.
A binding contract can, however, be made prior to this, as follows:
If you have opted to pay by credit card, the contract will be made at the time that the credit card is debited.
If you opt to pay by PayPal, the contract will be made at the time your payment instruction is confirmed by PayPal.
The contract is made in German.
We do not store the contract text.
3. Terms of delivery
Delivery is free within Germany. The cost of postage will be added to product prices for deliveries made to other countries. More information about the cost of delivery is provided with the products offered.
All goods are sent to purchasers. Unfortunately, goods cannot be collected by purchasers themselves.
We do not make delivery to packing stations.
Payment can be made in our shop in the following ways:
Your credit card will be debited when the order has been completed.
You pay the invoice amount via the PayPal online payment system. In order to do this, you must be registered with PayPal, must provide legitimation with your access data and provide us with confirmation of the payment instruction. Further information is provided during the ordering procedure.
5. Cancellation rights
Consumers are entitled by law to cancel their orders as described in the cancellation rights notice. Entrepreneurs are not granted the right to cancel.
6. Reservation of ownership
The goods shall remain our property until they have been paid for in full.
The following applies additionally to entrepreneurs. We reserve ownership to the goods until such time as all claims arising from a current business relationship have been settled in full. You are entitled to resell goods to which ownership has been reserved in the course of ordinary business activities; you shall assign to us in advance the invoice value of all claims arising from such resale regardless of whether the goods to which ownership has been reserved have been joined or mingled with new goods; we hereby accept such assignment. You will continue to be authorised to collect receivables; however, we shall also be entitled to collect such receivables ourselves if you fail to honour your payment obligations.
7. Damages in transit
If delivered goods have obviously been damaged in transit, please make an immediate complaint to the delivery agent and contact us immediately. Failure to make such complaint or to contact us will not affect your legal rights and their enforcement, and will in particular have no affect on your warranty rights. If, however, you comply with these instructions, you will make it easier for us to assert claims against the forwarder or transport insurance provider.
8. Warranty and guarantees
Unless explicitly agreed otherwise in the following, the law on liability for defects shall apply.
The limitation period for consumers with regard to claims for defects in used items is one year as of delivery of the goods.
The limitation period for entrepreneurs is one year as of the passage of risk; the statutory limitation period for rights of recourse under section 478 German Civil Code (BGB) remains unaffected.
With regard to entrepreneurs, agreement on the condition of goods shall solely reflect information which we have provided and the descriptions of the product provided by the manufacturer as these have been included in the contract; we disclaim all liability for public statements made by the manufacturer or any other advertising claims.
If the delivered item is defective, we shall initially provide warranty to the entrepreneur in the form chosen by us, which shall either be by rectifying the defect (subsequent improvement) or by supplying an item which is not defective (substitute delivery).
The above limitations and reduced periods shall not apply to claims based on damage caused by us, our legal representatives or agents,
resulting in loss of life, bodily injury or damage to health;
- arising from wilful intent, gross negligence or fraud;
- arising from breach of specific contractual terms which are necessary to execute the contract properly and with which the contracting parties may reasonably expect compliance (“material obligations”);
- within the framework of an agreed guarantee commitment;
- where the Product Liability Act (Produkthaftungsgesetz) applies.
Information about any further guarantees and their precise conditions are provided with the product and on additional information web pages in the shop.
We hold unlimited liability for all cases of damage caused by us, our legal representatives or agents
- resulting in loss of life, bodily injury or damage to health;
- arising from wilful intent or gross negligence;
- subject to agreed guarantee commitments;
- where the Product Liability Act (Produkthaftungsgesetz) applies.
Liability for breach of specific contractual terms which are necessary to execute the contract properly and with which the contracting party may reasonably expect compliance (“material obligations”) resulting from ordinary negligence by us, our legal representatives or agents shall be limited to the damage foreseeable at the time the contract was made and which may normally be anticipated.
In all other respects claims for damages are excluded.
10. Concluding terms
If you are an entrepreneur, the law of the Federal Republic of Germany applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a public law legal entity or a public law special fund, the legal venue for all disputes arising from this contractual relationship between us and you shall be our registered place of business.
GTC written with Trusted Shops legal writers in cooperation with Wilde Beuger Solmecke Rechtsanwälte.