Terms and Conditions
§ 1 General, scope of validity
- The following Terms & Conditions govern the contractual relationship between airless-discounter and the Consumers and Entrepreneurs who buy goods/products from the airless-discounter website (hereinafter called “Customers”). The Terms and Conditions concern the use of the website airless-discounter.de as well as all subdomains belonging to this domain. The version applicable at the time of conclusion of contract shall apply. The contract language is German.
- Consumers within these terms are natural persons entering into business relations with airless-discounter for purposes which are outside their trade, business, or profession. Entrepreneurs within these terms are natural persons, legal entities and legally responsible partnerships entering into business relations with airless-discounter in the course of their commercial or self-employed occupational activities.
§ 2 Conclusion of contract
- The offers available on the airless-discounter website represent a non-binding invitation to the Customer to order or buy goods on airless-discounter.
- The Customer, by placing an order online, makes a legally binding proposal for the conclusion of a sales contract.
- airless-discounter is entitled to accept this offer within 2 days by sending an order confirmation. The order confirmation is transmitted via email. After the expiration of the term specified in sentence 1 the offer shall be deemed rejected.
§ 3 Payment, due date, delay of payment
- The options for payment of the goods are advanced payment and payment upon delivery. Payment upon delivery is only possible for deliveries within Germany. We reserve the right to accept or refuse any modes of payment on a case-by-case basis.
- The Customer, when choosing advanced payment, is obliged to pay the purchase price immediately following the conclusion of contract. When choosing payment upon delivery, the Customer is obliged to pay the purchase price upon receipt of the goods. When choosing to pay by invoice the Customer is obliged to pay the invoiced amount within 14 days following the receipt of the goods. When paying by direct debit, the purchase price is debited within a week following the conclusion of contract. When paying by credit card, the the purchase price is debited following the dispatch of the goods.
- Payment by invoice via Billpay – When paying by invoice the invoiced amount must be paid to our external partner Billpay GmbH by the date specified on the invoice (20 or 30 calendar days after the invoice date). The mode of payment “payment by invoice” is not available for all offers and requires among other things a positive credit rating by Billpay GmbH. If, after the credit assessment, the Customer is validated for payment by invoice for certain items, the payment transactions are conducted in cooperation with Billpay GmbH, to whom we transfer our claims of payment. Hereafter the Customer can only make payment with discharging effect to Billpay GmbH. However, we remain in charge of general Customer questions (e.g. regarding the items, delivery time, dispatch), returns, refunds, declarations of revocation or vouchers.
- Direct debit; Direct debit authorization; processing fee in case of charge back -
- When paying by direct debit the purchase price is automatically transferred by our external partner Billpay GmbH from the account and bank specified by the Customer during the order. By choosing direct debit, you grant Billpay GmbH the revocable authorization to debit your account with the due payment by direct debit. In case of insufficient funds the bank in charge of the account is under no obligation to complete the transaction. Partial payments are not taken into account in the direct debit procedure.
- The payment option “pay by direct debit” is not available for all offers and requires among other things a positive credit rating by Billpay GmbH and an account held in Germany. If, after the credit assessment, the Customer is validated for payment on invoice for certain items, the payment transactions are conducted in cooperation with Billpay GmbH, to whom we transfer our claims of payment. Hereafter the Customer can only make payment with discharging effect to Billpay GmbH. However, we remain in charge of general Customer questions (e.g. regarding the items, delivery time, dispatch), returns, refunds, declarations of revocation or vouchers.
- By indicating an account you confirm that you have the right to transfer from this account and will assure sufficient funds. Charge backs come with high effort and costs for us and Billpay GmbH. In case of a charge back (due to insufficient funds, account termination or unwarranted objection from the account holder) you authorize Billpay to request the transfer of the due amount one more time. In this case you are obliged to pay a processing fee of 12.00 € per charge back. This is subject to further claims. You are granted the option of proving that the charge back has generated little or no costs. Considering the effort and costs for charge backs and to avoid processing fees we kindly ask you not to object to a direct debit request. In the case of revocation, rescission of the purchase contract , return or refund, please contact us so we can arrange for the reversal of the transaction by retransfer or by issuing a voucher.
- For partial payment procedures (instalments) please see our Special Terms and Conditions for Partial Payment. To the extent any part of the Special Terms and Conditions for Partial Payment conflicts with these general Terms and Conditions, the Special Terms and Conditions for Partial Payment shall apply. You can access the Special Terms and Conditions for Partial Payment here
- In the event of default in payment, the Customer shall be liable for any acts of negligence as well as for coincidence, unless the damage would have occurred even with due payment.
- During the period of delay, the purchase price shall be subject to interest. The default interest rate is at five percentage points per annum above the base interest rate. For legal procedures not involving Consumers the default interest rate is at eight percentage points above the base interest rate.
- The assertion of further damage claims remains inviolate.
§ 4 Delivery
- Delivery is made by sending the object of purchase to the address specified by the Customer.
- Delivery is made at the specified packaging and delivery rates. For international deliveries, unless otherwise indicated, the price for packaging and dispatch is calculated individually by weight. If the Customer requires a special form of delivery resulting in excess fees, the Customer bears these additional costs.
- If the Customer obtains the object of purchase for his or her commercial or professional activities, he or she bears the risk of the object’s accidental loss or damage as soon as airless-discounter has handed it to the forwarding agent, the freight carrier, or any other individual or institution charged with delivery.
§ 5 Proprietary rights; set-off; right of retention
- Until full settlement of the invoiced amount, the object of purchase by Consumers shall remain the property of airless-discounter. For Entrepreneurs, legal entities under public law or special assets under public law, we reserve the proprietary rights up until complete settlement of all outstanding debts arising from the business relations with the purchaser. The respective security interest can be transferred to third parties.
- You have the right to set-off only if your counter-claims are legally determined or indisputable or recognized by us. You have a right of retention only to the extent your counter-claim is based on the same contractual relationship.
- In the event of default in payment regarding any payment liability, all existing claims of payment are due immediately.
§ 6 Prices
- The price for the object of purchase specified in the respective offer is the final price including value-added tax (VAT) and any other price components. The price does not include dispatch and delivery fees.
§ 7 Warranty
- It is the responsibility of airless-discounter to ensure that the object of purchase is free of faults at the moment of handing it over to the Customer. If within six months of delivery the object of purchase becomes defective, it will be presumed that the object had been faulty at the time of handing over, unless that supposition is not in accordance with the type of object or type of fault. If the fault becomes apparent after the expiration of six months, then the Customer must provide proof that the object of purchase was faulty at the time of delivery.
- If the object of purchase is faulty at the time of delivery, the Customer has the right to choose between fulfilment by repair or by the replacement of the object. airless-discounter is entitled to refuse the chosen kind of supplementary performance if such performance is only possible at unreasonable costs and if the alternative form of supplementary performance does not involve substantial disadvantages for the Customer.
- If an attempt at a supplementary performance, the Customer shall be entitled, at his discretion, to reduce the purchase price or withdraw from the agreement as well as claim compensation. However, the Customer shall have no right to rescind the contract in case of minor defects.
- The Customer’s damage claims expire after two years, or after one year in case of used items. The one-year period of limitation does not apply to compensation claims.
- Warranty for Entrepreneurs
- If an order is part of a Customer’s trading business, then the Customer is obliged to check the delivered goods immediately for deviations from the specified condition and amount. airless-discounter must be notified by the Customer of visible defects or deviations within one week of the reception; otherwise, any right to warranty claims shall be excluded. Notification of any hidden defects must be made to airless-discounter in writing within one week after their detection. Timely dispatch is sufficient. In order to meet the conditions of entitlement, the Customer is solely responsible for providing evidence that his or her claim is justified, especially evidence for the defect itself, the time of detection, and the timeliness of the claim.
- In case of faults, airless-discounter will at its own discretion repair or replace the object.
- The Customer’s warranty claims expire one year after purchase. This one-year limitation does not apply for indemnity claims.
- Should airless-discounter, in the course of a supplementary performance, deliver a defective item, airless-discounter is entitled to demand the return of the defective object of purchase from the Customer.
- Defects caused by the Customer through use which is improper or contrary to contract, during installation, connection, operation, or storage, do not justify any claim against airless-discounter.
§ 8 Limitation of liability
- airless-discounter is liable for damages to life, body or health only insofar as these damages result from wilful misconduct or from gross negligence or from the breach of major contractual obligations attributable to airless-discounter or to any of its employees or subcontractors. Principle contractual obligations are obligations that fulfill the adequate and orderly implementation of the contract, which the Customer may continuously rely on. Any further liability for compensation of damages is excluded. This condition does not affect any guarantees issued by airless-discounter or rights under the Produkthaftungsgesetz (German Product Liability Act).
- According to the current state of the art, data communication on the Internet cannot be guaranteed to be available without errors and/or at any time. airless-discounter therefore is not liable for permanent availability of their Internet shop.
§ 9 Applicable law and jurisdiction
- All disputes from this legal relationship are governed by the laws of the Federal Republic of Germany. This does not apply to a Customer if it would deprive him or her of relative protections granted by mandatory legal provisions under the laws of that state where he or she has his permanent residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- If the Customer is a tradesman, a legal entity, or special asset under public law, the contractual relationship is subject to exclusive jurisdiction of the courts responsible for the district where airless-discounter has its seat registered. The same applies if the Customer has no place of general jurisdiction in Germany or if his or her place of residence or whereabouts is unknown at the time of commencement of an action.
§ 10 Severability Clause
- If any provisions of these Terms and Conditions are or become invalid or unenforceable, this will not affect the validity of the other provisions, unless the elimination of individual provisions discriminates either contract party to such an unacceptable extent that the adherence to the contract becomes unacceptable.
End of Terms and Conditions
These Terms and Conditions were issued by the legal experts at janolaw and verified by their law office. The janolaw AG guarantees the excellent quality of this product and is liable in case of cease-and-desist orders. More information on janolaw’s liability guarantee: http://www.janolaw.de/haftungsgarantie_agb.html
If there is a variance from the German version of this document only the German version is legally binding for users of airless-discounter.
Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.