Terms and conditions
§ 1 General, scope of application
The following General Terms and Conditions (GTC) govern the contractual relationship between Airless Discounter GmbH and the consumers and entrepreneurs who use the Internet offer of Airless Discounter GmbH (hereinafter referred to as "buyer"). The GTC apply to the use of the website airless-discounter.de and all subdomains belonging to this domain. The version valid at the time of conclusion of the contract shall be authoritative in each case. The contractual language is German.
Consumers in the sense of these terms and conditions are natural persons who enter into a business relationship with Airless Discounter GmbH without this being attributable to their commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with Airless Discounter GmbH in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
1. The offers made by Airless Discounter GmbH on the Internet constitute a non-binding invitation to the buyer to order goods from Airless Discounter GmbH.
2. By ordering the desired purchase item on the Internet, the buyer submits a binding offer to conclude a purchase contract.
3. Airless Discounter GmbH shall be entitled to accept this offer within 2 days by sending an order confirmation. The order confirmation shall be sent by e-mail. After fruitless expiry of the period mentioned in sentence 1, the offer shall be deemed to have been rejected.
§ 3 Payment, due date, default of payment
1. Payment of the goods shall be made by advance payment, invoice and PayPal. Payment via PayPal is also possible by PayPal Express Purchase, direct debit, invoice and credit card. Airless Discounter GmbH reserves the right to accept or exclude certain payment methods in individual cases.
2. For payment in advance, a payment term of seven days after the order has been placed shall apply. If Airless Discounter GmbH has not received payment after 14 days, the order will be automatically cancelled. The customer's offer in accordance with §2 of the General Terms and Conditions is thus deemed to have been rejected.
3. In the case of payment on account, the purchaser undertakes to pay the invoice amount within the period stated on the invoice.
4. Payments with PayPal are processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, commercial register number: R.C.S. Luxembourg B 118 349. If this payment method is selected, the payment requests from PayPal must be followed.
5. If the buyer is in default of payment, he is responsible for any negligence during this period. He shall also be liable for accidental damage due to the performance, unless the damage would have occurred even if the performance had been made on time.
6. Interest shall be charged on the purchase price during the period of default. The rate of interest on arrears for the year shall be five percentage points above the base rate. In the case of legal transactions in which a consumer is not involved, the interest rate shall be eight percentage points above the base interest rate. 7.
7. The assertion of further damages is not excluded.
§ 4 Right of revocation
1. The right of withdrawal applies only to consumers.
2. You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
3. Consequences of the revocation
3.1 If you withdraw from this contract, we must refund all payments we have received from you, with the exception of delivery costs, immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
3.2 For this repayment, we will use the same means of payment that you used for the original transaction. We may refuse repayment until we receive the goods back.
3.3 You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
3.4 You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.
§ 5 Delivery
1. Delivery shall be effected by sending the object of purchase to the address notified by the buyer.
2. Delivery shall be made against the stated packaging and shipping costs. If the buyer requests a special type of shipment that incurs higher costs, he shall also bear these additional costs.
3. If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to him as soon as Airless Discounter GmbH has delivered the object of purchase to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
§ 6 Retention of title; set-off; right of retention
1. In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we shall retain title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
2. You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
3. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
§ 7 Prices
1. The price stated in the respective offer for the object of purchase is to be understood as the final price including any value added tax and other price components which may be incurred.
2. The price does not include delivery and shipping costs.
§ 8 Warranty
1. Warranty in relation to consumers
1.1 Airless Discounter GmbH warrants that the object of purchase is free of defects upon delivery. If a material defect becomes apparent within six months of handover of the object of purchase, it shall be presumed that it was already defective at the time of handover, unless this presumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after the expiry of six months, the buyer must prove that the material defect already existed at the time of handover of the object of purchase.
1.2 If the object of purchase is defective at the time of handover, the buyer shall have the choice as to whether subsequent performance is to be effected by repair or replacement. Airless Discounter GmbH shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the buyer.
1.3 If the supplementary performance fails, the buyer may in principle demand a reduction of the purchase price (abatement) or cancellation of the contract (withdrawal) as well as compensation for damages at his discretion. In the event of only minor defects, the buyer shall not be entitled to withdraw from the contract.
1.4 Claims of the buyer due to defects shall become statute-barred after two years, in the case of the sale of used goods after one year. The one-year limitation period does not apply to claims for damages.
2. Warranty in relation to entrepreneurs
2.1 If the purchase is a commercial transaction for Airless Discounter GmbH and the buyer, the buyer shall immediately inspect the delivered goods for deviations in quality and quantity and notify Airless Discounter GmbH in writing of any recognisable defects within a period of one week from receipt of the goods; otherwise, the assertion of the warranty claim shall be excluded. Airless Discounter GmbH must be notified in writing of hidden defects within one week of discovery. Timely dispatch shall be sufficient to meet the deadline. In this case, the purchaser shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
2.2 In the event of defects, Airless Discounter GmbH shall, at its own discretion, provide warranty by repair or replacement.
2.3 The buyer's claims for defects shall be subject to a limitation period of one year. This limitation period shall not apply to claims for damages.
3. If Airless Discounter GmbH delivers a defect-free object of purchase for the purpose of subsequent performance, Airless Discounter GmbH may demand that the buyer return the defective object of purchase.
4. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage shall not constitute grounds for a claim against Airless Discounter GmbH.
§ 9 Limitation of liability
1. Airless Discounter GmbH shall only be liable for damages other than those resulting from injury to life, limb and health insofar as such damages are due to intentional or grossly negligent conduct or culpable breach of an essential contractual obligation by Airless Discounter GmbH or its vicarious agents. An essential contractual obligation is an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the purchaser may regularly rely. Any further liability for damages shall be excluded. Claims arising from a guarantee given by Airless Discounter GmbH for the quality of the object of purchase and the Product Liability Act shall remain unaffected by this.
2. According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our internet shop at all times.
§ 10 Rentals
The following rental conditions form the basis for the rental of equipment from Airless Discounter GmbH.
1.1 Participation in an introductory course for airless spraying technology at Airless Discounter GmbH.
1.2 Recognised professional training in this field with experience in airless spraying technology.
2. Rental period
The minimum rental period is 3 days. The start of the rental period is the day on which the airless spraying equipment is taken over (self-collector, forwarding agent). Deliveries are currently made within 5 - 7 working days. The rental period ends automatically at the end of the agreed rental period without the need for express notice of termination.
The rent is inclusive of VAT and is based on the minimum rental period of 3 days (rental unit) if the end of the rental period does not fall on a Saturday, Sunday or public holiday. For rentals longer than the minimum rental period, the rent is calculated on the co-unit, regardless of whether fewer days than the rental unit are rented. Delivery charges are not included in the rental price. The rental fee can only be paid in advance. Delivery will only take place after receipt of payment.
4. Defect-free handover
The rental equipment shall be delivered or handed over in a defect-free condition. If used rental equipment shows signs of use, this will be documented. If defects are found on delivery, these must be documented. If this is not done, the hirer shall be liable for the defect.
The lessee is obliged to treat the rental object with care. The lessee is not entitled to make any changes to the rental object or to use it for purposes other than those for which it is intended. In the event of loss or damage to the rental equipment, Airless Discounter GmbH must be informed immediately. Subletting is not permitted. Likewise, the rented item may not be pledged, transferred or assigned to third parties. 6.
6. No transfer of ownership
The conclusion of a rental agreement does not constitute a transfer of ownership.
The rental equipment must be returned or handed over to Airless Discounter GmbH on the following working day after expiry of the agreed rental period.
The hirer shall be liable for any damage caused by him or arising in his sphere. This applies in particular to damage caused by late return, improper use and improper storage (total or partial loss). The lessee shall not be liable for damage occurring within the scope of normal wear and tear.
§ 11 Choice of law, place of jurisdiction
All disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of UN sales law is excluded.
If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Airless Discounter GmbH. The same shall apply if the buyer does not have a general place of jurisdiction in Germany or if the buyer's place of residence or habitual abode is unknown at the time the action is filed.
§ 12 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 the General Terms and Conditions
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.