General Terms and Conditions

with Customer Information

Last Update: 14. November 2021

Table of contents

• Validity of the GTC
• Contact and service details
• Ordering process and Conclusion of Contract Contract Text and Contract Language Prices and Shipping Costs
• Payment Methods and Terms
• Purchase on account
• Delivery, Availability of Goods Subscriptions
• Copyright and Rights of Use
• Instructions on Withdrawal
• Warranty and Liability
• Final provisions
• Dispute Resolution

1) Validity of the GTC

• a) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Qualit-Air Europe, Mossauer Strasse 17, 64720 Michelstadt, Germany (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").

• b) Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.

• c) A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

• d) "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

• e) The offer of the Vendor is directed exclusively to Customers who are entrepreneurs (also referred to as "Business Customers" or "B2B"). By placing an order or registering as a Customer, Customers declare that they are an entrepreneur and not a consumer.
  

2) Contact and service details

Please note the following information about the availability of our customer service.

• Email address: mike@qualit-air.com
• Phone number: +49 6152 950948
• Customer service availability: Weekdays from 9:00 a.m. to 6:00 p.m.

3) Ordering process and Conclusion of Contract

• a) The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.

• b) The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  

• c) The Vendor may accept the Customer's offer within 30 days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.

• d) By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

• e) Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as return to the shopping basket or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).

• f) A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.

• g) A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.

• h) A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

• i) Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

4) Contract Text and Contract Language

• a) The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.

• b) If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.

• c) The contract languages are German and English, contracts can be concluded in these languages.
  

5) Prices and Shipping Costs

• a) The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.

• b) In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.
  

6) Payment Methods and Terms

• a) Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.

• b) When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

• c) The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.

• d) If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").

• e) The following payment methods are available to Customers:

• f) Purchase on account - The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction by payment to the Vendor's bank account, unless otherwise agreed. The payment method purchase on account is only available up to an invoice amount of Euro.

• g) Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after shipment of the goods and after the Customer's authorisation as the legitimate cardholder.

7) Purchase on account

• a) If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

• b) For Customers who are entrepreneurs, the following shall apply in addition: The Vendor shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the Customer shall always be carried out for the Vendor. If the reserved goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the goods subject to retention of title. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the reserved goods with a real property. Access by third parties to the goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the goods subject to retention of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request insofar as their value exceeds the claims to be secured by more than 20 %. Upon settlement of all claims of the Vendor arising from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the Customer. The choice of the securities to be released is incumbent on the Vendor.

8) Delivery, Availability of Goods

• a) The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.

• b) If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.

• c) If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.

• d) If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.

• e) Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

• f) If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, the Vendor may withdraw from the contract. In this case, the Vendor will inform the Customer without delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

Subscriptions

• a) "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").

• b) A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.

• c) Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.

• d) Subscriptions are billed in advance at the beginning of each Subscription Period.

• e) The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.

• f) The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.

• g) Subscription contracts can be terminated in text form (e.g. e-mail).
  

Copyright and Rights of Use

• a) The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.

• b) The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.

• c) If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.

• d) If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.

9) Instructions on Withdrawal

• a) The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.

• b) The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.

10) Warranty and Liability

• a) Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.

• b) The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.

• c) The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.

11) Final provisions

• a) The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

• b) The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

12) Dispute Resolution

We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

Created with the Datenschutz-Generator.de by Dr. Thomas Schwenke