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General Terms and Conditions

These terms and conditions apply to all business relationships with PeriAir GmbH.
Our offer is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB.
Section 1 Application areas
1.1 Our terms and conditions of sale apply exclusively, even to future business relationships via this online shop or by e-mail, even if they are not expressly agreed again. We do not recognise deviating conditions of the purchaser.
1.2 All oral agreements and declarations made between us and the customer before or at the time of conclusion of the contract are invalid without our written confirmation.
1.3 The contract language is German.
Section 2 Conclusion of contract
2.1 The presentation of the products in the web shop is not a contractual offer. By clicking the “Buy” button or sending an order, the customer submits a binding contract offer. After the order, an automated electronic confirmation will be sent by us in the online shop immediately that we have received the offer. This e-mail does not contain any explanation that we accept the offer. The declaration of acceptance of the offer only shall be made by notifying them about the dispatch of the goods or, if applicable, by a separate declaration of acceptance by e-mail, but at the latest after 2 days. Only with this acceptance of the offer does the contract come into existence.
2.2 The text of the contract is stored by us and sent to the customer upon request after conclusion of the contract.
2.3 By placing an order, the purchaser expressly requires the dispatch of the goods in packaging which is used to protect the goods from transport damage or which serve the safety of transport (transport packaging).
2.4 Illustrations, drawings, weight, performance or other construction information contained on the website are only approximate. We reserve the right to make changes and deviations from the quality of the goods if and insofar as they only insignificantly affect the agreed use of the goods concerned.
The purchaser is solely and self-responsible for the usability of the ordered items for the purpose intended by him, unless it is expressly guaranteed to be used.
2.5 Orders will be processed according to the delivery times we have agreed.
2.6 If an ordered item is not available because we are not supplied by our supplier through no fault of our own, we are entitled to withdraw from the contract. In this case we will be the customer
Inform immediately that the ordered goods are no longer available and reimburse any services that have already been provided without delay.
3 prices
All prices are quoted in Euro. The statutory VAT as well as the shipping costs communicated to the customer during the ordering process may not be included in the indicated prices. Prices can also be specified by an informal offer by e-mail. The prices are only fixed in the order confirmation and the acceptance of the order.
4 Delivery
4.1 Purchased goods shall be sent by us to the delivery address in Germany or worldwide named by the orderer. The shipment is done by a delivery service.
4.2 Goods which cannot be shipped by parcel are delivered from a forwarding to the curb edge. In this case, an appointment shall be made by telephone by us or the forwarding agent so that the customer can receive the goods in person.
4.3 Should the delivery of the goods fail due to the fault of the purchaser despite the attempt to deliver three times, we may withdraw from the contract. Payments made may be refunded.
Section 5 Payment Terms
Unless otherwise agreed, the purchase price net (without deduction) must be paid by invoice immediately and without deduction.
Section 6 Reservation of title
We reserve title to the goods delivered by us until full payment has been made.
Section 7 Verification of defects and burden of proof
7.1 After delivery, the purchaser must inspect the goods for defects and notify any defects. If the customer is a merchant within the meaning of the German Commercial Code (HGB), reference is made to Section 377 of the German Commercial Code (HGB).
7.2 If the purchaser shall impose unjustified notifications of defects due to his own fault, the purchaser is obliged to bear the costs caused by the examination of the defect on the basis of the hourly rates generally valid at the time of the inspection, which we are happy to inform us upon request.
7.3 If we dispute the defectiveness of the goods, the purchaser is responsible for the customer's proof that the defect was already present at the time of transfer of risk.
Section 8 Claims for defects of the purchaser
8.1 In the event of a justified and timely complaint, we will remedy the defects at our discretion by meantime by means of free replacement delivery or repair (subsequent performance).
8.2 If the subsequent performance is impossible, it fails or if it does not occur within a reasonable period set by the purchaser, the purchaser may demand a reduction in the remuneration or cancellation of the contract. This also applies if we refuse supplementary performance due to disproportionately high costs. To determine the
The disproportionate nature of the costs of subsequent performance shall be decided in particular to the ratio between the value of the purchased item in a defect-free state and the costs incurred for the supplementary performance.
8.3 Claims for damages due to defects in the delivered goods shall only be entitled to the purchaser in accordance with clause 9 of these conditions.
8.4 Claims for material defects do not arise if the defect is due to a violation of operating, maintenance or installation instructions, unsuitable or improper use, incorrect or negligent handling, natural wear and tear or improper interference in the object of purchased by the customer or third parties.
8.5 Information in the online shop and other product descriptions shall only be understood as quality or durability guarantees if they are expressly designated as such in detail in detail.
8.6 The customer's statutory recourse claims, if the goods are resold to a consumer, remain unaffected by the above provisions. However, such recourse claims exist only insofar as the purchaser has not made any agreements with his customer beyond the statutory claims for defects. The provisions on limiting liability apply to the scope of the recourse claims.
Section 9 Compensation and limitation of liability
9.1 If we have caused slight negligence, there is a claim for damages against us due to the statutory provisions only in the event of a violation of essential contractual obligations. This claim for damages is limited to contract-typical damage. This limitation does not apply in the event of violation of
Life, body and health.
9.2 Irrespective of this, any liability shall remain unchanged if the defect is fraudulently concealed, from the assumption of a guarantee or a procurement risk and under the Product Liability Act.
9.3 Insofar as we are liable for damages in accordance with 9.2, this liability is limited to damages which we foresaw at the time of conclusion of the contract as a possible consequence of a breach of contract or which we should have foreseen with the application of customary transport care. Indirect damages and consequential damages, which are the result of defects in the delivery item, are only responsible for compensation, insofar as such damages
intended use of the delivery item is typically to be expected.
9.4 The liability for delayed delivery is finally regulated in clause 4.
9.5 The personal liability of the legal representatives, vicarious agents and employees of ours is excluded for damage caused by these by these slight negligence.
9.6 If we hold for simple negligence, the obligation to pay compensation for property damage and resulting further financial losses is limited to an amount of EUR 5,000 per case of damage, even if it is a violation of essential contractual obligations.
9.7 The above exclusions and limitations of liability shall apply to the same extent to the benefit of the organs, legal representatives, employees and other vicarious agents.
9.8 The limitations of this Section 9 do not apply to our liability for intentional conduct, guaranteed characteristics, injury to life, body or health or according to the Product Liability Act.
Section 10 Limited usability for system-critical systems
The purchaser is aware that the products sold by us do not have any approval for use in safety-critical systems and applications in which malfunction personal injury, life risk or serious property damage results from malfunction
can. If the customer uses or sells such products for use in systems or applications for which there is no approval of the product, he alone is responsible for this use or this sale.
Section 11 Limitation
The warranty period is 6 months, calculated from the transfer of risk. Insofar as the law provides for longer limitation periods, the limitation period increases
according to the minimum. In all other respects, statutory limitation regulations for claims for claims for damages due to intentional breaches of duty remain unaffected. The limitation period for claims under the Product Liability Act [insofar as such exists], there is also no domination.
Section 12 Returns
We reserve the right to take back originally packaged goods from grace in individual cases. If goods are sent back to us without prior notice, this does not release the purchaser from his payment obligation.
Section 13 Return and Disposal according to ElektroG
13.1 We are not obliged to return goods delivered in accordance with the provisions of the Electrical Act. The purchaser undertakes to make delivered goods after termination of use at his own expense in accordance with the provisions of the Electrical Act
to properly dispose of.
13.2 The customer shall indemnify us in the house relationship from the obligations of the Electrical Act or corresponding provisions and therefore in connection with possible claims by third parties in the event of a sale of the products. In the event that he pass on the delivered goods to third parties, the purchaser must oblige them to take back the goods after termination of use and to dispose them at his own expense; alternatively, he must sign up this obligation to his customers if they act industrially.
Section 14 Export Control
We deliver the products mainly in Germany. If the purchaser purchases the products from abroad, he is obliged to comply with all relevant requirements.
15 Miscellaneous
15.1 The contractual relationship is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2 If the customer is a registered trader, our place of business is the place of jurisdiction; we are entitled to also bring an action at the registered office of the purchaser.
15.3 Unless otherwise stated in the order confirmation, our place of business is the place of performance, including for any supplementary performances
15.4 The assignment of claims arising from the business relationship with us is excluded.
15.5 Should individual provisions of this contract not legally validate or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the contract. In this case, the parties undertake to agree on an effective provision instead of the invalid provision, which, insofar as legally
possible the economic purpose pursued by the invalid provision, taking into account the interests expressed in this contract, is closest.