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.