General Terms and Conditions

    End customers
    Business customers

    1. general, scope of application, definitions

    1.1 These General Terms and Conditions (hereinafter referred to as "GTC") contain the basic regulations for purchases by consumers for products of the company Airwende Umweltschutz GmbH, Sophie-Charlotten-Str. 11, 14059 Berlin (hereinafter referred to as "Seller").

    1.2 Terms and conditions of the customer that deviate from these GTC shall not apply unless their validity has been expressly confirmed by the seller.

    1.3 "Consumer" within the meaning of these GTC is any customer who, as a natural person, concludes the contract for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity.

    1.4 Offers within the meaning of these GTC are those made by the Seller under www.airwende.de and the products presented in the company's current catalogues, 

    2. conclusion of contract

    2.1 The essential characteristics of the goods are presented in the respective item descriptions on the website or in the catalogues. The presentation of the items does not constitute a binding offer by the seller to conclude a purchase contract. 

    2.2 When the customer completes the order process by clicking on the corresponding button in the webshop, he makes a binding offer to conclude a purchase contract with the seller. The same applies if the customer places an order (by letter, telephone or e-mail). The receipt of the offer is confirmed by sending a confirmation of receipt by e-mail. This confirmation of receipt does not constitute acceptance of the offer. The seller declares acceptance or rejection of the customer's offer within a maximum period of five days after receipt of the order by means of an express declaration. Sending the ordered goods or an invoice to the customer is equivalent to an express declaration of acceptance. If the customer chooses a payment method provided by the seller, in which the payment process is triggered during or immediately after the order, the contract is already concluded upon confirmation of the payment instruction by the customer, in deviation from the above provisions.

    2.3 All items are sold in standard commercial quantities. The seller reserves the right not to accept orders exceeding this quantity. 

    2.4 The essential content of the contract concluded between the customer and the seller results from these GTC and the specific information and order data transmitted as part of the order. The GTC and the order data are sent to the customer by the seller with the confirmation e-mail. The GTC are only available in their current version on the website of the online shop.

    3. right of cancellation

    3.1 If you have ordered goods from the online shop as a consumer, you have a statutory right of cancellation in this respect, to which the cancellation policy set out in section 3.2 below applies. The model cancellation form, to which reference is made in each case, can be found in section 3.3.

    3.2 Cancellation policy

    Right of cancellation

    You may cancel this contract within fourteen days without giving any reason. The cancellation period begins on the day on which you or a person named by you (not the carrier) take possession of the goods.

    To exercise the right to cancel, you must inform us (Airwende Umwelttechnik GmbH, Sophie-Charlottenstraße 11, 14059 Berlin, Germany) of your decision to cancel this contract by a clear statement (e.g. by letter, fax or e-mail). You can use the attached sample cancellation form for this purpose

    To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

    Consequences of cancellation

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

    You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. In the case of the return of products labelled as "forwarding goods", you shall bear the return costs in the amount of €100. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

    3.3 Cancellation form

    You can download and print out the cancellation form here.

    4. prices, shipping costs, terms of payment 

    5.1 All prices stated on the website are final prices and include all price components including statutory VAT. Depending on the order value and type of goods ordered, additional packaging, shipping and delivery costs may be incurred, which are shown and charged separately.

    5.2 Payment is possible by credit card (Visa, Mastercard), Paypal, Sofortüberweisung. The customer is not entitled to the availability of a specific means of payment. In the case of payment by credit card or Paypal, the customer's credit card or Paypal account will be debited upon completion of the order. 

    5th delivery

    5.1 The delivery area is the Federal Republic of Germany, excluding the German islands.

    5.2 The availability of the individual goods is indicated in the item descriptions. 

    5.3 The Seller reserves the right to provide partial performance if this appears advantageous for speedy processing and the partial performance is not exceptionally unreasonable for the Customer. 

    5.4 The delivery of products labelled as "forwarding goods" shall be made by lorry and "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless expressly agreed otherwise.

    6. reservation of title

    Delivered goods remain the property of the seller until the purchase price has been paid in full and all claims arising from the delivery contract have been settled.

    7. liability

    7.1 The Seller shall be liable for damages suffered by the Customer in accordance with the statutory provisions,

    a. which were caused by the seller or his vicarious agents or assistants wilfully or through gross negligence, 

    b. are the consequence of the non-existence of a guaranteed quality of performance, 

    c. which are based on a culpable breach of material contractual obligations (see clause 7.2), 

    d. are the consequence of culpable injury to health, body or life, or

    e. for which liability is provided for under the Product Liability Act.

    However, in the event of a merely slightly negligent breach of a material contractual obligation, the Seller's liability shall be limited to such damage as must typically and foreseeably be expected to occur in the context of the provision of the agreed services. This limitation shall not apply if damages are the consequence of injury to health, body or life or the consequence of the non-existence of a guaranteed quality of the service.

    7.2 Material contractual obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely, and whose breach on the other hand would jeopardise the achievement of the purpose of the contract.

    7.3 Otherwise, the Seller's liability is excluded irrespective of the legal grounds.

    7.4 The above limitations of liability in favour of the Seller shall also apply in the same way to the personal liability of the Seller's employees, representatives and vicarious agents.

    8. limitation of claims for defects

     For consumers, the statutory limitation period of two years from delivery of the goods shall apply to the seller.

    9. out-of-court dispute resolution

    9.1 The European Commission provides https://ec.europa.eu/consumers/odr/ provides an online dispute resolution platform that consumers can use to resolve a dispute and where consumers can find further information on dispute resolution.

    9.2 However, the seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in the event of a dispute with the customer.

    10. data protection

    The seller collects, processes and uses the customer's personal data. Information on the type and scope of data processing and data protection can be found in the seller's privacy policy: 

    Link to the privacy policy

    11. final provisions

    11.1 The language available for the conclusion of contracts is exclusively German. 

    11.2 Information on contracts is transmitted by e-mail. The customer shall therefore ensure that the e-mail address provided by him when placing the order is functional and that he can receive the seller's e-mails and that access is not restricted or prevented by spam filters. 

    11.3 The contract between the Seller and the Customer shall be governed exclusively by the law of the Federal Republic of Germany. In addition, the mandatory consumer protection provisions applicable in the country in which the customer has his habitual residence shall apply, insofar as these grant the customer further protection. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

    Status: November 2024