Terms and conditions
Terms and conditions for consumers
- Scope of application
- The General Terms and Conditions (GTC) shall apply to all business relations with consumers (hereinafter referred to as "Buyer"). The buyer is a consumer (§ 13 BGB), as far as he places the order exclusively for private purposes and not for his commercial or independent professional needs.
- Our GTC apply exclusively.
- Unless directly amended or expressly excluded in these GTC, the statutory provisions shall apply.
- Conclusion of the contract
- Our offers are subject to change and non-binding.
- The buyer's order is a binding offer. We can accept his offer within two days after receipt. Acceptance can be made either by sending an order confirmation or by performance.
- If the buyer's order is placed via our Internet pages shop.purify.aero the buyer can select products on our Internet pages and collect them by clicking the button "add to shopping cart". By clicking the button "send order" the buyer makes a binding offer to purchase the products in the shopping cart. Before sending the order, the buyer can change and view the data at any time. The offer is only submitted and transmitted if the buyer has previously accepted these terms and conditions by clicking on the button " I have read and accepted the General terms and conditions of your shop.".
- If the buyer orders electronically, we send the buyer an automatic, printable confirmation of receipt by e-mail. In it the order and the terms and conditions are listed again. It is not the acceptance of the offer.
- We are entitled to make quality improvements as well as changes in technology, form, color and/or weight, provided that they correspond to reasonable quality tolerances.
- We reserve the right to contest the contract in case of accidentally wrong information about the product or the price.
- The buyer may assign claims from the contract only with our prior consent in text form and only insofar as our interests are not unreasonably impaired by the assignment.
- Delivery time, right of withdrawal, delay in delivery
- If a binding delivery period is culpably exceeded, the buyer can set us a reasonable grace period to deliver the goods. If we do not meet this deadline either, the buyer is entitled to withdraw from the purchase contract.
- If we are unable to meet a binding delivery date for reasons beyond our control, we will inform the buyer immediately of the new delivery date. If the goods are also not available within the new delivery period for reasons for which we are not responsible, we are entitled to withdraw from the contract in whole or in part. If the goods have already been paid for, we will refund the purchase price.
In particular, we shall not be responsible for late delivery if we have concluded a congruent hedging transaction and have not been supplied on time ourselves. If the buyer cannot reasonably be expected to accept the goods as a result of the delay, he may withdraw from the contract by immediate declaration in writing (by letter, fax or e-mail). Further legal claims of the buyer remain unaffected.
- Delivery, default of acceptance
- The place of performance for all obligations arising from the contractual relationship is Lichtenfels. At the request of the buyer, we shall ship the goods to a place determined by the buyer (sale by delivery to a place other than the place of performance) and shall determine the type of shipment (in particular transport company, shipping route, packaging).
- We are entitled to make partial deliveries, if
- a partial delivery can be used by the buyer according to the contractual purpose and
- the delivery of the remaining goods is ensured.
- If our performance is delayed for reasons for which the Buyer is responsible (e.g. default of acceptance), we shall be entitled to demand compensation for the resulting damage and any additional expenses (e.g. storage costs).
- Prices, terms of payment, default in payment, offsetting
- Our current prices at the time of order placement apply. The prices refer to the articles shown and described in the webshop, but not to contents, accessories and decoration.
- The prices include value added tax. They do not include packaging and transport / shipping costs. They are valid ex warehouse. We inform the buyer about the shipping and handling costs on the website under the link "Shipping & Payment" and in our offers.
For deliveries abroad, the freight costs to be paid by the buyer are determined separately. Any customs duties, fees, taxes and other public charges shall be borne by the buyer. The shipping conditions for the countries to which the company's webshop is directed are indicated on the website via the link 'Shipping & Payment'.
- Delay occurs 14 days after the invoice is issued. During the period of default, we are entitled to charge interest on the purchase price at the statutory default interest rate. We reserve the right to claim further damages caused by delay.
- Product quality, defect rights of the buyer
- Due to technical circumstances, product representations, especially in color shades, may differ slightly from the product.
- If there is a defect in the goods, the buyer may, at his discretion, demand subsequent performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement).
- The buyer must grant us a reasonable period of time for subsequent performance. If we have tried to remedy the defect twice in vain, it shall be deemed to have failed.
- If the supplementary performance has failed or has been delayed beyond a reasonable period of time or can be refused according to the statutory provisions, a reduction of the purchase price or, in case of a not insignificant defect, withdrawal from the purchase contract is possible.
- If we supply the buyer with goods free of defects for the purpose of subsequent performance, the buyer is obliged to return the defective goods to us within 30 days. We shall bear the costs of the return shipment.
- We do not assume any warranties beyond those in this clause 6. In particular, we do not assume any guarantees or liability for public statements by third parties.
- Claims of the Buyer for damages and reimbursement of expenses shall only exist in accordance with Section 7.
- Other liability
- We are liable for damages - regardless of the legal basis - in the event of intent and gross negligence.
- In the case of simple negligence, we shall only be liable for damages resulting from the violation of an essential contractual obligation, limited to compensation for foreseeable, typically occurring damages. An essential contractual obligation is an obligation, the fulfilment of which makes it possible to achieve the purpose pursued with the conclusion of the contract and on the fulfilment of which the buyer may regularly rely.
- The limitation of liability according to 7.2 shall not apply to damages resulting from injury to life, body or health. Furthermore, it shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or if the Buyer has claims under the Product Liability Act.
- Due to a breach of duty which has not led to a defect, the buyer can only withdraw or terminate the contract if we are responsible for the breach of duty. In all other respects the statutory provisions shall apply.
- As far as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
- Ownership, retention of title
- We are entitled to the exclusive copyrights to the representations in the online store and other product descriptions, also in electronic form.
- The delivered goods remain our property until all claims from this contract have been fulfilled in full.
- If the buyer acts in breach of contract - in particular in case of default of payment - we are entitled to withdraw from the contract and to demand the return of the reserved goods after we have set the buyer a reasonable deadline for performance.
- In the event of access by third parties to the goods subject to retention of title - in particular in the event of seizure - the buyer is obliged to point out our ownership and to inform us immediately.
The buyer is not entitled to resell the goods delivered by us commercially.
Please avoid damage and contamination when handling the products. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging.
If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
Please note that the modalities mentioned in the above paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.
- Applicable law
These General Terms and Conditions and all legal relations between us and the Buyer are exclusively subject to the law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention.
- Alternative dispute resolution
We always try to reach an agreement with the customer. Please use our service contact at firstname.lastname@example.org or our other contact possibilities.
The European Commission provides an Online Dispute Resolution (OS) platform with further information, which is available on the Internet at http://ec.europa.eu/consumers/odr/.
However, we do not participate in formal dispute resolution proceedings before consumer arbitration boards.