General Terms and Conditions for Consumers (B2C)
§ 1 Scope, Contract Language
(1) These General Terms and Conditions (GTC) apply to contracts concluded between you and us, the company ClimAir PLAVA Kunststoffe GmbH, Am Spitzacker 20-22, 61184 Karben, registered in the commercial register of the Hanau District Court under HRB 91047, represented by the managing director Mr. Guido Hommel (click: Imprint), via this online shop.
(2) The language available for concluding the contract is exclusively German. Translations of these terms into other languages are for informational purposes only. In case of any discrepancies, the German text prevails.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
German law applies, excluding the UN Sales Convention (CISG), if:
(a) You have your habitual residence in Germany, or
(b) Your habitual residence is in a country outside the European Union.
If your habitual residence is in an EU member state, German law still applies, without prejudice to mandatory provisions of the state in which you reside.
§ 3 Conclusion of Contract
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Order with obligation to pay” button in the final step of the ordering process, you submit a binding offer to purchase the goods and/or services displayed in the order summary. Immediately after submitting your order, you will receive an order confirmation, which does not yet constitute acceptance of your offer. A contract between you and us is concluded once we accept your order via a separate email or dispatch the goods. Please check your email spam folder regularly.
(3) In our online shop, you can select goods and/or services by adding them to your shopping cart via the corresponding button. To complete the order, go to the shopping cart, where you will be guided through the ordering process. After selecting items and entering all required order and address information, clicking “Continue” opens a page summarizing all key item details, including costs. Until this point, you may correct entries or withdraw from the contract. Only by subsequently clicking “Order with obligation to pay” is a binding offer submitted as per paragraph 2.
§ 4 Correction Notice
During the ordering process, you first add desired goods or services to the shopping cart. You can change quantities or remove items at any time. By clicking “Continue”, you proceed to enter your data and select shipping and payment methods. An overview page will then appear, allowing you to review all information. You can correct errors (e.g., payment method, data, quantities) by clicking “Edit”. To cancel the order entirely, simply close your browser window. Otherwise, clicking “Order with obligation to pay” makes your declaration binding under §3 (2).
§ 5 Storage of Contract Text
The contract terms, including information on ordered goods and/or booked services, as well as these GTC and the withdrawal instructions, will be sent to you by email upon acceptance of the contract offer. We do not store the contract terms ourselves.
§ 6 Collection, Storage, and Processing of Personal Data
(1) You can place orders as a guest or a registered user. Registered users do not need to enter personal data each time and may log in with their email and chosen password.
(2) Required data for processing an order:
First and last name
Email address
Postal address
(3) To create a customer account, the above data plus a self-chosen password are required.
(4) Your data are used solely to fulfill and process your order, e.g., for delivery. For bank transfers, we also use your banking information for payment processing. Any additional use for marketing, research, or tailoring our offers requires your explicit consent, which can be revoked at any time.
(5) Data remain in your account until you delete it. Guest orders are stored only as required by tax and commercial law.
(6) You are responsible for updating your personal data. Changes can be made online after login under “My Account.”
§ 7 Payment Terms
The purchase price is due immediately upon ordering. Payment is via PayPal or advance payment. Bank details:
DE87 5004 0000 0355 1991 00
BIC COBADEFFXXX
ClimAir reserves the right to offer alternative payment methods.
§ 8 Retention of Title
Goods remain our property until fully paid. If payment is overdue by more than 10 days, we may withdraw from the contract and reclaim the goods.
§ 9 Delivery Terms
We deliver according to the agreements made. Shipping costs are listed per product and separately on the invoice.
§ 10 Right of Withdrawal
Consumers are entitled to withdraw according to the instructions in the appendix. A consumer is a natural person acting mainly outside their trade or profession.
§ 11 Warranty for Goods
(1) For defective goods, you may demand remedies, rescind the contract, or reduce the purchase price, under statutory provisions.
(2) Warranty claims expire two years after receipt. Claims for fraudulently concealed defects expire under the regular limitation period.
(3) Additional rights may exist under any express guarantee given.
§ 12 Limitation of Liability
(1) We are liable for intent and gross negligence. Liability for slight negligence is limited to obligations essential for contract performance, whose breach endangers the contract purpose, and on which you regularly rely. Liability does not cover other slight negligence. Liability for injury to life, body, or health and under the Product Liability Act remains unaffected.
(2) Internet communication cannot be guaranteed error-free or uninterrupted. We are not liable for the continuous availability of our online shop.
§ 13 Final Provisions
(1) These terms are complete and final. Amendments should be made in writing.
(2) If you resided in Germany at contract conclusion, German courts have jurisdiction.
(3) You may also use alternative dispute resolution under EU Regulation No. 524/2013: http://ec.europa.eu/consumers/odr. Email: info@climair.de. Participation in consumer arbitration is not mandatory (§36 VSBG).
(4) Invalid provisions do not affect the remainder of the contract.
Consumer Information
Contract language: German; translations are for information only.
Product descriptions contain essential characteristics.
Presentation of goods is not a binding offer; only ordering constitutes a binding offer.
Errors in entries can be corrected before final confirmation.
If the ordered goods are unavailable, we will inform you promptly.
Prices are final, including taxes; shipping costs shown separately.
Payment is due immediately, via credit card (SSL-secured), bank transfer, or our payment provider.
You may use alternative dispute resolution under EU Regulation No. 524/2013: http://ec.europa.eu/consumers/odr.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
Withdrawal period: 14 days from the day you or a third party designated by you, who is not the carrier, takes possession of the goods.
To exercise your right, notify us via clear statement (letter, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it suffices to send your communication before the expiry of the 14-day period.
Consequences of Withdrawal
General Terms and Conditions for Entrepreneurs (B2B)
– Online Shop –
§ 1 Scope
These General Terms and Conditions (GTC) apply to contracts concluded between you and us, the company ClimAir PLAVA Kunststoffe GmbH, Am Spitzacker 20-22, 61184 Karben, registered in the commercial register of the Hanau District Court under HRB 91047, VAT ID: DE112589356, represented by the managing director Mr. Guido Hommel (click: Imprint), via this online shop, unless expressly agreed otherwise in writing between you and us. Conflicting or differing terms and conditions are not recognized by us unless we expressly consent in writing.
(2) Changes to these terms and conditions will be communicated to you in writing, by fax, or by email. If you do not object to a change within four weeks of receipt, the change shall be deemed accepted. You will be separately informed about the right to object and the legal consequences of silence in case of changes.
§ 2 Registration as a User
(1) Registration in our trading system is free of charge. There is no entitlement to access. Only persons fully capable of contracting are eligible. Upon request, you must provide a copy of your ID and/or VAT ID and document your registration in the commercial register. To register, complete the online registration form on our website and email it to us. Required data must be complete and truthful. You will choose a personal username and password. The username must not violate third-party rights, trademark rights, or public morals. You must keep the password confidential and not disclose it to third parties.
(2) Aside from agreeing to these GTC, registration entails no obligations. You may delete your entry at any time under “My Account”. Registration alone does not create any purchase obligation.
(3) You are responsible for updating any changes to your personal information. Changes can be made online under “My Account.”
§ 3 Data Protection
(1) All personal data provided (title, name, address, date of birth, email, phone, fax, bank details, credit card number) will be processed exclusively in accordance with German data protection law.
(2) Personal data required for establishing, performing, and terminating the contractual relationship will be used exclusively to process contracts between you and us, e.g., for delivery. Any additional use for marketing or research requires your explicit consent, which can be given before placing an order and revoked at any time.
(3) We also use usage data, including pseudonymized information on your use of our online services, to create usage profiles for marketing, research, or service optimization. You may object to this processing in “My Account”. Usage profiles will never be merged with personal data.
(4) For further information, or to access, revoke, or object to the use of your data, contact our support: info@climair.de or +49 6039 9163-0.
§ 4 Conclusion of Contract, Contract Language
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking “Order with obligation to pay” in the final step of the ordering process, you submit a binding offer to purchase the goods and/or services displayed in the order summary. Immediately after submitting the order, you receive an order confirmation, which does not yet constitute acceptance of your offer. A contract is concluded once we accept your order via a separate email or dispatch the goods. Check your spam folder regularly.
(3) You may select goods/services in the online shop by adding them to the shopping cart. To complete the order, go to the shopping cart and follow the process. After entering all required data, click “Continue” to review costs and details. You can correct errors or withdraw until you click “Order with obligation to pay”, which submits a binding offer.
(4) Contract language is exclusively German. Translations are for informational purposes only; the German version prevails in case of discrepancies.
§ 5 Correction Notice
During the order process, you can adjust quantities or remove items from your shopping cart. Clicking “Continue” leads you to enter your data and select shipping and payment methods, then to a summary page for review. Errors can be corrected via “Edit.” Closing your browser cancels the order. Clicking “Order with obligation to pay” makes your declaration binding under §4 (2).
§ 6 Storage of Contract Text
Contract terms, including ordered goods/services and these GTC, will be emailed upon acceptance. We do not store contract texts ourselves.
§ 7 Payment Terms
Unless agreed otherwise, our prices are ex works, including loading, excluding packaging. Payment must be made at the agreed location either:
(1) under individually agreed terms, or
(2) 30 days net from invoice date.
§ 8 Retention of Title
(1) Goods remain our property until fully paid. If payment is overdue by more than 30 days, we may withdraw from the contract and reclaim the goods.
(2) You may resell goods in the ordinary course of business. In this case, you assign all claims from resale to us up to the invoice value. You remain authorized to collect these claims as long as you meet your payment obligations and no insolvency proceedings are filed. If collateral exceeds claims by more than 10%, we must release part of the collateral upon request.
§ 9 Delivery Terms
(1) Delivery follows the agreements made. Shipping costs are listed per product and on the invoice. Delivery dates are binding only if confirmed in writing.
(2) If delivery is not provided or not compliant, you must give a 2-week grace period before withdrawing. Otherwise, withdrawal is not permitted.
§ 10 Warranty for Goods
(1) For defective goods, you may demand remedies (repair or replacement). We decide the type of remedy. If it fails, you may reduce the price or withdraw, provided legal conditions are met. Fulfillment of §377 HGB inspection and complaint obligations is required.
(2) Limitation period for warranty claims is 12 months from receipt (except for damages).
§ 11 Limitation of Liability
(1) Liability for intent and gross negligence is unlimited. For slight negligence, liability is limited to essential obligations necessary for contract fulfillment whose breach endangers the contract purpose and is regularly relied upon. Liability is limited to foreseeable, typical damages. No liability for other slight negligence. Liability for injury to life, body, or health and under the Product Liability Act remains unaffected.
(2) Internet communication cannot be guaranteed error-free or uninterrupted. We are not liable for continuous availability of our online shop.
§ 12 Final Provisions
(1) Changes or amendments require written form, including waiver of this requirement.
(2) German law applies, excluding the UN Sales Convention (CISG).
(3) Place of performance and exclusive jurisdiction for disputes is the district court Frankfurt am Main.
(4) Invalid provisions do not affect the remainder. Parties will replace invalid clauses with legally valid provisions that reflect the economic intent. This applies similarly to gaps.
We will refund all payments received, including delivery costs (except extra costs for a different type of delivery than the cheapest standard delivery), within 14 daysof receiving your withdrawal notice.
Refunds use the same payment method unless agreed otherwise; no fees will be charged.
We may withhold the refund until the goods are returned or proof of return is provided, whichever is earlier.
You must return goods within 14 days. Return costs are borne by you. You are liable only for diminished value caused by handling not necessary to inspect the goods.
We do not offer international exchanges. Customers abroad will not be refunded return shipping costs. Please consider this when ordering or returning goods.