General Terms and Conditions for Consumers and Business Customers (B2C & B2B)

Important: This English version is provided for information purposes only. The contractual language is German. In the event of any discrepancy, the German version shall prevail.

B2C – General Terms and Conditions for Consumers

§ 1 Scope and contractual language

(1) These General Terms and Conditions apply to contracts concluded via this online shop between you and ClimAir PLAVA Kunststoffe GmbH, Am Spitzacker 20-22, 61184 Karben, Germany, registered with the Commercial Register of the Local Court of Hanau under HRB 91047, represented by its Managing Director, Mr Guido Hommel.

(2) The contractual language is German only. Translations into other languages are provided solely for information. In the event of any discrepancy, the German text shall prevail.

§ 2 Applicable law and mandatory consumer protection provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, if:

(a) your habitual residence is in Germany; or

(b) your habitual residence is in a country that is not a Member State of the European Union.

If your habitual residence is in a Member State of the European Union, German law shall also apply, without prejudice to mandatory provisions of the country in which you have your habitual residence.

§ 3 Conclusion of the 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 “Place order with obligation to pay” button at the final stage of the ordering process, you submit a binding offer to purchase the goods and/or services shown in the order overview. Immediately after submitting the order, you will receive an order confirmation. This does not constitute acceptance of your contractual offer.

A contract between you and us is concluded once we accept your order by separate email or dispatch the goods. Please also check the spam folder of your email account.

(3) You may select goods and/or services and place them in your shopping cart. During checkout, you will be guided through the further ordering process. Before submitting the order, the essential product information and applicable costs are displayed again and you may correct your entries or cancel the process.

Your binding offer is submitted only when you click the “Place order with obligation to pay” button.

§ 4 Correction of input errors

During checkout, you may change quantities, remove items and correct your order, shipping and payment information using the functions provided. You may cancel the process before submitting the order. Your declaration becomes binding only when you click the “Place order with obligation to pay” button within the meaning of § 3(2).

§ 5 Storage of the contract text

The contractual provisions concerning the ordered goods and/or services, including these Terms and Conditions and the withdrawal information, will be sent to you by email when your contractual offer is accepted or when you are notified accordingly. We do not provide any further permanent online storage of the contract text.

§ 6 Data protection

Information about the processing of personal data in connection with use of our online shop, creation of a customer account and the processing and fulfilment of orders is available in our Privacy Policy.

§ 7 Payment terms

The purchase price becomes due upon conclusion of the contract unless otherwise stated for the selected payment method. The payment methods currently available and any associated conditions are displayed in the online shop and during checkout.

§ 8 Retention of title

The goods remain our property until payment has been made in full. If you are in default of payment for more than 10 days, we may withdraw from the contract and demand return of the goods where the statutory requirements are met.

§ 9 Delivery terms

We deliver the goods in accordance with the agreements made with you. Any applicable shipping costs are displayed separately in the online shop and, at the latest, during checkout.

§ 10 Right of withdrawal

Consumers have a statutory right of withdrawal in accordance with the applicable legal provisions. Details are set out in our separate Withdrawal Policy. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

§ 11 Statutory rights relating to defects and additional guarantees

(1) Statutory rights relating to defective goods apply. If goods are defective, consumers are entitled in particular to statutory subsequent performance and, where the relevant legal requirements are met, a reduction of the purchase price or withdrawal from the contract and, where applicable, damages.

(2) Statutory limitation periods apply to claims relating to defects.

(3) Any additional manufacturer, quality or durability guarantees exist in addition to statutory rights relating to defects and do not restrict those rights. The content, duration, territorial scope and conditions of any guarantee are governed by the applicable guarantee terms.

§ 12 Limitation of liability

(1) We are liable for intent and gross negligence. We are also liable for negligent breach of obligations whose fulfilment is essential for proper performance of the contract, whose breach jeopardises achievement of the contractual purpose and on whose compliance you may regularly rely. In the latter case, liability is limited to foreseeable damage typical for this type of contract.

We are not liable for slightly negligent breaches of obligations other than those described above. These exclusions do not apply to injury to life, body or health. Liability under the German Product Liability Act remains unaffected.

(2) According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and continuously available. We therefore do not accept liability for temporary technical unavailability of our online trading system unless attributable to us.

§ 13 Final provisions

(1) These Terms and Conditions are complete. Amendments and supplements should be recorded in text form to avoid uncertainty or disputes concerning the agreed contractual content.

(2) The statutory provisions on jurisdiction apply.

Consumer information

If you order goods from our online shop, we additionally provide the following information:

(1) The contractual language is German only. Translations are provided for information purposes. In the event of discrepancies, the German version shall prevail.

(2) The essential characteristics of the goods and services and the validity of time-limited offers are set out in the respective product descriptions.

(3) The presentation of our goods does not constitute a binding offer. Your order constitutes a binding offer. The order confirmation sent immediately after your order does not constitute acceptance. The purchase contract is concluded once we accept the order by separate email or dispatch the goods.

(4) Before submitting your order, you may identify and correct input errors on the final order overview using the available editing and deletion functions.

(5) If an ordered item is unavailable, we will inform you without undue delay.

(6) Prices shown are final prices including applicable statutory VAT where applicable. Additional shipping costs are displayed separately in the online shop and, at the latest, before you submit your order.

(7) Payment methods: The payment methods currently available and any associated conditions are displayed in the online shop and during checkout.

(8) Consumer dispute resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

(9) Data protection: Information about the processing of personal data is available in our Privacy Policy.

(10) In all other respects, please refer to these General Terms and Conditions.

(11) Right of withdrawal: Consumers have a statutory right of withdrawal. Please refer to our separate Withdrawal Policy for details.

B2B – General Terms and Conditions for Business Customers

– Online Shop –

§ 1 Scope

(1) These Terms and Conditions apply to contracts concluded via this online shop between you and ClimAir PLAVA Kunststoffe GmbH, Am Spitzacker 20-22, 61184 Karben, Germany, registered with the Commercial Register of the Local Court of Hanau under HRB 91047, VAT ID DE112589356, represented by its Managing Director, Mr Guido Hommel, unless otherwise expressly agreed in writing. Deviating or conflicting terms of the customer are not accepted unless we have expressly agreed to them.

§ 2 Registration as a user

(1) Registration for our trading system is free of charge. There is no entitlement to admission. Participation is restricted to persons with full legal capacity and business customers. Upon request, you must provide appropriate evidence of your business status, in particular your VAT ID or commercial register details. Registration information must be complete and accurate. You must keep your password confidential and must not disclose it to third parties.

(2) Apart from accepting these Terms and Conditions, registration does not create any obligation to purchase. You may delete your registration using the functions provided, unless statutory retention obligations or other legitimate reasons prevent deletion.

(3) You are responsible for keeping your details up to date. Changes may be made in the customer account where the relevant function is available.

§ 3 Data protection

Information about the processing of personal data in connection with use of our online shop, registration as a business customer and the initiation, performance and processing of contractual relationships is available in our Privacy Policy.

§ 4 Conclusion of the contract and contractual 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.

(2) By clicking the “Place order with obligation to pay” button, you submit a binding offer. The order confirmation sent immediately afterwards does not constitute acceptance. A contract is concluded once we accept the order by separate email or dispatch the goods.

(3) Before submitting the order, you may review and correct your entries or cancel the ordering process.

(4) The contractual language is German only. Translations are provided solely for information. In the event of discrepancies, the German text shall prevail.

§ 5 Correction of input errors

During checkout, you may review and correct the selected goods or services, quantities and your order, shipping and payment details using the functions provided. Your declaration becomes binding only when you click the “Place order with obligation to pay” button.

§ 6 Storage of the contract text

The contractual provisions concerning the ordered goods and/or services, including these Terms and Conditions, will be sent to you by email when your contractual offer is accepted or when you are notified accordingly. We do not provide any further permanent online storage of the contract text.

§ 7 Payment terms

Unless otherwise agreed, our prices are ex works, including loading and excluding packaging. Payments shall be made without charge to us either:

(1) according to the terms individually agreed with you; or

(2) net within 30 days from the invoice date without deduction.

§ 8 Retention of title

(1) The goods remain our property until payment has been made in full. If payment is overdue by more than 30 days, we may withdraw from the contract and demand return of the goods where the statutory requirements are met.

(2) You may resell goods subject to retention of title in the ordinary course of business. You hereby assign to us, up to the invoice value of our claim, all claims arising from such resale, whether the resale occurs before or after any processing of the goods.

Without prejudice to our right to collect the claim ourselves, you remain authorised to collect it after assignment. We undertake not to collect the claim ourselves for as long as you meet your payment obligations, no application for insolvency or similar proceedings has been filed against your assets and you have not suspended payments.

If the securities exceed the secured claims by more than 10%, we shall release securities of our choice at your request.

§ 9 Delivery terms

(1) We deliver in accordance with the agreements made with you. Applicable shipping costs are displayed in the online shop or product description and charged separately. Delivery dates and periods are binding only if expressly confirmed by us.

(2) If we fail to deliver or fail to deliver in conformity with the contract, the statutory provisions concerning grace periods and withdrawal apply.

§ 10 Warranty rights for the sale of goods

(1) If delivered goods are defective, you may request subsequent performance by repair or delivery of a defect-free item in accordance with statutory provisions. We may choose the type of subsequent performance to the extent permitted by law. If subsequent performance fails, you may reduce the purchase price or withdraw from the contract where the statutory requirements are met.

Statutory rights relating to defects require proper compliance with the inspection and notification duties under § 377 of the German Commercial Code (HGB) where that provision applies to the contractual relationship.

(2) The limitation period for claims relating to defects is twelve months from receipt of the goods, except where shortening the limitation period is prohibited by law, in particular for certain claims for damages.

§ 11 Limitation of liability

(1) We are liable for intent and gross negligence. We are also liable for negligent breach of essential contractual obligations. In that case, liability is limited to foreseeable damage typical for this type of contract.

We are not liable for slightly negligent breaches of other obligations. These limitations do not apply to injury to life, body or health. Liability under the German Product Liability Act remains unaffected.

(2) Data communication via the internet cannot be guaranteed to be error-free and continuously available. We therefore do not accept liability for temporary technical unavailability unless attributable to us.

§ 12 Final provisions

(1) Amendments or supplements should be recorded in text form for evidentiary purposes. Individual agreements take precedence.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the statutory and individually agreed provisions on place of performance and jurisdiction apply. To the extent legally permissible, the place of jurisdiction is Frankfurt am Main.

(4) If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions remains unaffected. Statutory provisions shall apply in place of any invalid provision.