General Terms and Conditions (GTC) for the Online Shop

Valid from: 28.06.2023

General terms and conditions for online goods orders
The following GTC also contain the legal information on your rights as a consumer under the regulations on contracts in distance selling and electronic commerce.

1. identity of the company

SG-AirTec GmbH
Managing Director: Sven Grassnick, Birger Herz
Wieshard market 8
24983 Handewitt
Germany

Represented by: Managing Director: Sven Grassnick, Birger Herz

Phone: 04608 973 30 23
E-mail: info@sg-airtec.de

2. scope

(1) These GTC apply to all contracts that a consumer or entrepreneur (“Customer”) concludes with us in our online store and on the basis of telephone or postal orders, in the version valid at the time of the order. Conflicting or supplementary GTC of entrepreneurs are hereby contradicted. They shall only become part of the contract if expressly agreed to in writing. This shall apply in particular to counter-confirmations of the Buyer with reference to his terms and conditions of business or purchase.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity.
(3) Entrepreneurs are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
Customers within the meaning of these GTC are both consumers and entrepreneurs.
5. general terms and conditions or other conditions of the customer shall not become part of the contract unless otherwise agreed in the individual case.

3. offer and conclusion of contract

1. the language available for the conclusion of the contract is exclusively German.
2. the product descriptions contained in our online store do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The order process for the conclusion of the contract includes the following steps in the store system:
– Selection of the offer in the desired specification (size, color, quantity).
– Inserting the offer into the shopping cart
– Pressing the ‘order’ button
– Enter the billing and shipping address
– Selection of the payment method
– Review and processing of the order and all inputs
– Pressing the button ‘Order with obligation to pay
– Confirmation email that order has been received
4. correction options in the order process
– The customer can correct personal entries at any time before sending his binding order by using the correction aids provided and explained for this purpose in the order process.
– Via the navigation bar, the shopping cart can be changed at any time before the order process is completed. Before the final sending of the order, the buyer has the opportunity to finally check all the information. Any input errors are displayed; the buyer is prompted to correct the respective input fields. Furthermore, the buyer has the option to cancel the purchase at any time by leaving the web page of the online store.
5. the customer’s order outside the web store, e.g. by means of an e-mail, the customer may, for example, by filling in the order card, in any other way in writing or by telephone. In each case, it is important that the customer describes the desired goods as precisely as possible, including by specifying the respective order numbers as well as the product name.

6. when the contract with us is concluded, depends on the payment method you have chosen:

PayPal:
In the ordering process you will be redirected to the website of the online payment provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. PayPal will be requested by us to initiate the payment transaction after submitting the order in the store, by this we accept your offer.

Prepayment:
We will accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.

7. if an order cannot be accepted for any reason, we will inform the customer immediately. Payments already made by the buyer will be immediately refunded by the seller in such a case.

4. right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. Entrepreneurs, on the other hand, are not granted a voluntary right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

5. contract text storage

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view your contract data in your customer account after placing your order.

6. delivery conditions

In addition to the indicated product prices, there are additional costs depending on the shipping method, which will be displayed before the order is shipped.
If a right of withdrawal exists and is used, the customer bears the costs of the return.

7. terms of payment

In our store you can basically use the following payment methods:

Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
When you place your order, you also provide us with your credit card details.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

SEPA Direct Debit
With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). By submitting the SEPA Direct Debit Mandate, we request our bank to initiate the payment transaction. The payment transaction will be made automatically and your account will be debited.
The account will be debited before the goods are shipped.
The period for advance notice of the date of the account debit (so-called prenotification period) is 2 days.

PayPal
You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access, if applicable). You will receive further instructions during the ordering process.

8. retention of title

1. the goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect receivables ourselves if you fail to meet your payment obligations.

9. transport damage

1. for consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
2. for entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

10. conditions for vouchers acquired by purchase

1. vouchers that can be purchased via the online store of the seller can only be redeemed in the online store of the seller, unless otherwise stated in the voucher.
2. vouchers and remaining voucher balances are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiration date.
3. vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
4. only one voucher can be redeemed per order.
5. vouchers can be used only for the purchase of goods and not for the purchase of other vouchers.
If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.
7. the credit of a voucher is neither paid out in cash nor does it earn interest.
8. the voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.

11. warranty

1. with all goods from our store legal warranty claims exist.
For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
– within the framework of a guarantee promise, insofar as agreed
– insofar as the scope of application of the Product Liability Act is opened.
4. information on additional warranties, if any, and their exact terms can be found with the product and on special information pages in the online store.

12. liability

1. for claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
– in case of injury to life, body or health,
– in the event of intentional or grossly negligent breach of duty,
– in the case of warranty promises, if agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
(2) In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

13. dispute resolution

1. the European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obligated to participate in a dispute resolution procedure and are not prepared to do so. We therefore do not participate in the “Alternative Dispute Resolution” (ADR) procedure via the Online Dispute Resolution (ADR) portal.

14 Final Provisions, Place of Jurisdiction, Applicable Law

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.