Terms of service

I. Business Purpose

Klimapartner Haustechnische Handels-GmbH is a company that distributes its goods, among other things, directly to consumers via the internet.

 

II. Identity of aerosoul.berlin

Company: Klimapartner Haustechnische Handels-GmbH Address: Werdauer Weg 27, 10829 Berlin

Registry entry: Registered at the Register Court: Amtsgericht Berlin-Charlottenburg Registration number: HRB 16359 Tax Office for Corporations II Tax number: 37/482/50349 VAT ID number: DE351847781

 

III. Address

Klimapartner Haustechnische Handels-GmbH Werdauer Weg 27, 10829 Berlin Email: kontakt@klimapartner.de

 

IV. General Scope

(1) The following general terms and conditions apply to all business relationships between us and the customer. The version valid at the time of contract conclusion shall be decisive. Consumers within the meaning of these terms and conditions are natural persons with whom business relationships are entered into without them being attributed any commercial or self-employed professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legally capable partnerships with whom business relationships are entered into and who act in the exercise of their commercial or self-employed professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Seller within the meaning of these terms and conditions is Klimapartner Haustechnische Handels-GmbH. The general terms and conditions apply to consumers for the delivery of goods within the Federal Republic of Germany and the European Union. (2) The delivery conditions of Klimapartner Haustechnische Handels-GmbH apply to entrepreneurs within the meaning of § 14 BGB (German Civil Code).

 

V. Offers and Prices

(1) The online offers do not bind Klimapartner Haustechnische Handels-GmbH until a contract is concluded. They merely constitute an invitation to submit an offer. Technical and other changes in form, color, or weight are reserved within reasonable limits. (2) All prices stated are in EURO(€). They include the applicable value-added tax and are valid until further notice. The prices applicable at the time of ordering, as indicated in the online shop, shall apply. Additional services, particularly delivery to the customer, are not included in the price. Klimapartner Haustechnische Handels-GmbH calculates delivery costs in accordance with Section VIII of the General Terms and Conditions, in addition to the prices stated in the webshop.

 

VI. Minimum Order Value

The minimum order value is 5 euros. For European countries, it is 20 euros (excluding shipping costs).

 

VII. Conclusion of Contract

(1) The terms and conditions for our goods are subject to change and non-binding. Our presentation of goods on the internet does not constitute an offer but an invitation to the customer to place an order. Technical and other changes in form, color, or weight are reserved within reasonable limits. (2) By placing an order for the desired goods, the customer makes a binding offer to enter into a contract. We are entitled to accept the contract offer contained in the order within two weeks. In the case of goods ordered electronically, we are entitled to accept the order within three working days after receipt by us. We are entitled to refuse the order after checking the customer's creditworthiness. We are entitled to limit the order to a household quantity. The conclusion of the contract is subject to the condition that, in the event of non-correct or improper self-delivery, we do not perform or only partially perform. This only applies if the non-delivery is not our responsibility. In the event of unavailability or partial availability of the goods, the customer will be promptly informed. The consideration will be refunded immediately. By clicking the "buy" button to submit the order, the customer makes a binding offer to the provider.

 

VIII. Delivery and Payment

(1) If a specific item is not available for delivery, Klimapartner Haustechnische Handels-GmbH will promptly inform the buyer and offer the delivery of a qualitatively and price-wise equivalent substitute item. If a suitable substitute item is not available for delivery or if the buyer rejects the delivery of the substitute item, Klimapartner Haustechnische Handels-GmbH is entitled to be released from the obligation to deliver. In this case, Klimapartner Haustechnische Handels-GmbH undertakes to refund any payments already made by the buyer promptly. (2) Deliveries are made partly through DHL Standard or DHL Cash on Delivery. (3) Klimapartner Haustechnische Handels-GmbH reserves the right to provide its contractual performance in partial deliveries.

 

IX. Right of Withdrawal and Return Policy Right of Withdrawal

1. If you, as a customer, are a natural person, act in the context of your private purposes when placing an order, and the order cannot be attributed to commercial or self-employed professional activity, then you are a consumer (§ 13 German Civil Code) and have the right of withdrawal described below. However, the following right of withdrawal does not apply if you act in the context of commercial or self-employed professional activity when placing the order because, in that case, you are considered an entrepreneur with respect to the legal transaction concluded between us (§ 14 German Civil Code).

 

Instruction on the Right of Withdrawal · Return Policy

2. You can return the received goods without stating any reasons within 14 days by returning the goods. The withdrawal period begins after receiving this instruction in text form (e.g., as a letter, fax, email), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB). Only in the case of goods that cannot be shipped as a parcel (e.g., bulky goods), you can also declare the return by requesting a return in written form. To meet the withdrawal deadline, it is sufficient to send the goods or the return request in a timely manner. In any case, the return will be at our expense and risk. The withdrawal is to be addressed to:

Klimapartner Haustechnische Handels-GmbH Werdauer Weg 27, 10829 Berlin

Email: kontakt@klimapartner.de

 

Consequences of Withdrawal

In the event of an effective withdrawal, the mutually received performances are to be returned and any benefits derived are to be surrendered. If the item deteriorates or benefits (e.g., advantages of use) cannot be returned in whole or in part or only in a deteriorated condition, you must compensate us accordingly. You are only obliged to provide compensation for the deterioration of the item and for benefits derived if the use or deterioration is due to handling of the item that goes beyond the testing of its properties and functionality. Testing and inspecting the respective goods as is possible and customary in a retail store constitutes testing the properties and functionality. Obligations to reimburse payments must be fulfilled within 30 days. The deadline starts for you when you send the goods or the return request, and for us upon receipt.

 

Special Instructions

We kindly ask you to pack the goods to be returned securely and safely using the original packaging, including any sub-packaging. The right of withdrawal does not apply to goods that are custom-made according to specific customer requirements, as well as sealed audio and video recordings, such as CDs, DVDs, video cassettes, or other multimedia applications and software, if the delivered data carriers have been unsealed by you. End of the withdrawal instruction

 

X. Retention of Title

The goods remain the property of Klimapartner Haustechnische Handels-GmbH until full payment has been received.

 

XI. Delivery Time

Delivery within Germany usually takes 2 to 5 working days.

 

XII. Warranty

(1) The statutory warranty period is two years for consumers and one year for businesses. It begins with the handover of the goods. The buyer must prove the start of the warranty period by presenting the delivery receipt. (2) During the warranty period, all defects of the goods that fall under the statutory warranty obligation will be remedied free of charge. (3) The statutory warranty claims are initially limited to subsequent performance. In the event of failure of subsequent performance, the buyer has the right to choose between withdrawing from the purchase contract or reducing the purchase price. In addition, the buyer may have claims for damages. (4) Klimapartner Haustechnische Handels-GmbH does not provide any guarantees beyond the statutory warranty. (5) Damage resulting from natural wear and tear, improper use, and inadequate or incorrect care is excluded from the warranty. (6) All complaints are to be addressed to the address specified in III. by Klimapartner Haustechnische Handels-GmbH.

 

XIII. Data Protection

For the purpose of order processing, Klimapartner Haustechnische Handels-GmbH stores the personal data provided. To the extent necessary for the execution of the contract, they will be passed on to third-party companies. For the purpose of credit checks and with legitimate interest, creditworthiness may be exchanged with other mail-order companies, inquiries, and SCHUFA. The use and/or disclosure of data for advertising purposes can be objected to at any time by notifying Klimapartner Haustechnische Handels-GmbH at the address mentioned in III. Upon receipt of the objection, Klimapartner Haustechnische Handels-GmbH will immediately cease sending advertising materials and disclosing data for advertising purposes.

 

XIV. Liability

In the event of minor negligent breaches of duty, our liability, as well as that of our vicarious agents, is limited to the foreseeable, contract-typical, direct average damage. In the case of minor negligent breaches of non-material contractual obligations that do not endanger the performance of the contract, we and our vicarious agents are not liable. The above limitations of liability do not apply to claims of the customer based on product liability or guarantees. Furthermore, the limitations of liability do not apply to damages attributable to us for personal injury and damage to health or loss of the customer's life. We are only liable for our own content on the website of our online shop. To the extent that we enable access to other websites through links, we are not responsible for the content obtained there. We do not adopt the external content as our own. If we become aware of any unlawful content on external websites, we will immediately block access to these sites.

 

XV. Copyright

We would like to point out that all images and photos on our website are protected by copyright. Please understand that misuse can be prosecuted.

 

XVI.

Klimapartner Haustechnische Handels-GmbH Werdauer Weg 27, 10829 Berlin

Registered Office: Berlin

Managing Director: Holger Will

Finanzamt für Körperschaften II
Steuernummer: 37/482/50349
Ust-ID.: DE 283899749

Anschrift Für Beanstandungen · Service Und Warenrücksendung
Klimapartner Haustechnische Handels-GmbH
Werdauer Weg 27, 10829 Berlin

E–Mail: kontakt@klimapartner.de

 

XVII. Jurisdiction

The jurisdiction and place of performance shall be determined in accordance with the provisions of the Code of Civil Procedure and the Civil Code. If the customer does not have a general place of jurisdiction within the country, the place of performance and jurisdiction shall be our registered office in Berlin.

 

XVIII. Severability Clause

If any provisions of these general terms and conditions are invalid, they shall be replaced by effective provisions that come closest to the intended purpose.