These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts concluded in the online shop on the airy.green website (hereinafter “AIRY Webshop”).
between the customer and theAIRY Green Solutions GmbH
Mellenbergstieg 6
22359 Hamburg
Email: info@airy.green
Managing Directors: Elisabeth and Peer-Arne Böttcher
Commercial register: Hamburg District Court
Registration number: HRB 181380
Sales tax identification number in accordance with Section 27 a of the Sales Tax Act: DE361825922
Bank details: Qonto – IBAN: DE64 1001 0123 3209 5996 06 BIC: QNTODEB2XXX
(hereinafter “AIRY”) will be closed.
The following general terms and conditions also contain legal information about your rights under the regulations on distance selling and electronic commerce.
§ 1 Scope
(1) These General Terms and Conditions apply to consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
(2) As part of the ordering process, the customer accepts the General Terms and Conditions in the version valid at the time the order is placed. Differing or supplementary general terms and conditions of the customer only apply if AIRY has agreed to their validity in text form.
§ 2 Conclusion of contract, storage of contractual provisions
(1) The presentation of the products in the AIRY web shop does not yet contain a binding sales offer. The customer can select products from the AIRY web shop's range and collect them in a virtual shopping cart using a shopping cart button. Using the “Order with obligation to pay” button (order button), he makes a binding offer to conclude a purchase contract for the goods in the shopping cart (hereinafter “order”). Alternatively, the order button can be labeled with another clear wording that shows that the consumer commits to making a payment by pressing the button (e.g. “Buy”). Before submitting the order, the customer can change and view the data at any time.
(2) Following the order, AIRY sends the customer an automatic confirmation of receipt (hereinafter “order confirmation”) by email, in which the customer’s order and the contractual provisions including the General Terms and Conditions are summarized again. The order confirmation does not constitute acceptance of the customer's offer by AIRY. A contract between the customer and AIRY is only concluded as soon as AIRY accepts the customer's offer in a separate email or dispatches the goods.
(3) The contract is concluded in the language in which the offers are made on the website. For example, for the German website airy.green this is German.
(4) The contractual provisions will be stored at AIRY after the contract has been concluded, while maintaining data protection.
§ 3 Delivery, availability of goods
(1) Delivery times stated by AIRY are calculated from the time of conclusion of the contract (§ 2 (2) of these General Terms and Conditions) or from the time of receipt of payment from the customer, whichever is later.
(2) If AIRY is unable to meet a binding delivery deadline for reasons for which AIRY itself is not responsible (e.g. due to a lack of self-delivery from sub-suppliers or force majeure), AIRY will immediately inform the customer of this, if necessary, naming them the new expected delivery date. If the new delivery period is not acceptable to the customer or the goods are no longer available within the new delivery period or at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; In this case, AIRY will immediately reimburse any consideration already provided by the customer. The legal rights of the contracting parties remain unaffected.
§ 4 Payment, retention of title
(1) Payment of the purchase price is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.
(2) The customer can make the payment using the payment methods shown to him on the website. Depending on the payment method chosen, further conditions of the provider of the respective payment method (e.g. PayPal) may apply.
(3) The delivered goods remain the property of AIRY until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices stated in the AIRY web shop include the applicable statutory sales tax.
(2) Any additional shipping costs incurred will be indicated to the customer in the order form for the products in question and must be borne by the customer.
§ 6 Right of withdrawal
(1) The statutory right of withdrawal (see § 7) of 14 days from receipt of the goods applies to all purchases. The goods must be sent within 14 days to the following address:
Orchid Center Wichmann eKc/o AIRY Green Solutions GmbH
Tannholzweg 1 - 3
29229 Celle - OT Groß Hehlen
Timely dispatch is sufficient to meet the deadline. The customer bears the costs of return and the transport risk.
(2) The prerequisite for exercising the voluntary right of return is that the goods have not been tried out to the extent that is usual in a retail store and that the goods are complete, in their original condition, undamaged and without damage in the original sales packaging or in the original box with all accessories and all packaging components (e.g. original box, protective covers, etc.) are returned.
(3) Upon receipt, AIRY will first examine the returned products for their original condition and any signs of wear and expressly reserves the right to refuse returns of goods if the customer does not comply with the above requirements.
(4) Other rights to which a consumer is entitled by law (e.g. statutory right of withdrawal, warranty rights) are not restricted by our voluntary right of return and remain unaffected by this.
Right of withdrawal:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. If you have ordered several goods as part of a single order and these goods are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or . has.
In order to exercise your right of withdrawal, you must send us ( AIRY Green Solutions GmbH, Mellenbergstieg 6, 22359 Hamburg, email: info@airy.green) a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
At:
AIRY Green Solutions GmbH
Mellenbergstieg 6
22359 Hamburg
e-mail
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the Bestseller)
Address of the purchaser(s)
Signature of the purchaser(s) (only for notification on paper)
Date
----------------------
(*) Inappropriate deletion
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
§ 7 Legal guarantee
AIRY is liable for material and legal defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. AIRY is liable for damages exclusively in accordance with Section 8.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by AIRY, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, AIRY is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply in favor of AIRY's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between AIRY and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law. However, the statutory provisions restricting the choice of law remain unaffected. In particular, due to Article 6 Paragraph 2 of Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”), the following applies in its territorial scope: Insofar as the law of the state in which the customer is at the time of If the customer has his habitual place of residence at the time of conclusion of the contract (hereinafter referred to as “law of residence”), contains provisions to protect the customer from which the law of residence may not deviate by agreement, the (more favorable) provisions of the law of residence apply to the customer. Despite the choice of law in accordance with sentence 1, the customer enjoys the protection of the mandatory provisions of the law of domicile.
(2) The remaining parts of the contract remain binding even if individual points are legally ineffective. The legal regulations, if available, take the place of the ineffective points.
OTHER IMPORTANT CUSTOMER INFORMATION
Consumer dispute resolutionAIRY does not take part in dispute resolution proceedings before a consumer arbitration board.
As of: May 2020