These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded in the online shop on the website airy.green (hereinafter referred to as "AIRY webshop")
between the customer and theAIRY Green Solutions GmbH
Elbberg 6a
22767 Hamburg
Mail: info@airy.green
Managing Directors: Elisabeth and Peer-Arne Böttcher
Commercial Register: District Court of Hamburg
Registration number: HRB 181380
VAT identification number according to Section 27a of the Sales Tax Law: DE361825922
Bank details: Qonto – IBAN: DE64 1001 0123 3209 5996 06 BIC: QNTODEB2XXX
(hereinafter “AIRY”).
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 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 can predominantly neither be attributed to their commercial nor their independent professional activity.
(2) During the ordering process, the customer accepts the General Terms and Conditions in the version valid at the time the order is placed. Any deviating or supplementary General Terms and Conditions of the customer only apply if AIRY has agreed to their validity in writing.
§ 2 Conclusion of contract, storage of the contractual provisions
(1) The presentation of products in the AIRY web shop does not constitute a binding offer to sell. 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. By clicking on the "Order with payment" button (order button), the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart (hereinafter "order"). The order button can alternatively be labeled with another clear wording that indicates that the consumer is committing to a payment by pressing the button (e.g. "buy"). The customer can change and view the data at any time before submitting the order.
(2) Following the order, AIRY will send 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 once AIRY accepts the customer's offer by 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 the German website airy.green, for example, this is German.
(4) The contractual provisions will be stored by AIRY after the conclusion of the contract in compliance with data protection regulations.
§ 3 Delivery, availability of goods
(1) Delivery times specified by AIRY are calculated from the time of conclusion of the contract (Section 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 is not responsible (e.g. due to a lack of delivery by sub-suppliers or force majeure), AIRY will notify the customer of this immediately, if necessary stating the new expected delivery deadline. If the new delivery deadline is not acceptable to the customer or the goods are no longer available within the new delivery deadline 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 statutory 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 pay using the payment methods shown on the website. Depending on the payment method chosen, additional 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 webshop include the applicable statutory sales tax.
(2) Any additional shipping costs will be indicated to the customer in the order form for the relevant products and are to be borne by the customer.
§ 6 Right of withdrawal
(1) For all purchases, the statutory right of withdrawal (see § 7) of 14 days from receipt of the goods applies. 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
Sending the goods on time is sufficient to meet the deadline. The customer bears the costs of return shipment and the risk of transport.
(2) The prerequisite for exercising the voluntary right of return is that the goods have not been tried out beyond the usual extent in a store and that the goods are returned complete, in their original condition, intact 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.).
(3) AIRY will first examine the returned products upon receipt for their original condition and any signs of use and expressly reserves the right to refuse to accept returned 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 thereby.
Cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes 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 shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us ( AIRY Green Solutions GmbH, Elbberg 6a, 22767 Hamburg, email: info@airy.green) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
AIRY Green Solutions GmbH
22767 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 purchaser(s)
Address of the purchaser(s)
Signature of the purchaser (only for notification on paper)
Date
----------------------
(*) Delete as appropriate
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§ 7 Legal warranty
AIRY is liable for material and legal defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. AIRY is liable for damages exclusively in accordance with § 8.
§ 8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or 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 purpose of the contract.
(2) In the event of a breach of essential contractual obligations, AIRY shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit 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) These General Terms and Conditions and the contractual relationship between AIRY and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. However, the statutory provisions restricting the choice of law remain unaffected. In particular, pursuant to Article 6 Paragraph 2 of Regulation (EC) No. 593/2008 (so-called "Rome I Regulation"), the following applies within its territorial scope: Insofar as the law of the state in which the customer has his or her habitual residence at the time the contract is concluded (hereinafter "law of residence") contains provisions to protect the customer, from which no deviation by agreement is permitted under the law of residence, the (more favorable) provisions of the law of residence apply to the customer. The customer therefore enjoys the protection of the mandatory provisions of the law of residence despite the choice of law in accordance with sentence 1.
(2) Even if individual points are legally invalid, the contract remains binding in its remaining parts. The invalid points shall be replaced by the statutory provisions, if applicable.
OTHER IMPORTANT CUSTOMER INFORMATION
Consumer dispute resolutionAIRY does not participate in dispute resolution proceedings before a consumer arbitration board.
Status: September 2024
