Terms of service

1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to all contracts for the purchase of goods concluded between FlaveAir GmbH, An den Flachsrösten 21, 41844 Wegberg, email: hello@flave-air.com, and our customers via our online shop.
1.2 For the purposes of these General Terms and Conditions, ‘customers’ refers to both consumers (Section 13 of the German Civil Code (BGB)) and business customers (Section 14 of the German Civil Code (BGB)). Business customers are natural or legal persons, or partnerships with legal capacity, who, at the time of concluding the legal transaction, are acting in the course of their commercial or self-employed professional activities.
1.3 These General Terms and Conditions apply in particular to the sale of our products, application equipment and accessories.

2. CONCLUSION OF THE CONTRACT
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
2.2 By clicking on the button marked as requiring payment during the ordering process (e.g. ‘Buy now’ or ‘Place order requiring payment’), the customer submits a binding offer to conclude a contract of sale for the goods contained in the shopping basket. Immediately upon receipt of the order, the customer will receive an automatic confirmation by email. This initially merely confirms receipt of the order and does not yet constitute acceptance of the contract, unless acceptance is expressly stated therein. The contract is only concluded upon our express order or dispatch confirmation, or at the latest upon dispatch of the goods.
2.3 We are entitled to reject orders prior to the conclusion of the contract, in particular in the event of obviously incorrect details, reasonable suspicion of fraud, unavailability of the goods, or if there are legal grounds preventing the performance of the contract.
2.4 The customer may check and correct their details before submitting the order using the correction options provided during the ordering process. The order details will be sent to the customer by email once the contract has been concluded. The currently valid Terms and Conditions can be viewed at any time via our online shop. If a customer account exists, past orders can be viewed there. The contract language is exclusively German.

3. PRICES AND TERMS OF PAYMENT
3.1 The prices quoted to consumers in the online shop are total prices and include statutory VAT. Any additional delivery charges are shown separately during the ordering process. Where expressly indicated, prices quoted to businesses may be net prices plus statutory VAT.
3.2 The payment methods available in each individual case are displayed to the customer in the online shop and during the ordering process. Businesses may be granted payment on account subject to a separate agreement. The payment terms agreed in each case and shown on the invoice shall apply.
3.3 In the event of late payment, the statutory provisions shall apply. The interest rate on arrears is five percentage points above the applicable base rate for consumers and nine percentage points above the applicable base rate for businesses.

4. DELIVERY AND SHIPPING
4.1 Delivery will be made to the delivery address provided by the customer during the ordering process, unless otherwise agreed.
4.2 Unless a different delivery time is specified on the product page or during the ordering process, the delivery time within Germany is 4 to 8 working days.
4.3 The customer shall bear the delivery charges, unless otherwise agreed. These will be clearly communicated to the customer during the ordering process. Whether free delivery is offered, and from what order value, is indicated in the online shop and during the ordering process.
4.4 In dealings with consumers, the risk of accidental loss and accidental deterioration of the goods shall not pass to the consumer until the goods have been handed over to the consumer or to a third party authorised to receive them on the consumer’s behalf. In dealings with businesses, the risk shall pass upon handover of the goods to the transport company or to any other person designated to carry out the dispatch.

5. RETENTION OF TITLE
5.1 The goods remain our property until full payment has been made.
5.2 In the case of business customers, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

6. WARRANTY AND LIABILITY
6.1 The statutory rights regarding liability for defects apply. In relation to businesses, the obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) shall apply in addition.
6.2 We shall be liable without limitation for damage resulting from wilful misconduct or gross negligence, in the event of injury to life, limb or health, in accordance with the provisions of the Product Liability Act, and to the extent of any guarantee we have assumed.

In the event of a breach of essential contractual obligations due to slight negligence, our liability is limited to the damage typical of the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely.

In all other respects, liability for damage caused by slight negligence is excluded.
The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

7. RIGHT OF WITHDRAWAL
Consumers are generally entitled to the statutory right of withdrawal. The details are set out in our separate notice on the right of withdrawal.

The right of withdrawal does not apply to contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery.

The right of withdrawal is also excluded for goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to their personal needs.

Statutory warranty rights remain unaffected.

Promotional sets, starter sets, value packs and special bundles are offered as uniform product packages at a single set price. If the withdrawal relates to such a set purchased as a single unit, the set must, as a rule, be returned in its entirety.

Where individual components of a set are excluded from the right of withdrawal – in particular because the seal on sealed hygiene or health protection products has been removed after delivery – the settlement of the matter shall be governed by the statutory provisions. Statutory rights of withdrawal and liability for defects remain unaffected.

8. DATA PROTECTION
8.1 We collect, process and use the customer’s personal data exclusively in accordance with the provisions of the applicable data protection laws.
8.2 Further information on data protection can be found in our Privacy Policy.

9. FINAL PROVISIONS
9.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
9.2 Where the customer is a trader, a legal person governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of our company.
9.3 Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision.
9.4 Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.