1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between FlaveAir GmbH, Daimler Straße 14, 45891 Gelsenkirchen, info@flave-air.com (hereinafter referred to as “we” or “us”) and our customers (hereinafter referred to as “customer” or “customers”).
1.2 Customers within the meaning of these GTCs are both consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB). Entrepreneurs are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction.
1.3 These GTCs apply to all business relationships, in particular to the sale of our products and associated application devices, accessories or services.
2. CONCLUSION OF CONTRACT
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order.
2.2 By clicking on the “Send order or buy” button, the customer places a binding order for the goods contained in the shopping cart. The contract is concluded when we accept the customer's order by sending an order confirmation by e-mail or by delivering the goods.
2.3 We reserve the right to refuse orders, in particular if there is a suspicion that the products are to be used for unauthorized purposes.
3. PRICES AND TERMS OF PAYMENT
3.1 The prices stated in our online store are inclusive of VAT and correspond to the end consumer prices. In non-binding offers to business customers, the prices quoted are exclusive of VAT. We always show VAT separately on all invoices.
3.2 Payment can be made by prepayment, PayPal, ApplePay, GooglePay or credit card. In the case of goods transactions with business customers, there is the option of payment on account, but this must be negotiated on a case-by-case basis. The respective terms of payment are then noted on the invoice documents and must be bindingly observed by the customer.
3.3 In the event of late payment, we are entitled to charge interest on arrears at a rate of 15% above the prime rate.
4. DELIVERY AND SHIPMENT
4.1 Delivery shall be made to the delivery address specified by the customer. Unless otherwise agreed, delivery shall be ex warehouse to the address specified by the customer.
4.2 Unless otherwise agreed, the delivery time is 3-5 working days from receipt of payment.
4.3 The customer shall bear the shipping costs, unless otherwise agreed. These are clearly communicated to the customer during the ordering process. Shipping costs are waived when sales levels are reached.
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 warranty rights shall apply.
6.2 We shall only be liable for damages caused by simple negligence insofar as these are based on the breach of material contractual obligations (cardinal obligations) and the damage is foreseeable.
7. RETURN / REVOCATION
Our products are sealed hygiene articles and our MERCH products are only manufactured individually to customer specifications after the order has been placed. Therefore, our products cannot be returned/exchanged.
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.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is the registered office of our company.
9.3 Should individual provisions of these GTC 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.