General terms and conditions
General terms and conditions of business, with customer information
- Right of withdrawal
- Pricing and terms of payment
- Delivery and transport terms and conditions
- Retention of title
- Limitation of liability
- Special terms and conditions for processing goods meeting certain customer specifications
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions of business (hereinafter "T&Cs") of air up GmbH (hereinafter the "Seller"), apply to all contracts for the delivery of goods which a retail or business customer (hereinafter the "Customer") agrees with the Seller with regard to goods offered by the Seller in its online store. Any Customer terms and conditions shall not apply, except where agreed otherwise.
1.2 For contracts for the delivery of vouchers, these T&Cs apply accordingly, except where expressly agreed otherwise.
1.3 Retail customer in the sense of these T&Cs is any natural person, who is at least 18 years of age, and who enters into a lawful transaction for purposes which are not predominantly to do with their business or self-employed activity. A Business customer within the meaning of these T&Cs is a natural or legal person or partnership with legal standing who, when entering into a lawful transaction, is acting in the interest of their business or self-employed activity.
1.4 The Seller's products are intended only for retail and business Customers as end-users. Commercial resale of the products is not permitted. The Seller reserves the right to reject offers of sales contracts if they appear to be for commercial resale.
2.1 The following rules on contract validity apply to orders placed through the online store www.air-up.com.
2.2 Should a contract result, this will be with
air up GmbH
81671 Munich, Germany
2.3 The product descriptions in the Seller's online store do not represent binding offers on the part of the Seller, but do allow the Customer to make a binding offer to purchase.
2.4 The Customer can make their offer to purchase using the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the online ordering process, the Customer then makes a legally binding offer to enter into a contract for the goods held in the shopping cart by clicking the button ["confirm order"] at the end of the ordering process. However, the order can only be placed and sent once the Customer has accepted these legal terms and conditions by clicking the button ["Accept T&Cs"] and the button ["Accept refund policy"] and in doing so includes them in their order. Immediately after sending the order, the Seller will send an order confirmation to the Customer, which does not yet however represent acceptance of the offer to purchase.
2.5 The Seller has five days in which to accept the Customer's offer to purchase,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer shall make it binding, or
- by delivering the items ordered to the Customer, in which case receipt of goods by the Customer shall make it binding, or
- by requesting payment from the Customer once the Customer has placed their order.
Where several alternatives as set out above are possible, the contract shall become effective at the point any of the above first occurs. The timeframe for accepting the offer to purchase commences on the day after the Customer sends it, and ends at the close of the fifth day after sending it. If the Seller fails to accept the Customer's offer to purchase within the above timescale, this shall be deemed a rejection of the offer with the effect that the Customer shall no longer be bound by their declaration of intent.
2.6 When submitting an offer to purchase using the Seller's online order form, the Seller will store the wording of the contract once it becomes effective, and will send a copy to that Customer in text form (such as email, fax or letter) after placing their order, along with the refund policy and details of the items ordered. The Seller shall not make the wording of the contract available beyond this. Where the Customer has set up a user account in the Seller's online store prior to sending their order, the order data will be archived on the Seller's website and maybe viewed free of charge by the Customer using their password-protected user account by providing the relevant login data.
2.7 As part of the ordering process, the Customer first initially places the goods or services required in the shopping cart. There, the Customer can change the required number of items at any time or remove certain goods altogether. Once the Customer has added items to the shopping cart, clicking on the "Next" button then takes the Customer to a page where they can enter their details and then select the delivery and payment method. Finally, a summary page opens where the Customer can check all the details. The Customer can correct any mistakes (regarding payment method, details or the number of items required, for instance) by clicking on "Edit" in the appropriate field. Fully closing down the browser window will cancel the order process completely. Otherwise, upon clicking the confirmation button ["Confirm order"], the Customer's declaration shall become binding within the meaning of clause 2.2 of these T&Cs.
2.8 Order processing and contact are usually managed using email and automated order processing. The Customer must ensure that the email address they provide for order processing is accurate, so emails from the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that any emails from the Seller or third party acting on their behalf for processing the order can be delivered successfully.
3) Right of withdrawal
3.1 Retail customers are normally entitled to a right of withdrawal.
3.2 More information on the right of withdrawal is given in the Seller's refund policy.
4) Pricing and terms of payment
4.1 Except where stated otherwise in the Seller's item description, prices quoted are total prices inclusive of VAT. Any additional delivery and transport costs will be shown separately in the relevant item description or as part of the ordering process, before items are placed in the virtual shopping cart.
4.2 Payment options will be displayed to the Customer in the Seller's online store.
4.4 If the "Amazon Payments" payment method is selected, payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button to finalise the ordering process also issues a payment instruction to Amazon. In this case, the Seller actually confirms acceptance of the Customer's offer to purchase at the point where the Customer triggers the payment process by clicking the button to finalise the ordering process.
4.5 If the"SOFORT" payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be eligible to pay the invoice total via using "SOFORT", the Customer must have an online bank account where "SOFORT" has been enabled, must confirm their identity accordingly during the payment process, and must confirm the payment instruction to "SOFORT". "SOFORT" then processes the payment immediately and the Customer's bank account is debited. Customers can find more detailed information about the "SOFORT" payment method on the internet at https://www.klarna.com/sofort/.
4.6 If the "Shopify Payments" payment method is selected, payment is processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The various payment methods offered by Shopify are advised to the Customer in the Seller's online store. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which would be pointed out to the Customer separately. More information about "Shopify Payments" is available online at https://www.shopify.de/payments.
5) Delivery and transport terms and conditions
5.1 Orders are delivered to the address specified by the Customer, except where agreed otherwise. When processing the transaction, the delivery address specified in the Seller's record of processing the order shall be binding.
5.2 If the carrier returns the items despatched to the Seller because delivery to the Customer was not possible, the Customer shall be responsible for the cost of the failed delivery. This shall not apply where the Customer is not responsible for the circumstances leading to the failed delivery or where the Customer was unable to accept delivery at that time, except where the Seller had given the Customer reasonable notice in advance. Furthermore, this does not apply to the costs of despatch where the Customer lawfully exercises their right of withdrawal. Where the Customer lawfully exercises their right of withdrawal, the provisions set out in the Seller's refunds policy shall apply to the costs for return carriage.
5.3 Collection in person is not possible for logistical reasons.
5.4 Vouchers may be sent to the Customer as follows:
- by downloading
- by email
- by post
6) Retention of title
Where the Seller accepts any form of down payment, the Seller retains ownership of the items delivered until the purchase price due has been paid in full.
7.1 If the item purchased proves faulty, the Buyer shall be entitled under the statutory provisions to demand repair or replacement, withdraw from the contract or pay a reduced amount.
7.2 An exception applies to second-hand goods: claims for faults are invalid except where the fault arises within two years of the item being delivered. Claims for faults which arise within two years of the goods being delivered can be made within the statutory time limits. However, the shorter time limit for liability of two years shall not apply
- for items which have been used in a construction project in accordance with their intended purpose and which have led to an issue there.
- for claims for damages and reimbursement of expenses by the Customer, as well as
- where the Seller has fraudulently concealed the fault.
7.3 The Customer is requested to report to the delivery driver any items delivered which have clearly been damaged in transit and to notify the Seller of this. Should the Customer does not comply with this request, statutory or contractual claims for defects shall remain unaffected.
8) Limitation of liability
8.1 No claims for damages will be accepted from the Customer. This does not apply to claims for damages from the Customer arising from injury to life, limb or health, nor from a material breach of obligations under the contract, nor indeed liability for other damages based on deliberate or grossly negligent breach of duty by the Seller, their legal representatives or agents. Material obligations under the contract are those which must be met in order to achieve the objectives of the contract.
8.2 In the event of a material breach of obligations under the contract, the Seller shall only be liable for reasonably foreseeable damage typical for the contract where such damage was caused by mere negligence, except where it is a matter of claims for damages by the Customer arising from injury to life, body or health.
8.3 The restrictions under clauses 8.1 or 8.2 shall also apply in reference to the Seller's legal representatives and agents where claims are made against them directly.
8.4 The limitations of liability arising under clause 8.1 or 8.2 shall not apply where the Seller has fraudulently concealed the fault or has given a guarantee regarding the quality of the item. The same shall apply where the Seller and the Customer have reached an agreement regarding the quality of the item. This does not affect the provisions under the Product Liability Act.
9) Special terms and conditions for processing goods meeting certain customer specifications
9.1 Where, under the provisions of the contract, the Seller is responsible not only for delivery of the goods but also for processing the goods in accordance with particular customer specifications, the Customer shall provide the business with all content required for such processing, including text, images or graphics in the file formats, formatting, image and file sizes specified by the business, as well as grant any rights of use required to this end. The Customer is solely responsible for obtaining this content as well as acquiring the rights to it. The Customer confirms they have the right to use any content provided to the Seller and assumes full responsibility for this. In particular, they shall ensure that no third-party rights are infringed, especially copyright, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against potential claims from third parties in connection with infringement of their rights as a result of the Seller using the Customer's content as part of the contract. In this context, the Customer shall also be responsible for the reasonable costs of any legal defence proving necessary, including all court and solicitors' fees at the statutory rate. This shall not apply where the Customer is not to blame for the infringement. In the event of a claim from a third party, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary to review the claims and draft a defence.
9.3 The Seller reserves the right to refuse to process orders, in particular where content provided by the Customer for this purpose is in breach of statutory or official regulations or offends common decency. This applies in particular to any content which is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young persons or which glorifies violence.
10) Redeeming promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns, valid for a specific time and which cannot be purchased by the Customer (hereinafter "promotional vouchers") may only be redeemed in the Seller's online store and only during the period specified.
10.2 Individual products may be excluded from the promotional campaign, provided this is clearly stated in the promotional voucher.
10.3 Promotional vouchers may only be redeemed prior to final checkout. They may not be applied afterwards.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the items must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6 Where the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the balance.
10.7 The balance remaining on a promotional voucher is neither paid out in cash nor does it attract interest.
10.8 The promotional voucher will not be refunded if the Customer returns any items paid for in whole or in part using the promotional voucher under their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The Seller may accept the promotional voucher in full and final payment from anyone in possession of and redeeming the voucher in the Seller's online store. This shall not apply if the Seller knows or should reasonably have known that the person is barred from representing or lacks legal capacity or authorisation to act on behalf of the actual holder.
11) Redeeming gift vouchers
11.1 Vouchers which can be purchased through the Seller's online store (hereinafter "gift vouchers") may only be redeemed in the Seller's online store, except where the voucher states otherwise.
11.2 Gift vouchers and credit remaining on gift vouchers may be redeemed up to the end of the third year following the year the gift voucher was purchased. Any remaining balance will be credited to the Customer before the expiry date.
11.3 Gift vouchers may only be redeemed prior to final checkout. They may not be applied afterwards.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers may only be used to purchase goods and cannot be used to purchase additional gift vouchers.
11.6 Where the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the balance.
11.7 The balance remaining on a gift voucher is neither paid out in cash nor does it attract interest.
11.9 The gift voucher is transferable. The Seller may accept the promotional voucher in full and final payment from anyone in possession of and redeeming the gift voucher in the Seller's online store. This shall not apply if the Seller knows or should reasonably have known that the person is barred from representing or lacks legal capacity or authorisation to act on behalf of the actual holder.
12) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the provisions of international conflicts of law provisions and the Vienna Sales Convention. In the case of retail customers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by statutory legal provisions in the country where the retail customer normally resides.
Where the Customer is acting as a commercial business, a legal entity under public law or a special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising under this contract shall be where the Seller has its registered office. Where the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising under this contract if the contract or claims arising under it can be associated with the Customer's professional or business activity. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchases or service contracts involving retail Customers.
14.2 The Seller is neither obliged nor willing to participate in any dispute resolution procedure before a consumer arbitration board.