General provisions, scope of application
1.1 The General Terms and Conditions (Terms) of LUFTMED GmbH (in short: LUFTMED) shall apply in their currently valid form to all contracts, deliveries and services with respect to all natural persons and legal entities entering into business relations with LUFTMED in connection with their commercial or self-employed activity (hereinafter also referred to as Customers). Unless excluded by law, the Terms shall also apply to all future transactions between LUFTMED and the Customer.
1.2 The Customer’s general terms and conditions and buying conditions – also those governing items not mentioned in these Terms, shall hereby be expressly objected by LUFTMED. The Customer’s general terms and conditions or buying conditions shall only be deemed as accepted if LUFTMED has given its express written prior consent regarding their applicability. If the Customer’s general terms and conditions govern items on which the subsequent Terms are silent, then only the non-mandatory law concerning this matter shall apply and under no circumstances a deviating term or condition of the Customer. These Terms shall also apply if LUFTMED performs deliveries to the Customer without reservation, with knowledge of terms or conditions of the Customer that are in conflict with or deviate from these Terms. Deviations, modifications and amendments to these Terms shall be carried out with effect for LUFTMED exclusively by the authorised representative(s) and managing director(s) or authorised officer(s) of LUFTMED registered in the Commercial Register. Verbal agreements and statements by other persons who have not been specifically authorised by the managing director(s) or authorised officer(s) of LUFTMED shall only be valid if they are confirmed in writing by LUFTMED’s managing director(s) or authorised officer(s).
Conclusion of contract
2.1 Legally binding contracts shall come into being exclusively by the order confirmation of LUFTMED. If the Customer does not receive a separate order confirmation, then the delivery note of LUFTMED shall be regarded as the order confirmation. The performance of the service ordered shall equate to the sending of an order confirmation.
2.2 Every Customer who is a consumer in the sense of § 13 BGB (German Civil Code) shall be entitled to revoke his/her offer in accordance with the withdrawal instruction which he/she is also informed about during the course of the ordering procedure. Further details regarding the right of withdrawal are set out in Item 3 of these Terms.
2.3 LUFTMED air purifier devices are always geared towards technical and sales-related progress. LUFTMED reserves the right to effect resulting changes in the technical realisation and design of the particular LUFTMED supply product without special notification of the Customer, provided that the value and practicability of the LUFTMED product ordered by the Customer is not significantly impaired by this.
Instruction and information regarding the right of withdrawal of Customers
3.1 If the Customer is a consumer in the sense of § 13 BGB (German Civil Code), he/she shall be entitled to a 14-day right of withdrawal. LUFTMED informs the Customer about the content of the right to withdrawal with the following instruction:
Information on the right of withdrawal
Right of withdrawal
You may withdraw your contractual statement without stating reasons in text form (e.g. letter, fax, Email) or – if the goods are released to you before expiry of the period – also by returning the goods. The period begins upon receipt of this instruction in text form, however, not before arrival of the goods at your location (in case of recurring deliveries of similar goods, not before arrival of the first partial delivery) and also not before fulfilment of our duty to inform according to Article 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties in accordance with § 312(g) Section 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. Sending off the withdrawal or the goods in due time shall be deemed sufficient for compliance with the withdrawal period. The withdrawal shall be addressed to:
Luftmed GmbH Amalienstr. 45 80331 Munich, Germany Fax: +49 89 / 638926-15
Consequences of withdrawal
In the event of an effective withdrawal, the payments and goods received by both parties shall be returned; any benefits already realised shall be returned as well. If you are not able to return or refund the payments or goods received as well as the benefits that may have already been realised, or you can only return or refund them in part or in a deteriorated condition, you shall compensate us for lost value. You shall compensate us for the deterioration of goods and for benefits already accrued only to the extent that the benefits or deterioration can be attributed to a handling of the goods going beyond the inspection of characteristics and working principle. “Inspection of characteristics and working principle” shall be understood to be the testing and trying out of the particular goods in such way possible and customary in brick-and-mortar retail shops.
The goods shall be returned to LUFTMED GmbH at the Customer’s own expense in the original box or in an equally secure cardboard box. Obligations to refund payments shall be fulfilled within 30 days. The period shall begin for you with the sending off of your withdrawal notification or the goods, for us with the receipt thereof.
Your right of withdrawal shall expire prematurely before you have exercised such right if, at your express request, the contract is completely fulfilled by both parties.
End of the information on the right of withdrawal
3.2 For Customers who are entrepreneurs in the sense of § 14 BGB (German Civil Code), the right of withdrawal described in Item 3.1 of these Terms shall not apply. Warranty rights of the entrepreneur according to these Terms shall remain unaffected by this provision.
Right of return
4.1 LUFTMED enables all customers – irrespective of the existence of a right of withdrawal according to Item 3 of these Terms – to return delivered goods to LUFTMED within 14 days from delivery. The goods shall be returned to LUFTMED GmbH at the Customer’s own expense in the original box or in an equally secure cardboard box. Obligations to refund payments shall be fulfilled within 30 days.
4.2 LUFTMED shall take back every returned item, provided that the goods have been properly stored by the Customer before they are returned. LUFTMED shall only accept the return of items if they are in their original condition and show no signs of use. This also means that items may not be damaged, contaminated, modified or contain any other traces of use and that any labels are still intact.
4.3 Goods may only be returned to the following address:
Luftmed GmbH Amalienstr. 45 80331 Munich, Germany
4.4 The aforementioned right of return shall not exist in the case of deliveries of goods that have been manufactured to customer specification or have been distinctly tailored to the personal requirements of the particular Customer.
4.5 If items purchased online are returned, we shall refund the purchase price within 30 days. The refund shall be made to a bank account specified by the Customer within 30 days from the return of goods and the notification of the bank account.
Purchase price; payment terms
5.1 Unless expressly agreed otherwise, LUFTMED shall only make delivery against prepayment (by transfer or credit card), invoiced accordingly. If LUFTMED arranges with the Customer for payment upon delivery, LUFTMED shall issue the invoice on the date of dispatch; if dispatch is delayed due to reasons attributable to the customer, then the invoice shall be issued on the agreed delivery date.
5.2 By confirming these Terms, the Customer expressly agrees to the sending of invoices via Email. The Customer may not demand that the invoice be mailed in paper form. Invoices by LUFTMED shall be due for payment within seven days after the invoice date.
5.3 The Customer’s right to set-off shall be excluded, unless the set-off is performed against a legally established or undisputed counter-claim.
5.4 If the creditworthiness of the Customer is reduced, then LUFTMED shall be entitled to demand immediate settlement of all claims and demand back goods already delivered. If LUFTMED has not yet delivered the goods, the delivery may be made dependent upon a down or advance payment. If the Customer falls into arrears with a payment, then all claims – including those that have been deferred – shall become due and payable immediately. LUFTMED shall be entitled to charge interest on arrears at the relevant rate provided by law.
Shipping costs; delivery of goods; delivery date
6.1 The shipping costs of the ordered LUFTMED products are included in the purchase price. The only exception to this shall be when shipping costs are shown explicitly and separately.
6.2 Deliveries shall be made to the shipping address specified by the Customer, however, exclusively within Germany. Unless expressly agreed otherwise, LUFTMED shall determine the appropriate shipping method and carrier at its own equitable discretion.
6.3 LUFTMED shall only be liable for the proper and timely handing over of the goods to the carrier. LUFTMED shall not be liable for delays caused by the carrier, unless a compulsory statutory regulation requires otherwise. Delivery dates or shipping time periods specified by LUFTMED shall therefore be non-binding as long as no express mutual agreement regarding a specific delivery date has been made. Dispatch shall take place within 5 – 10 days from the conclusion of the purchase contract.
6.4 In the event that one of LUFTMED’s suppliers does not timely deliver goods which, at the time of the Customer’s order, were marked in the web shop as being out of stock or have been sold off according to Section 6 of these Terms, the relevant period pursuant to Section 6 of these Terms shall be extended until delivery by the supplier – by at least two (2) work days, at the most, however, by a period of three weeks. The prerequisite for this extension shall be that the goods are reordered without delay and that the delay by the supplier is not attributable to LUFTMED.
6.5 If the goods are undeliverable or cannot be delivered on time, LUFTMED shall display this to the Customer without delay. The delivery period shall be extended in an appropriate manner in case of delayed self-delivery of LUFTMED without its fault by its supplier, in the event of force majeure (e.g. natural disasters or unrests) or strike, industrial actions, malfunctions, material or energy shortage without LUFTMED’s fault, or similar delivery-opposing events not attributable to a fault on part of LUFTMED. If these circumstances result in an obstruction of performance that is not just temporary, LUFTMED shall be entitled to withdraw from the contract. If the obstruction lasts longer than two months, the Customer shall be entitled to withdraw from the contract with respect to the part that has not yet been fulfilled; with respect to the part that has already been fulfilled, however, the Customer shall only be allowed to withdraw if accepting the partial performance cannot be reasonably expected of him/her. In case of an effective withdrawal, LUFTMED shall refund to the Customer any made payment within a reasonable period of time.
6.6 The Customer’s statutory rights regarding delayed delivery shall remain unaffected by the above provisions, subject to the Customer only being able to demand compensation for damages in accordance with the specific provisions provided within these Terms.
6.7 If after the conclusion of the contract changes to the content or scope of the product delivery are mutually agreed, the delivery period for the entire delivery shall begin to run anew at the time of the change. LUFTMED shall be entitled to make deliveries before the delivery date.
6.8 LUFTMED shall be entitled, as far as can be reasonably expected of the Customer, to perform partial deliveries of products included in the same order that can be used separately. Additional shipping costs resulting from this shall be borne by LUFTMED.
Transfer of risk
7.1 If the Customer is a consumer in the sense of § 13 BGB (German Civil Code), the risk of accidental perishing, accidental damage or accidental loss of the delivered goods (hereinafter referred to as “Risk”) shall be transferred to the Customer at the time the goods are handed over to the Customer or the Customer falls into delay of acceptance. If the Customer is an entrepreneur in the sense of § 13 BGB (German Civil Code), the Risk shall be transferred to the Customer at the latest at the time the goods are handed over to the carrier of the ordered products.
7.2 LUFTMED shall insure the goods against the common risks of transportation if the Customer is a consumer (see Item 1.3 of these Terms for definition). If the Customer is an entrepreneur in the sense of § 13 BGB (German Civil Code), a transport and breakage insurance for the ordered LUFTMED product shall only be arranged upon the Customer’s express request.
7.3 If the Customer is an entrepreneur in the sense of § 13 BGB (German Civil Code) and the delivery is delayed due to circumstances attributable to the Customer, then the Risk shall be transferred to the Customer at the agreed delivery date or, if such date has not been agreed, at the notification date of dispatch readiness by LUFTMED. In this case, the Customer, starting from the delivery date or, respectively, the time of display of dispatch readiness, may be charged with the costs accrued due to the storage of the ordered LUFTMED products, at least, however, 0.5% of the invoice amount for every month if the Customer does not prove that LUFTMED incurred no or only minor loss. LUFTMED shall be entitled to dispose otherwise of the products ready for dispatch after a period of acceptance set for the Customer has expired. In this case, the Customer shall be supplied within a reasonably extended period.
Retention of title
8.1 LUFTMED shall retain title to the delivered goods until the purchase price for the goods in question has been paid in full (including value-added tax and shipping costs).
8.2 The Customer shall not be entitled to resell the delivered goods subject to a retention of title without the prior written consent of LUFTMED. For the event of a possible resale, the Customer hereby, with respect to the purchase price payable to LUFTMED, already assigns to LUFTMED the claims arising from the resale. The assignment shall also apply to any balance claims of the Customer against his/her buyer or debtor. The assignment shall, however, be limited to the amount corresponding to the value as invoiced by LUFTMED for the LUFTMED product. The share in claims assigned to LUFTMED shall be given settlement priority. LUFTMED hereby authorises the Customer to collect the assigned claims in the ordinary course of his/her business, this authorisation being subject to revocation on important reason at any time, in particular, in case of default of payment, suspension of payments, initiation or application of insolvency proceedings, protest of a bill or justified indications regarding over-indebtedness or imminent insolvency of the Customer.
8.3 After prior warning and subject to a reasonable term, LUFTMED may disclose the security assignment, utilise the assigned claims as well as demand that the Customer disclose the security assignment to his/her buyer or debtor.
8.4 In the event of a substantiated legitimate interest, the Customer shall provide LUFTMED with any information and hand over any documents required to assert LUFTMED’s interests against the buyer or debtor.
8.5 In case of distraint, seizure or influence of a third party, the Customer shall inform LUFTMED without delay.
8.6 To the extent that the realisable value of all security interests to which LUFTMED is entitled exceeds the amount of all secured claims by more than 20%, LUFTMED shall, on request of the Customer, release a corresponding proportion of the security interests; the Customer shall have the right to choose regarding the release between different security interests.
8.7 If the Customer violates his/her obligations, in particular in case of default of payment, LUFTMED shall be entitled, even without setting a time limit, to demand the return of the LUFTMED products delivered and/or to withdraw from the contract; the Customer shall be obliged to hand over the goods. Unless expressly declared, LUFTMED’s request for handing over the goods shall not imply a statement to withdraw from the contract.
9.1 LUFTMED shall warrant that the delivery item has the agreed quality at the time of the transfer of risk. A quality agreement shall be determined exclusively on the basis of concrete agreements made in writing between the parties regarding the features, properties and performance characteristics of the delivered goods. Reasonable changes shall neither be considered a violation of the quality agreement, nor a warranty reason. Reasonable changes shall be insignificant deviations of the delivered goods from the description and specifications in the written and electronic documents regarding technology, colour, weight, dimension, design and other similar characteristics. These may arise due to the state of technology, customary variations and technical production processes. Any normal signs of wear and tear of the goods shall not justify a warranty claim.
9.2 All claims for defect shall require that the LUFTMED products be properly mounted when put into operation and be operated under careful observation of LUFTMED’s recommendations for use and/or operating instructions. LUFTMED products shall not be exposed to chemical or electrochemical effects resulting from water or abnormal, damaging environmental conditions. Such effects on the LUFTMED product shall not justify a claim for material defect against LUFTMED. Damages resulting from repairs, modifications or other interventions not performed by an authorised specialist LUFTMED dealer, improper handling/use and insufficient maintenance of LUFTMED products as well as operating errors shall not be considered a defect and shall not justify any claims for defect against LUFTMED. Also in the case that components or accessory parts not authorised by LUFTMED produce damages or malfunctions, it shall not be considered a defect attributable to LUFTMED.
9.3 If a defect covered by warranty obligation exists, the Customer shall be entitled to demand supplementary performance within the scope of statutory provisions. LUFTMED shall have the right to make supplementary performance twice. Statutory instances where a grace period need not be set shall remain unaffected. LUFTMED may reject the method of supplementary performance chosen by the Customer if it is only possible at disproportionate/unreasonable costs. If the Customer is an entrepreneur in the sense of § 13 BGB (German Civil Code), LUFTMED shall be entitled to choose between remedy of defects and delivery of a fault-free item.
9.4 In general, the defective item shall be sent to LUFTMED. LUFTMED shall send the LUFTMED product – whose defect has been remedied or which has been exchanged – back to the Customer. Parts replaced shall become the property of LUFTMED. If the defective goods are no longer included in the LUFTMED product range, LUFTMED shall be entitled to refer the Customer to his/her claims for price reduction and withdrawal from the purchase contract (see Item 8.5 of these Terms). The costs required for the purpose of supplementary performance shall be borne by the Customer as far as they are increased by the fact that the delivery is forwarded to a place other than his/her place of business, unless the forwarding of the goods is reflected by their intended use according to the terms of the contract.
9.5 If the supplementary performance fails or cannot reasonably be expected of the Customer or the supplementary performance is legitimately rejected, the Customer shall, in accordance with the currently valid law in each case, be entitled to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or reimbursement of his/her futile expenses.
9.6 The warranty claims of an entrepreneur shall require compliance with the obligations to inspect and notify about defects in time owed in accordance with § 377 HGB (German Commercial Code). The delivered goods shall therefore be examined by the Customer upon delivery and any apparent defects shall be reported to LUFTMED in writing without delay, at the latest, however, within 5 work days after delivery. Hidden defects shall be reported to LUFTMED in writing within 5 work days after their discovery.
9.7 The warranty period shall amount to two years from delivery if the Customer is a consumer in the sense of § 13 BGB (German Civil Code). For repairs and replacements, LUFTMED shall be liable to the same extent as for the original delivery, until expiry of one year from the arrival of the original delivery of the LUFTMED product at the Customer, provided that this is not prohibited by compulsory statutory provisions. The same shall apply to the delivery of replacement parts as part of supplementary performance. The statutory provisions regarding the suspension of the period of limitation shall remain unaffected by this.
10.1 For all claims of the parties against each other, that are not claims for performance and do not serve the purpose of meeting the contractual obligations, in particular for claims for damages or compensation of costs, claims arising from impossibility, delay, self-repair, cancellation or rescission after withdrawal, regardless of the question of breach of duty, the degree of fault and the basis for the claim, LUFTMED shall only be liable for damages caused by gross negligence or intent, however, it shall not be liable for slightly negligent breaches of contractual obligations. The same shall apply to the liability for damages caused by employees, representatives and vicarious agents. These limitations of liability shall not apply to personal injuries, claims in accordance with the German Product Liability Act (Produkthaftungsgesetz), fraudulently concealed defects and breaches of obligations essential to the contract. In all cases – unless dealing with personal injuries or in the presence of compulsory statutory provisions stating otherwise – liability shall be limited to the foreseeable, typically occurring damage.
10.2 If the Customer resells the delivery item unmodified or after processing, alteration or in combination with other goods, then he/she shall internally indemnify LUFTMED from any product liability claims of third parties as far as he/she is responsible for the initiating fault.
10.3 The provisions of the above Items 10.1 and 10.2 of these Terms shall furthermore also extend to compensation for damage in addition to performance and compensation instead of performance, irrespective of their legal grounds, in particular arising from defects, breach of contractual obligations or unlawful act, as well as for indirect damage, provided that the latter is not opposed by legal prohibition. They shall also apply to claims for compensation of futile expenses, including the liability for defects, delay and impossibility.
10.4 Unless expressly regulated otherwise, the statutory provisions shall remain unaffected beyond the commencement of the limitation period, the suspension of statute of limitation, the suspension and recommencement of periods.
10.5 No change in the burden of proof to the disadvantage of the Customer shall be connected with the preceding provisions.
Acquisition, storage and processing of data; data protection
11.1 As far as necessary for the fulfilment and processing of the contractual relation between the Customer and LUFTMED, LUFTMED may store and process the Customer’s data in accordance with the provisions of the German Federal Data Protection Act (§§ 28 f. Bundesdatenschutzgesetz).
11.2 Personal data transmitted by the Customer shall be used exclusively for the purpose of processing the order and within the limits of the statutory provisions. All data shall be treated as strictly confidential. They shall not be passed on to third parties who are not involved in the ordering, delivery and return procedure. With his/her order, the Customer expressly agrees to the acquisition, processing and use of personal data.
11.3 Beyond the use as described above, personal data shall only be used by LUFTMED for advertising and customer relation purposes if the Customer has given his/her express consent in this regard.
11.4 Every Customer may object to the use of his/her personal data for advertising purposes by LUFTMED at any time. Every Customer shall furthermore, on demand and free of charge, have the right to obtain information regarding the personal data stored at LUFTMED. In addition, the Customer shall have the right to demand the rectification of incorrect data, as well as to demand the data be blocked or deleted, provided there is no legal retention obligation or entitlement for LUFTMED. Withdrawal as well as requests for information, blocking or deletion shall be sent to the following address:
Luftmed GmbH Amalienstr. 45 80331 Munich, Germany Phone: +49 89 / 638926-0 Fax: +49 89 / 638926-15 Email: info@LUFTMED.de Website: www.LUFTMED.de
11.5 After receipt of a withdrawal, LUFTMED shall be entitled to continued use of the affected data for the purpose of handling and processing the order until the purchase has been finally completed.
12.1 The conclusion and processing of the contract shall be made in German language. The purchase contract existing between LUFTMED and the Customer shall be subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 If the Customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), a legal entity under public law or a special asset body under public law, then the courts in Munich shall be responsible for all disputes arising from or in connection with the contractual relationship concerned.
12.3 Without consent of the other party, none of the two parties shall be entitled to transfer their claims resulting from the contractual relationship to third parties. This shall not apply to monetary claims.
12.4 Changes and additions to the contract as well as side agreements shall require the written form. This shall also apply to changes to this requirement of the written form.
12.5 If one or several items of these Terms are or become invalid, this shall neither affect the validity of the remaining items, nor the effectiveness of the contract as a whole. The invalid provision shall be replaced with such provision that comes closest to the economic purpose intended with the invalid provision by the contractual parties.