Terms & Conditions

General Terms & Conditions

§ 1 Scope of Application

These General Terms and Conditions govern the contractual terms for all contracts concluded between buyers and us (Sergej Dukart Dipl.-Ing. (FH), operating under “MyAirProtector”, Robert-Gerwing-Str. 17, 78244 Gottmadingen) as the seller via our online presence. Should the customer’s general terms conflict with ours, the customer’s terms are hereby rejected. The possibility of making deviating individual agreements remains unaffected.

§ 2 Conclusion of Contract

(1) The assortment presented in our shop does not constitute a binding offer to conclude a purchase contract, but an invitation for you to submit an offer.

(2) By placing your order, you submit a binding offer to purchase the ordered goods at the listed price.

(3) If you ordered through our web shop system, you will usually receive an automatically generated email confirming that we have received your order. This confirmation does not yet constitute acceptance of your offer.

(4) The contract is concluded with our explicit declaration of acceptance. Acceptance may also occur implicitly by us shipping the goods to you without explicitly declaring acceptance.

§ 3 Note on Storage of the Contract Text

We store the contract text with the data regarding the purchased item in our systems, to which you have no access. We do not make the contract text available to the customer. We therefore advise you to print out all contract data during the order process using your browser’s print function or to take screenshots.

§ 4 Warranty Rights

Statutory warranty rights apply to our goods offering, depending on the applicable law for consumers or merchants.

§ 5 Liability

(1) We are liable under statutory provisions in cases of intent or gross negligence by us, our representatives, or agents, as well as in cases of culpably caused injury to life, body, or health.

(2) Otherwise, we are only liable under the Product Liability Act, for culpable breach of essential contractual obligations, or if we have fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item.

(3) The claim for damages for culpable breach of essential contractual obligations is, however, limited to the contract-typical foreseeable damage, unless one of the cases in paragraph 1 or paragraph 2 applies.

(4) The above provisions do not constitute a reversal of the burden of proof.

§ 6 Limitation of Warranty Claims and Transfer of Risk

(1) If the buyer is an entrepreneur, claims for defects become time-barred within one year from delivery of the item to the entrepreneur, deviating from statutory provisions. Excluded are claims for damages due to defects that we have fraudulently concealed or for which we are liable under § 5 (1). In this respect, the statutory limitation periods apply.

(2) In the case of a sales shipment to entrepreneurs, the risk of accidental loss and deterioration of the goods passes to them at the time the goods are handed over to the transport/shipping company.

§ 7 Purchase Price / Due Date / Default

The purchase price includes VAT at the applicable rate. Delivery costs are charged separately. Delivery costs amount to €65.00 unless otherwise specified.

The invoice amount is due immediately upon conclusion of the purchase contract. If the customer does not pay the purchase price within 14 days after conclusion of the contract and receipt of the invoice, they are automatically in default. Timeliness of payment depends on the day the invoice amount is instructed.

§ 8 Delivery

The general delivery time can be up to 30 working days unless otherwise stated in the respective offer. The delivery time for the item can be found in the respective offer. It begins on the working day following receipt of payment by us.

§ 9 Retention of Title

(1) The item remains our property until full payment has been made.

(2) For entrepreneurs with whom we have an ongoing business relationship, this applies with the proviso that we retain ownership of the item until all outstanding claims from this business relationship have been settled.

§ 10

The EU Commission provides an online platform for the resolution of disputes. This platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information can be found at: http://ec.europa.eu/consumers/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, complaints can be directed to info@myairprotector.de.

§ 11 Miscellaneous

(1) German law applies, excluding international private law.

For consumers, this does not apply insofar as mandatory applicable national law of another state in which they habitually reside contradicts this.

(2) The contract language is German.

(3) For all disputes arising from the contractual relationship between us and merchants, legal entities under public law, or special funds under public law, actions must be filed with the court at our general place of jurisdiction. We are also entitled to sue at the customer’s principal place of business.