General Terms and Conditions

Contractual conditions within the framework of purchase contracts concluded via the platform https://hit-air.de

between

Hit Air Protection GmbH
Weitzgrund 11
14806 Bad Belzig
Phone: +493384144450

Registered in the Commercial Register of the Potsdam Local Court: HRB 22353 P
represented by the managing director Steffen Butenschön
VAT identification number DE265932951

- hereinafter referred to as "Provider" -

and

the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Customer/Customers".

§ 1 Scope of application

For the business relationship between the supplier and the customer, both private end users and commercial customers, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range and collect them in a virtual shopping basket using the "Add to basket" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time by clicking on the shopping basket symbol or the "shopping basket" label in the top right-hand corner of the website. Changes can then be made in the virtual shopping basket and the customer can proceed to the virtual checkout by clicking on "Continue to checkout". If the customer does not yet have a customer account at the time of purchase, this must be created by entering the customer's e-mail address on the right-hand side of the input screen and confirming that a new customer account is to be opened. Then click on the "Create new customer account" button. The customer will now receive an e-mail to activate the customer account.

(2) The supplier then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with HitAir" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order represents the offer to conclude a contract with the respective content of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in the languages: German or English.

§ 3 Delivery, availability of goods, terms of payment

(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.

(3) The customer can pay by bank transfer, cash on delivery, PayPal or invoice. Payment on account is only possible for customers from an order value of 10,00 € possible. Payment on account is possible for customers up to an order value of 100,00 € possible.

(4) Payment of the purchase price is due immediately upon receipt of the invoice. The customer receives this automatically by e-mail. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

§ 4 Retention of title

The delivered goods remain the property of the supplier until the purchase price has been paid in full.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of cancellation.

§ 6 Warranty for material defects

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 Information on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.

(2) The provider shall not use the customer's data for advertising, market or opinion research purposes without the customer's consent.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

(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 the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.