General Terms of Business (GTBs)
- Airfect sleep & comfort GmbH (hereinafter referred to as “Airfect”) operates the online store accessible at the URL www.airfect.de for the sale of beds and living accessories. These products and others are offered for sale in the online store. These General Terms of Business apply exclusively to legal transactions between Airfect and the customer. Airfect does not accept any opposing terms or terms which deviate from these GTBs, and hereby expressly objects to such conditions. Opposing terms of the customer shall only apply if Airfect agrees expressly in writing.
- Contracts relating to goods offered at www.airfect.de are concluded exclusively in German.
2. Contracting partner
The contracting partner of the customer is Airfect sleep & comfort GmbH.
Airfect sleep & comfort GmbH
Address: Karl-Schurz-Str. 23a, 33100 Paderborn
Owner: Markus Dietrich.
Paderborn District Court
VAT ID no.: DE 314537401
Tax no.: 339/5800/1452
2.1 Customer service
More information is available via the following:
Telephone: 05251 58677
Fax: 05251 58665
Order process and contractual conclusion
3.1. Requirements/conditions of ordering and contractual conclusion
- By submitting their order, the customer confirms that they are aged 18 years or above.
- The presentation of the product range alone does not constitute an offer within the meaning of Sections 145ff BGB (Civil Code). It is subject to change and non-binding. Technical changes, changes in form, dimensions and weight, as well as customary and reasonable color and grain deviations are reserved to the extent reasonable. Furniture items produced in series are sold according to sample or as depicted.
3.2. Description of the order process
By clicking on “Add to cart”, the customer places a desired product into their shopping cart. The customer may add as many products as they wish to their shopping cart in this manner. By clicking on “Checkout” in the “Shopping cart” section, the customer initiates the order process. Now all necessary data are requested from the customer: billing address, delivery address, delivery options as well as preferred payment method. The customer is then prompted to check the selected products as well as all information related to their order one last time. It is the responsibility of the customer to provide correct and truthful information. The customer can subsequently send the binding offer to Airfect by clicking on “Buy”.
3.3. Contractual conclusion
- By sending an order over the internet (see description above in section 3.2), the customer declares their binding contractual offer and agrees to the application of these GTBs.
- The order confirmation automatically sent following submission of the order confirms that the customer’s order has been received by Airfect. This order confirmation alone does not constitute acceptance of the customer’s order. The purchase contract is only established upon the acceptance declaration of Airfect, which is sent in a separate email (order confirmation/payment request/confirmation of payment receipt/dispatch confirmation), yet no later than upon dispatch of the ordered good.
4. Prices and shipping costs
4.1 Sales prices
All prices on www.airfect.de are stated in euros and include the respectively applicable, statutory value added tax in Germany. The prices listed in the offer at the time of the order apply.
4.2 Shipping costs for deliveries to Germany
Airfect does not charge any shipping costs for orders with a delivery address within the Federal Republic of Germany.
4.3 Shipping costs for deliveries to other countries
Airfect also delivers to other European countries upon request. Additional shipping costs are charged for this purpose; these costs can be inquired from the Airfect customer service.
5. Reservation of ownership
The good remains the property of Airfect until payment in full.
6.1 Place of delivery
- Airfect offers a delivery service to the desired address stated. The customer must disclose a delivery address to Airfect at which a person is able to accept delivery of the product at the time of delivery. The customer must also disclose a telephone number on which the person accepting delivery can be reached for coordinating a delivery time.
- Neither Airfect nor the deliverer shall be liable for costs or inconveniences that occur as a result of an imprecise or incorrect delivery address or telephone number.
6.2 Delivery types
- Ordered goods shall be shipped according to their size either as a package (e.g. living accessories) or by forwarding agent (e.g. larger items of furniture).
- In the event of shipping by forwarding agent, Airfect or the forwarding agent shall contact the customer in advance by telephone or – if the customer cannot be reached by telephone – in writing in order to arrange a delivery time. In the case of non-dismantled goods, the forwarding agent shall also handle the disposal of the packaging upon request.
- It is the responsibility of the customer to provide information about the particulars of access or entry to the dwelling, which could lead to an impediment in delivery. Moreover, the customer is responsible for measuring the dimensions of the access routes to their dwelling and for confirming to the forwarding agent that the good can be delivered.
6.3 Delivery time and delivery tracking
- The customer shall be informed about the expected delivery time in the order confirmation by email. The delivery time comprises, on the one hand, the time also indicated in the online store for the completion of the product ready for shipping and, on the other hand, the time required by our forwarding agent to deliver the product. The delivery time in the territory of the Federal Republic of Germany typically amounts to one week, although it is also dependent on the reachability and desired date and time of the customer.
- In some cases, the current delivery status of each order may also be accessed on the websites of forwarding agents. Alternatively, the Airfect customer service is available for information.
6.4 Absence at the time of delivery
In the event of the customer’s absence during the agreed delivery time, the impossibility of delivery due to insufficient information or impossibility of access, which was not disclosed by the customer in advance, Airfect reserves the right to charge new or additional shipping costs. If the customer fails to punctually pay these new or additional shipping costs after a corresponding request, Airfect is not obliged to arrange new delivery.
6.5 Change to the delivery address
The customer must promptly disclose to Airfect any changes to the delivery address confirmed at the time of the order. Changes to the delivery address that are disclosed fewer than seven days prior to the planned delivery date may potentially not be considered. Changes to the delivery address that are made after the ordered good has left the warehouse of Airfect or has been handed over to the forwarding agent, may not be considered.
6.6 Delivery delay in the event of force majeure
- Delivery and performance delays due to force majeure and events that significantly impede or render temporarily impossible delivery for Airfect, including strikes, lockouts, official interventions, energy and resource shortages, are not the responsibility of Airfect even in the case of bindingly confirmed delivery dates and times. This also applies if they occur at suppliers of Airfect or their sub-suppliers. In these cases, Airfect is entitled to postpone delivery by the duration of the circumstances plus an additional reasonable start-up period.
- Should the performance impediment in these cases last for a period of more than six weeks following the originally applicable delivery times, the customer shall be permitted to cancel the contract. Further claims, in particular to compensation, do not exist.
- The liability limitation shall not apply in cases of willful or grossly negligent violations of duties on the part of Airfect, its legal representatives or auxiliary agents or if a fixed delivery date was expressly agreed.
6.7 Lapse of the delivery obligation
The obligation of Airfect to provide delivery shall lapse if Airfect itself is not correctly and punctually supplied despite proper, congruent covering transactions, and is not responsible for the lack of availability, the customer is promptly informed in this respect and no procurement risk was assumed. In the event of the non-availability of the good, any advance payment shall be refunded without delay.
6.8 Transfer of risk
For consumers, the transfer of risk of accidental loss and deterioration of the purchased good in the case of consignment shall occur upon handover of the good to the consumer or to a recipient named by the consumer. This applies regardless of whether shipping is insured or not. Whether or not the purchaser delays in acceptance is irrelevant for the time of handover. Otherwise, the transfer of risk of accidental loss and deterioration of the good shall occur upon handover, in the case of consignment upon delivery of the good to the forward agent or to the purchaser in the case of a person or establishment appointed with handling shipment.
6.9 Delay in acceptance
Should the customer delay in acceptance, Airfect reserves the right to sell the good to a third party or to make the original customer liable for any loss.
7. Right to cancel of the consumer
Consumers are generally entitled to the right to cancel. More information about the right to cancel can be found in the cancellation policy of the vendor.
8. Warranty and guarantees
- Statutory warranty law applies without restriction in the case of deliveries to consumers. Section 9.2 remains unaffected.
- If the customer is an enterpriser, claims of defects shall lapse within 12 months from handover of the good. Insofar as the customer is a merchant within the meaning of the Commercial Code (HGB) and the purchase is for its commercial business, the customer shall assume a duty to inspect and give notice of defects in accordance with Section 377 HGB in relation to all deliveries and performances of the vendor in the execution of this contract. Airfect shall not be liable towards commercial customers for damages that are not inherent in the products themselves. In particular, Airfect shall not be liable for loss of income or for other financial damages. Insofar as the liability of the vendor is excluded or limited, this shall also apply in favor of legal representatives and auxiliary agents of Airfect.
- Products repaired, changed or assembled by the customer or by other persons not commissioned by Airfect shall in all cases be excluded from the warranty. Moreover, Airfect shall not accept liability for defects to the good which are caused by improper use and/or improper handling.
- As soon as the customer has received a repayment as a result of a damage under warranty, all future warranty claims shall lapse.
- The assignment of claims of defects is excluded.
- The above provisions shall not restrict the right to cancel according to section 7.
Some products may be offered by Airfect with a contractual guarantee. Such guarantees are stated on the respective product details page on www.airfect.de accordingly.
- Claims of the customer to compensation are excluded. This shall not include compensation claims of the customer due to injury to life, limb and health as well as to liability for other damages based on a willful or grossly negligent violation of duty on the part of Airfect, its legal representatives or auxiliary agents. Moreover, liability remains unaffected for violations of duties whose fulfillment makes the proper execution of the contract possible in the first place and the observance of which the customer may regularly rely upon. In the event of slightly negligent violations of these contractual duties, Airfect shall only be liable for the contractually typical, foreseeable damage, unless the compensation claims of the customer are due to injury to life, limb or health.
- The above liability disclaimer also applies in favor of legal representatives and auxiliary agents of Airfect, if claims are asserted directly against them.
- Liability for fraudulently concealed defects or upon handover of a quality guarantee as well as liability for claims based on the Product Liability Act, Federal Data Protection Act and for damages due to injury to life, limb or health shall remain unaffected by the above. This shall not thereby change the burden of proof to the disadvantage of the customer.
With the exception of claims from tort, compensation claims against Airfect shall lapse upon expiry of 12 months. This shall not apply to compensation claims as a result of injury to life, limb or health by Airfect or a legal representative or auxiliary agent of Airfect.
9.3 Disclaimer for external websites
Airfect may also link to other websites on the internet on the webpages of www.airfect.de. Airfect is not liable for the content of these external websites. Upon discovery of unlawful content on linked websites, Airfect shall promptly block the link to such websites.
10. Promotional vouchers
- Promotional vouchers (vouchers that the customer cannot purchase, but are issued by Airfect as part of promotional campaigns with a defined duration of validity) are only valid for the period stated and only redeemable once in connection with an order process. Individual products may be excluded from promotional voucher campaigns.
- The value of the good must equate to at least the amount of the promotional voucher. Any remaining balance will not be refunded. If the balance of the promotional voucher is not sufficient for the order, the difference may be settled with the payment options offered.
- Promotional vouchers may only be redeemed prior to completion of the order process. Retroactive redemption is not possible. The balance of a promotional voucher shall neither be exchanged for cash nor subject to interest. Multiple promotional vouchers may not be combined.
- The promotional voucher or its value shall not be refunded if the good is returned in part or full, insofar as the promotional voucher was issued as part of a promotional campaign and no counter-performance was rendered for it.
11. Customers outside Germany
Customers in Germany can submit orders directly via the website www.airfect.de. Airfect also delivers to other European countries upon request. The Airfect customer service should be contacted for orders, shipping costs and delivery information with respect to other European countries:
Telephone (DE): +49 (0) 5251 58677, Mondays to Fridays 10 am – 6 pm
Fax: +49 (0) 5251 58677
12. Data protection
13. Amendments to the GTBs
Airfect is permitted to unilaterally amend these GTBs – provided they are applied to the contractual relationship with the customer – insofar as this is necessary to resolve any subsequently occurring equivalence disruptions or to adjust to altered statutory or technical conditions. Airfect shall inform the customer accordingly and disclose the content of the amended regulation. The amendment shall become a component of the contract if the customer does not submit their objection in writing or text form to Airfect within six weeks of receiving the amendment notice for application in the contractual relationship.
Purchase contracts with www.airfect.de are subject exclusively to the law of the Federal Republic of Germany with the exclusion of the German conflict of laws as well as all international and supranational (contractual) regulations, in particular the UN Convention on the International Sale of Goods.