GENERAL TERMS AND CONDITIONS
§1 Contractual conditions
1.1 All deliveries and services of All-in-Gas GmbH (hereinafter: All-in-Gas®), including all execution and processing, are provided exclusively on the basis of the following terms and conditions of All-in-Gas®. No other terms and conditions shall form part of the contract, even if All-in-Gas® does not expressly object to them.
1.2 All counter-confirmations by customers/purchasers with reference to their own terms and conditions of business or purchase are hereby rejected. By placing orders with All-in-Gas® or placing orders with All-in-Gas®, customers/purchasers expressly accept All-in-Gas®'s terms and conditions without restriction.
§2 Subject matter of the contract, conclusion of contract
2.1 The products, goods and services presented in the online store, in brochures or in any other way by All-in-Gas® do not constitute a legally binding offer. Rather, it is an invitation to place an order. By clicking on the "Send order" button, customers/purchasers submit a legally binding offer to place an order. The contract between the customer/purchaser and All-in-Gas® only comes into effect when All-in-Gas® confirms the order.
2.2 All-in-Gas® cannot guarantee the availability of all products, goods and services, either in principle or with regard to the availability of specific quantities or ancillary services. However, All-in-Gas® will inform the customer as soon as possible if an item is unavailable or in the event of other supply bottlenecks.
2.3 The weights, volumes and other properties of all goods sold by All-in-Gas® are taken from the manufacturer's specifications and are passed on by All-in-Gas® without guarantee and without obligation. All-in-Gas® accepts no liability for any printing errors in product descriptions. All-in-Gas® reserves the right to make technical changes at any time. Furthermore, All-in-Gas® is entitled at any time to refrain from making deliveries or providing services to customers/purchasers in the event of typographical, printing or calculation errors on the All-in-Gas® website.
2.4 Orders can be placed via the online store, in writing, using the contact form provided, by e-mail or by fax. If the order is sent by post, the following address applies:
All-in-Gas GmbH
Gautinger Str. 84
82319 Starnberg
Fax: +49 (0) 8151 - 97 29 248
E Mail: contact@allingas.com
Every order placed with All-in-Gas® is deemed to be an offer to conclude a contract with All-in-Gas®, which All-in-Gas® may accept or reject.
2.5 Without exception, any verbal collateral agreements are only effective if they are confirmed in writing by All-in-Gas®.
§3 Price reservation, delivery time
3.1 The prices quoted by All-in-Gas® are always non-binding. Only the respective prices on the day of delivery to the purchaser/customer apply. All prices are shown as gross prices including VAT and net prices including VAT at the applicable statutory rate. Unless expressly agreed otherwise in writing, prices shall apply ex place of dispatch excluding packaging, freight or pre-freight. Packaging and shipping costs shall in any case be borne by the customer/purchaser. Shipping and packaging costs depend on the shipping method, the method of payment, the weight of the goods and the shipping destination and are shown separately on the invoice. Further information on shipping methods and costs can be found at http://www.all-in-gas.com/shop-faqs.html. All-in-Gas® chooses the shipping method in each individual case to the best of its judgment or at the request of the customer/purchaser, to the extent permitted by law.
3.2 All-in-Gas® strives for a delivery time of approx. 10 working days for non-reactive gases and approx. 20 days for reactive and highly reactive gases from receipt of an order, without obligation and without legal obligation. Notwithstanding this, all delivery times stated or agreed by All-in-Gas® are always non-binding.
3.3 All facts and events beyond the control of All-in-Gas®, in particular strikes, war, general obstructions to monetary and credit transactions and similar obstructions to normal commercial transactions, regardless of whether at All-in-Gas®, at the plant of a supplier or one of its subcontractors, shall be deemed force majeure, shall release All-in-Gas® from its obligation to perform for the duration of the respective condition and shall not entitle the customer/purchaser to cancel an order or purchase order in part or in full. The same applies in the event of legal or official orders that make delivery or the provision of services more difficult.
§4 Notification of defects and warranty
4.1 All warranties are governed by the applicable statutory provisions, unless otherwise stipulated below. The warranty period for goods supplied by All-in-Gas® is 12 months. An additional warranty only applies to goods supplied by All-in-Gas® if this is expressly stated in writing in a separate offer or in a separate order confirmation. Catalog descriptions or descriptions on the All-in-Gas® website do not constitute a warranty under any circumstances. Furthermore, All-in-Gas® is not responsible for material defects in goods that All-in-Gas® procures from third parties and delivers to the customer unchanged; liability for intent or negligence remains unaffected.
4.2 Complaints due to incomplete delivery or externally recognizable defects in goods must be reported to All-in-Gas® in writing immediately (after delivery). All-in-Gas® accepts no liability for transport damage. All-in-Gas® has the right, at its own discretion, to repair or replace goods in the event of complaints due to incomplete delivery or externally visible defects (excluding transport damage, see above). If the rectification or replacement delivery also fails - for which All-in-Gas® must be granted a reasonable period of time and opportunity - the customer may, at its discretion, demand a reduction in payment or rescission of the contract.
4.3 Deviations in the quality of goods sold by All-in-Gas® may not be objected to by the Customer, provided they are customary in the trade and not significant for the intended use.
4.4 All warranty claims are only available to the direct customer/purchaser of All-in-Gas® and are not assignable in whole or in part under any circumstances.
§5 Dispatch
5.1 All shipments are sent to the customer at the expense and risk of the customer from the All-in-Gas® warehouse. The risk is transferred to the customer when the goods are loaded. Unless otherwise agreed in writing prior to shipment, any required or agreed insurance policies shall always be taken out at the expense of the purchaser/customer.
5.2 If the goods are collected by the customer/purchaser's own vehicles or an authorized representative, the risk shall pass to the customer/purchaser when the goods are handed over.
5.3 In the case of shipment abroad, the fees incurred and, in the case of airmail shipment requested by the customer, the additional costs incurred in this respect will be charged and invoiced. All-in-Gas® will inform the buyer/customer of the expected costs for international shipping by email; the goods will only be shipped after advance payment and receipt of the delivery costs in the specified All-in-Gas® business account.
§6 Right of withdrawal and return
The All-in-Gas® offer is aimed exclusively at companies and never at consumers. There is therefore no right of withdrawal.
7.1 All-in-Gas® only delivers against prepayment, invoice, PayPal or credit card. All-in-Gas® grants payment terms to certain customers in individual cases, but only in writing and before the contract is concluded.
7.2 If All-in-Gas®'s claim has not already been settled when the invoice is issued and no payment term has been agreed in accordance with section 7.1, invoices from All-in-Gas® are due for payment within 14 days without deductions. After this period has expired, the purchaser/customer is in default.
7.3 If a buyer/customer fails to make payment after a reminder has been issued by All-in-Gas® and a reasonable deadline has been set, All-in-Gas® shall be entitled, at its own discretion, to withdraw from the contract or claim damages for non-performance. The provisions of this paragraph also apply to any partial payment agreements.
7.4 If a buyer/customer defaults on its payment obligation, All-in-Gas® shall be entitled to charge interest on arrears at a rate of 5% above the respective prime rate.
7.5 Costs arising from any reversal of a payment transaction due to insufficient funds or incorrect data provided by the customer/purchaser must be borne by the customer/purchaser in all cases and will be charged to them by All-in-Gas®.
§8 Offsetting, retention
Offsetting by customers/purchasers is only permitted with undisputed or legally established claims. Furthermore, customers/purchasers are only entitled to a right of retention for claims arising from the same contractual relationship.
§9 Retention of title
9.1 All goods delivered by All-in-Gas® remain the property of All-in-Gas® until full payment and settlement of all claims and/or receivables of All-in-Gas® arising from the business relationship. This also applies to conditional claims.
9.2 The following provisions also apply:
The customer/purchaser must notify All-in-Gas® immediately in writing of any third-party access to goods owned or co-owned by All-in-Gas®. The customer/purchaser shall bear any costs incurred as a result of such interventions, in particular for third-party actions or extrajudicial releases. By way of security, the customer/purchaser assigns to All-in-Gas® in full all claims arising from resales or otherwise relating to the reserved goods (including all current account balance claims). All-in-Gas® revocably authorizes the customer/purchaser to collect the assigned claim for its own account and in its own name. All-in-Gas® may revoke this aforementioned direct debit authorization if a customer/purchaser does not properly meet its payment obligations to All-in-Gas®.
§10 Limitations of liability
10.1 Subject to the provision in section 10.2, the statutory and/or contractual liability of All-in-Gas® for damages is limited as follows:
(i) All-in-Gas®'s liability is limited to the amount of damage typically foreseeable at the time of conclusion of the contract for the slightly negligent breach of material obligations arising from the contractual obligation (i.e. those obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the licensee regularly relies, so-called cardinal obligations); (ii) All-in-Gas® is not liable for the slightly negligent breach of non-essential obligations arising from the contractual relationship.
10.2 The aforementioned limitation of liability shall not apply in cases of mandatory statutory liability under the German Product Liability Act or in the event of the assumption of a guarantee, damage caused intentionally or by gross negligence or culpably caused bodily injury.
10.3 The customer is obliged to take all reasonable measures to avert and mitigate damages.
10.4 All-in-Gas® is not liable for indirect and/or consequential damages, regardless of the legal grounds, in particular not for lost profits and loss of interest, unless there is a case of intent or gross negligence.
10.5 Insofar as All-in-Gas® liability is excluded or limited, this also applies to the personal liability of All-in-Gas® representatives, employees and vicarious agents.
10.6 Any claim for damages is limited to a maximum of ten times the amount of the respective order/order value.
§11 Withdrawal
If there is a significant deterioration in the financial circumstances of a customer/purchaser that casts doubt on its ability to pay, All-in-Gas® is entitled to withdraw from the contract or withhold deliveries or services and set the customer/purchaser a reasonable deadline for making advance payments or providing collateral. If this period expires without result, All-in-Gas® is entitled to withdraw from the contract.
§12 Data protection
12.1 Each customer/purchaser authorizes All-in-Gas® and agrees to process, store and evaluate the data relating to the customer/purchaser that arises in connection with the business relationship in accordance with the applicable data protection laws. In particular, All-in-Gas® stores and uses the personal data of customers/purchasers to process orders and handle any complaints.
12.2 All-in-Gas® does not pass on any personal customer/purchaser data to third parties. Exceptions to this are service partners who require certain data to process orders and deliveries. In these cases, however, the amount of data transmitted is limited to the minimum necessary.
§13 Final provisions
13.1 Purchasers and customers are not entitled to assign their respective claims arising from contracts with All-in-Gas® in whole or in part under any circumstances.
13.2 The sole place of jurisdiction for all disputes between All-in-Gas® and the buyer/customer is Munich (Munich Regional Court I).
13.3 These General Terms and Conditions contain all rights and obligations of the contracting parties. All other agreements or declarations of intent by the contracting parties must be made in writing to be valid. This also applies to any change to the written form requirement itself.
13.4 Should any provision of these Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by such effective provisions that fulfill the economic purpose intended by the ineffective clause as far as possible.
13.5 All legal relationships and claims between Customers and All-in-Gas® shall, to the extent permitted by law, be governed exclusively by German law, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
§14 Version
Version dated 15.01.2018. All previous versions are therefore invalid.
Our complete company data:
All-in-Gas GmbH
Managing director: Andreas Allihn
Gautinger Str. 84
D-82319 Starnberg
Phone: +49 (0) 8151 95 90 488
Fax: +49 (0) 8151 97 29 248
E Mail: contact@allingas.com
