General Terms and Conditions
2. Contract Partner, Conclusion of Contract, Correction Options
3. Contract Language, Storage of Contract Text
4. Subject Matter of the Contract
6. Reservation of Partial Delivery
12. Agreement on the Use of Trusted Shops Buyer Protection
1. Scope
Our online shop is aimed exclusively at entrepreneurs. In addition to verifying your status as an entrepreneur during the ordering process, we are entitled to request proof of your entrepreneurial status by submitting suitable and current documents, e.g. a commercial register extract or a business registration.
These General Terms and Conditions shall also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contract Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with All-in-Gas GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German, English.
We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Subject Matter of the Contract
4.1 Product Description
Reference is made to the validity of the respective product description as an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. In case of uncertainty, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Delivery Conditions
5.1 Shipping Costs
In addition to the stated product prices, standard shipping costs of €27.50 within Germany apply.
For express shipping, a surcharge of €40 applies. Further details regarding express shipping can be found in the offers.
5.2 Delivery Options
We ship the products to the delivery address specified during the ordering process.
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to packing stations.
6. Reservation of Partial Delivery
Subject to self-supply, we will ensure fast delivery. If part of the order is not immediately available because we are not supplied in time by our reliable supplier through no fault of our own despite placing a congruent order, we will deliver the remaining goods later without recalculating shipping costs, provided this is reasonable for you.
7. Payment
7.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory value-added tax.
7.2 Due Date and Default of Payment
The price is due upon conclusion of the contract unless a later point in time arises from the following payment conditions.
In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate as well as a lump sum of €40. Further claims remain unaffected.
7.3 Payment Methods and Invoicing
You agree to receive all invoices by email. This consent can be revoked at any time.
The following payment methods are generally available in our shop:
Prepayment
If you select prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information is provided during the ordering process.
PayPal may offer registered PayPal customers additional payment methods in their customer account based on its own criteria. However, we have no influence on the offering of these methods; any further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Invoice
The invoice amount is due within 14 days of receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
You are only entitled to a right of set-off if your counterclaim arises from the same contractual relationship or is in a reciprocal relationship with our main claim, is undisputed by us or has been legally established.
You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.
8. Retention of Title
We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of a connection or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you do not meet your payment obligations. If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer proportional co-ownership to us. We shall release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the claims to be secured by more than 10%.
9. Transport Damage
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
10. Warranty and Guarantees
10.1 Liability for Defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions for Entrepreneurs
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed agreed as the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Regulations for Merchants
For merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification regulated therein, the goods shall be deemed approved unless the defect was not recognizable during inspection. This shall not apply if we have fraudulently concealed a defect.
10.2 Guarantees and Customer Service
Information about any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
11. Liability
We shall always be liable without limitation for claims based on damages caused by us, our legal representatives or agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives or agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
12. Agreement on the Use of Trusted Shops Buyer Protection
You can insure orders placed with us free of charge up to an order value of €100 via the buyer protection of Trusted Shops SE. In addition, Trusted Shops offers a paid protection together with a guarantor. The Trusted Shops buyer protection terms apply, which you can find here. Buyer protection is concluded by clicking on the appropriately labeled button of the so-called Trustcard, which appears as a pop-up on the order confirmation page after completing an order. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click the button. In order to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser cache. For this purpose, a hash value of your email address as well as the order number and order amount are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered, you can register via the Trustcard as described above. Information on data protection at Trusted Shops can be found in the buyer protection terms linked above.
13. Final Provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
If individual clauses of these General Terms and Conditions are wholly or partially invalid, the contract shall otherwise remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.
