General Terms and Conditions of BartelsRieger Atemschutztechnik GmbH

I. APPLICABILITY


1. Scope of application

1.1 These General Terms and Conditions (“GTC”) apply to all contracts that are concluded between BartelsRieger Atemschutztechnik GmbH, Richard-Byrd-Str. 23, 50829 Cologne, Germany ("BartelsRieger") and the Customer. Any general terms and conditions of the customer that conflict or deviate from these GTC shall only apply if BartelsRieger consents to their validity in writing. .

1.2 An "Entrepreneur" within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which conducts legal transactions as part of its commercial or self-employed activity (Section 14 German Civil Code (BGB)).

1.3 A “Consumer” within the meaning of these GTC is any natural person who conducts a legal transaction for purposes that cannot predominantly be attributed to either their commercial or self-employed activity (Section 13 German Civil Code (BGB)).

2. Information for Consumers

Information for Consumers is presented in Section II. Clauses 1 and 2 (Consumer information related to orders placed on BartelsRieger websites) of these GTC.

3. Conclusion of the contract

3.1 Orders that are placed on BartelsRieger websites

For orders that are placed on BartelsRieger websites, Consumer information can be found in Section II. Clauses 1 and 2 (Consumer information related to orders placed on BartelsRieger websites) of these GTC.

3.2. Other Orders

Whenever BartelsRieger sends the Customer an offer (e.g. by e-mail, fax, etc.), this represents a time-limited binding offer. If the Customer accepts such an offer by sending notice (e.g. by e-mail, fax, etc.) ("Other order"), a contract is concluded ("Conclusion of the contract").

4. Impediments to performance

If an ordered product will not come back into stock in the foreseeable future, BartelsRieger shall inform the Customer immediately. In such a case, BartelsRieger may rescind the contract and immediately inform the Customer as well as refund any payments that were made by the Customer.

5. Prices and Shipping

5.1 Orders that are placed on BartelsRieger websites

Prices are posted along with the offers on the website as well as in Section II Clause 3 (Consumer information for orders on BartelsRieger websites) of these GTC.

5.2 Other Orders

5.2.1. Consumers

The prices that are quoted in offers to Consumers are total prices and include all price components, including applicable taxes. Shipping costs are not included.

5.2.2. Entrepreneur

The prices quoted in offers to Entrepreneurs do not include VAT.

5.3 Shipping Costs

Prices do not include shipping costs. The shipping costs are stated in Section III (Shipping conditions) of these GTC.

6. Payment

6.1 Orders that are placed on BartelsRieger websites

The purchase price and shipping costs are due upon receipt of the invoice or payment plan.

6.2. Other Orders

6.2.1. The purchase price and shipping costs are due within 14 days of receipt of the invoice or payment plan. No discounts are granted.

6.2.2. BartelsRieger reserves the right to agree on individual payment conditions, such as payment in advance, etc. with the Customer.

7. Retention of title

Ordered goods remain the property of BartelsRieger until full payment is received.

8. Default

8.1 The Customer is in default on his payment obligations if he does not pay the purchase price within 14 days of receipt of the invoice or payment plan.

8.2 If the Customer defaults on his payment obligations, BartelsRieger is entitled to charge statutory default interest on the overdue amount. Entrepreneurs will also be charged a statutory lump sum fee for damage caused by delay.

8.3 If the Customer is in default on taking delivery (“Annahmeverzug”), he is obliged to compensate BartelsRieger for any resulting costs (e.g. storage costs).

9. Warranty

9.1 Consumers:

For Consumers, the statutory provisions apply to warranty for defects.

9.2 Entrepreneurs:

9.2.1 The warranty period for goods delivered by BartelsRieger is 12 months. This does not affect statutory special provisions for the limitation period, such as Section 438 (1) no. 1, (3) and Sections 444, 479 German Civil Code (BGB).

9.2.2 The above periods of limitation also apply to claims for damages based on a defect, unless the application of the regular statutory period of limitation (Sections 195, 199 German Civil Code (BGB)) would lead to a shorter period of limitation in individual cases.

9.2.3 Claims for defects presuppose that the Entrepreneur has complied with his obligations to inspect and report complaints under Section 377 German Commercial Code (HGB). If there is a defect and the customer is an Entrepreneur, BartelsRieger may choose whether to repair the defect or offer a substitute good that is free of defects ("Replacement"). If the subsequent performance is inadequate, the Entrepreneur may, at his own option, elect to reduce the purchase price or, provided the defect is not immaterial, withdraw from the contract.

9.2.4. Claims for compensation for damages or for compensation for vain expenses, even in case of defects, may only be brought in accordance with this Clause 9.2.

10. Liability

10.1 BartelsRieger is liable in cases of deliberate acts or gross negligence in accordance with statutory provisions.

10.2 BartelsRieger is also liable in accordance with statutory provisions if it culpably violates a material contractual obligation, meaning one whose fulfilment is necessary to achieve the objective of the contract. In this case, the liability for damages is limited to the predictable, typically occurring damage.

10.3 The liability of BartelsRieger for culpable injuries to life, limb or health remains unaffected. This also applies to the mandatory liability under the German Product Liability Act (ProdHaftG) or for any guarantees that are assumed.

10.4 In all other cases, any further liability of BartelsRieger is excluded.

10.5 The above limitations of liability also apply to breaches of duty by persons whose fault is attributable to BartelsRieger in accordance with legal regulations.

11. Data protection

Information about data protection at BartelsRieger is available at: https://bartels-rieger.de/en/tos-privacy-policy.

12. Final provisions

12.1 The laws of the Federal Republic of Germany shall govern the contract. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the Customer is a Consumer and has his habitual place of residence outside of Germany, then the mandatory consumer protection regulations of the state in which the Consumer has his habitual residence remain unaffected.

12.2 If the Customer is a merchant or a legal entity under public law, the place of jurisdiction is Cologne. In such a case, however, BartelsRieger is also entitled to sue the Customer at any other place of jurisdiction.

II. CONSUMER INFORMATION RELATED TO ORDERS PLACED ON BARTELSRIEGER WEBSITES

1. Conclusion of Contract

1.1 BartelsRieger’s presentation of products on its websites does not constitute a legally binding offer. If the Customer has added products from BartelsRieger to his "Shopping Cart", he will make a legally binding offer to purchase these products ("Placing of an order") by clicking on the "Purchase and Commit to Pay" button.

1.2 BartelsRieger may accept the legally binding offer of the Customer by sending an order confirmation to the Customer or delivering the products to the Customer ("Conclusion of the contract").

1.3 1.3 After submitting the order, the Customer will receive an e-mail confirming the receipt of the order and providing order details ("Order placement confirmation"). The order placement confirmation does not represent an order confirmation and acceptance of the Customer's order by BartelsRieger. Rather, it is only intended to inform the Customer that the order has been received. An exception to these terms applies if the Customer has chosen the PayPal payment method. In these cases, the contract is concluded when the payment transaction is concluded by PayPal, namely when the amount of the purchase price is credited in favour of BartelsRieger.


2. Order Transaction

2.1 When the Customer clicks on the "Add to Cart" button on the respective product page, the desired products are placed in the virtual shopping cart. The Customer can display contents of the assembled shopping cart and the resulting shipping costs at any time by clicking on the shopping cart icon in the upper right corner of the website. The products that are listed there can be individually removed from the shopping cart by clicking on the (x) button to the right of the product. If the Customer wants to order the products from the shopping cart, clicking on the "Proceed to Checkout" button leads to the page where customer data are entered.

2.2 After entering the customer data, the Customer can enter a different delivery address and choose a shipping and payment method. By clicking on the respective "Edit" link, the respective inputs can be subsequently changed. The Customer can view the shopping cart at any time by clicking on the cart icon in the top right corner. The Customer may adjust any incorrect entries before clicking on the "Buy Now" button by terminating the order transaction, i.e. by closing the browser window.

2.3 After the Customer confirms the General Terms and Conditions and the privacy policy, he can complete the order by clicking on the "Buy Now" button.

2.4 If the Customer has set up a customer account on any of the websites of BartelsRieger, he can log in using his customer account (by entering a username or e-mail address and password) after clicking on the "Buy Now" button. He can then select an already entered shipping address (if available), a possibly different billing address and the payment method. Or he can edit any of these by clicking on the respective "Change" link.

2.5 The text of the contract is not saved by BartelsRieger. Before submitting the order, the Customer can print the contract data using the browser’s print function or save it electronically. The Customer can view the GTC at any time at https://bartels-rieger.de/en/gtc.

2.6 If the Customer has set up a customer account on the BartelsRieger websites, he can view and print the data of individual orders on the BartelsRieger website in his customer account ("My Account") under "My Orders".



2.7 The official language of the contract is German.


3. Prices

The prices are total prices (and include all price components, including applicable taxes), and they do not include shipping costs. The shipping costs are stated in Section III Clause 2 of these GTC.


4. Warranty

In case of defects, the statutory warranty provisions apply.


5. Information about the online dispute resolution service

Information about the online dispute resolution service of the EU: the EU Commission has provided an Internet platform for the out-of-court settlement of disputes arising from online purchase and service contracts. This online dispute resolution platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/.


6. Information according to the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz)

BartelsRieger does not participate in dispute settlement proceedings before consumer arbitration boards.

 

7. Instructions on withdrawal


Consumers have the following right of withdrawal:

Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without needing to provide any reason. The withdrawal deadline is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last products in the order. To exercise your right of withdrawal, you must notify us (BartelsRieger Atemschutztechnik GmbH, Richard-Byrd-Str. 23, 50829 Köln, Phone: +49 (0)221 59 77 7-0, Fax: +49 (0)221 59 77 7-159, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.) by submitting a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form that is available at https://bartels-rieger.de/images/pdf/Formulare/Widerrufsformular_EN.pdf. However, you are not required to use this form. In order to meet the deadline under the period for the right of withdrawal, it is sufficient that you send the notice of your desire to exercise your right of withdrawal before the expiry of the period for the right of withdrawal.

Consequences of withdrawal:
If you withdraw from this contract, we will become obliged to refund all payments that we have received from you, including delivery charges (except for the additional costs arising from your choice of a different delivery method other than the most favourable standard delivery method that we offer), without undue delay and at the latest within fourteen days of the date when we receive your notice of withdrawal from this contract. When refunding payments, we use the same payment method that you used to complete the original transaction. In no case will you be charged fees for this refund. We may refuse to refund money to you until we have received the products back or until you have provided proof that you have returned the products, whichever occurs first. You must return the products to us without undue delay and in any event not later than within fourteen days of the date on which you informed us of your intention to withdrawal from this contract. The deadline is met if you send us the goods before the expiry of the period of fourteen days. You shall bear the immediate cost of returning the goods. You are only obliged to pay for any possible diminished value of the goods if this loss of value is attributable to handling that is not necessary for the purpose of evaluating the nature, characteristics, and functioning of the product.

Special Information:
You may not withdrawal your declaration of intent in contracts for the delivery of:

(1) Goods that are not prefabricated and where the Consumer’s individual choice or decision was essential to its manufacture or which are clearly tailored to the personal needs of the Customer (Section 312g (2) no. 1 German Civil Code (BGB));

(2) Goods in sealed packaging, which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery (Section 312g (2) no. 3 German Civil Code (BGB)), e.g. an eyewash bottle or respirator.

 

III. SHIPPING CONDITIONS


1. Shipping


1.1 Products are only shipped within Germany and the other EU countries.

1.2 Unless otherwise agreed, the shipment will be made to the delivery address specified by the Customer. The Customer may request a shipment to himself or to another person. If the delivery fails for reasons for which the Customer is responsible, the latter shall bear the costs of reshipping the product.

1.3 For orders that are placed on BartelsRieger websites, the goods will only be shipped after payment is received for the full purchase price and, if applicable, also the shipping costs. For other orders, the shipment will be made as agreed with the Customer and/or specified in the order confirmation. In cases of force majeure circumstances or labour disputes for which BartelsRieger is not responsible, the delivery time shall be extended by the duration of the hindrance. If the delay lasts longer than 2 weeks from the order date, the Customer shall be entitled to cancel his order.


2. Shipping costs


2.1 Germany


2.1.1 2.1.1 Online distribution channel/handling (orders that are placed on BartelsRieger websites):

Order value of under EUR 100: Flat shipping fee of EUR 4.95

Order value of over EUR 100: Free shipping.

2.1.2 2.1.2 Other distribution channels/shipping procedure (other orders):

Order value of under EUR 500: Flat shipping fee of EUR 10.00

Order value of over EUR 500: Free shipping

(with the exception of dangerous goods and special transport costs)

2.2 Other EU countries


2.2.1 Online distribution channel/handling (orders that are placed on BartelsRieger websites):

Order value of under EUR 100: Flat shipping fee of EUR 4.95

Order value of over EUR 100: Free shipping.

2.2.2 Other distribution channels/shipping procedure (other orders):

The calculation of shipping costs is based on actual expenses and will be communicated together with the order confirmation.


3. Delivery Times


3.1 Orders that are placed on BartelsRieger websites
Germany and other EU countries: within 3–5 working days (Monday to Friday excluding national and regional holidays) after receipt of payment.

3.2 Other Orders
The delivery date will be communicated with the order confirmation.


[Version: February 2019]