General Terms and Conditions
for orders placed by consumers from the European Union and Norway in the AIREX® online shop
1. Scope and contracting party
1.1 These General Terms and Conditions apply to all contracts concluded by consumers (“customer”) residing in, or with a delivery address in, a member state of the European Union or in Norway via the AIREX® online shop.
1.2 Your contracting party and the seller is
Kübler Sport GmbH
Karl-Ferdinand-Braun-Str. 3
71522 Backnang, Germany
Phone: +49 7191 9570-0 · Email: [[OFFEN: customer email Kübler]]
Register court: Amtsgericht Stuttgart, HRB 760748 · VAT ID: DE311400094
(“seller”, “we”).
1.3 The online shop and website are operated and owned by Airex AG, Industrie Nord 26, 5643 Sins, Switzerland (manufacturer of AIREX® products). Airex AG is not a party to the purchase contracts.
2. Conclusion of contract
2.1 The presentation of products in the online shop is not a binding offer but an invitation to order.
2.2 Before submitting your order, all details are shown in an overview and can be corrected. By clicking the button “Order with obligation to pay” you submit a binding offer to conclude a purchase contract.
2.3 We confirm receipt of your order by email immediately. The contract is concluded when we accept your order by a separate email (order confirmation) or ship the goods [[OFFEN: or on completion of payment via PayPal]].
2.4 Contract languages are German and English. We store the contract text and send you your order details and these terms by email.
3. Prices and shipping costs
All prices are final prices in euros (or the displayed local currency) and include the statutory VAT of the country of delivery. Shipping costs are shown on the page Shipping & payment and in the checkout before you place your order.
4. Delivery
We deliver to all member states of the European Union and to Norway. The delivery time is stated for each product. If a product is unavailable, we will inform you without delay and refund any payments already made.
5. Payment
You can choose from the payment methods offered in the checkout. Payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg [[OFFEN: further providers]]. The purchase price is due upon conclusion of the contract.
6. Retention of title
The goods remain our property until full payment has been made.
7. Legal guarantee and commercial guarantee
The statutory rights in respect of defects (legal guarantee of conformity) apply for at least two years from delivery. Please also see the EU notice on the legal guarantee on each product page. A commercial guarantee only applies where expressly stated for a product; it does not limit your statutory rights. [[OFFEN: Airex manufacturer’s guarantee > 2 years?]]
8. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under product liability law. In the event of slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.
9. Right of withdrawal
Consumers have a statutory right of withdrawal; see the withdrawal policy. You can also exercise it via the “Withdraw from contract” button in the shop.
Voluntary 30-day return policy: In addition to the statutory right of withdrawal, you may return goods within a total of 30 days of receipt. For returns after the statutory withdrawal period, the goods must be unused and complete. We bear the return costs if the value of the goods in your order is at least €40. Your statutory right of withdrawal and your statutory warranty rights remain unaffected.
10. Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. [[OFFEN: decision Kübler]]
11. Applicable law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the country of your habitual residence.
