Terms and Conditions

Section 1 - Definitions.

The terms below are defined as follows for the purposes of these general terms and conditions:

Buyer: Anyone who enters into or has entered into an Agreement with Klimadeluxe GmbH, user of these general terms and conditions, established and with offices at Wassenbergstraße 36, 46446, Emmerich an Rhein in Germany.

Agreement: Any Agreement of purchase and sale concluded between the Buyer and Klimadeluxe GmbH with regard to the goods offered by Klimadeluxe GmbH in the context of its normal business operations.
Conditions: The general terms and conditions of sale and delivery of Klimadeluxe GmbH.

Paragraph 2 - Applicability Conditions.

These terms and conditions form part of every offer, quotation and every Agreement and apply to all deliveries and other services performed under an Agreement.

Additional and/or deviating conditions of the Buyer - including purchase conditions - do not form part of the Agreement and do not bind Klimadeluxe GmbH, unless the parties have expressly agreed so.
If these Terms and Conditions are amended in the interim, the amended version of these Terms and Conditions will form part of every Agreement concluded between the Buyer and Klimadeluxe GmbH, unless the Buyer expressly expressly indicates in writing that he or she does not agree with the amendments within 14 days of receipt of the amended Terms and Conditions. to go.

The buyer always has the right to return something if the product is not to his liking, this must be done within 14 days, provided that the product has not been used. The buyer has the right of return at all times without any reasons.

Paragraph 3 - Realization Agreement.

Quotations and offers from Klimadeluxe GmbH are without obligation unless expressly stated otherwise.

An Agreement is concluded by an order placed by the Buyer with Klimadeluxe GmbH and the acceptance by Klimadeluxe GmbH of this order. By placing an order, the Buyer accepts the applicability of the Conditions. An order from the Buyer is deemed to have been accepted by Klimadeluxe GmbH if Klimadeluxe GmbH does not inform the Buyer within two weeks that it does not accept the order.

The Buyer has the right to terminate the Agreement without giving any reason during a period of 14 working days. This should be done by email only.

Paragraph 4 - Force majeure.

In the event that delivery of the ordered goods is impossible due to force majeure, Klimadeluxe GmbH will be released from its obligations under the Agreement. In the event of a delay in delivery due to force majeure, Klimadeluxe GmbH is released from its obligations to deliver within the specified delivery time.

Force majeure also includes a circumstance on which Klimadeluxe GmbH has no influence or cannot reasonably have influence.

The Buyer is only authorized to dissolve the Agreement insofar as the Agreement cannot be performed, or it has been established that fulfillment is not possible within two months.

In the event of force majeure on the part of Klimadeluxe GmbH, the buyer cannot claim compensation from Klimadeluxe GmbH for the damage it has suffered.

Section 5 - Liability.

Klimadeluxe GmbH is not liable for damage suffered by the Buyer or any third party as a result of shortcomings in the goods delivered by Klimadeluxe GmbH.

Klimadeluxe GmbH is not liable for any damage suffered by the Buyer or any third party as a result of non-, incorrect or late delivery by Klimadeluxe GmbH.

The liability of Klimadeluxe GmbH with regard to the delivered goods under the Agreement is maximized to the amount for which the goods under the Agreement are transferred.

Unless otherwise specified, all legal claims against Klimadeluxe GmbH are subject to a limitation period of one year, calculated from the date of conclusion of the Agreement.

Section 6 - Payment.

Klimadeluxe GmbH will charge the amounts owed by the Buyer under the Agreement by means of an invoice. The Buyer and
Klimadeluxe GmbH can agree to cash payment. Payment must be made to a bank or giro account specified by Klimadeluxe GmbH, without deduction or discount, in the manner and within the period stated on the invoice. If no term is stated, a payment term of ten working days will apply.

If the Buyer and Klimadeluxe GmbH have agreed to pay the invoice cash on delivery, Klimadeluxe GmbH will only ship the agreed item after the Buyer has confirmed the order to Klimadeluxe GmbH. If the delivery is not received or collected without giving reasons, except if the shipment is not presented by the regular postal service, Klimadeluxe GmbH reserves the right to recover the costs of the cash on delivery shipment from the Buyer.

Klimadeluxe GmbH reserves the right to pass on price changes to the Buyer. Klimadeluxe GmbH will expressly notify the Buyer of price changes that have occurred. The Buyer can dissolve the Agreement within three working days, after the price change has been expressly made known to the Buyer. Dissolution of the Agreement on the basis of changed prices must be submitted to Klimadeluxe GmbH in writing or by e-mail.

If the Buyer moves and/or changes his billing address, he must inform Klimadeluxe GmbH of the new address in writing as soon as possible.

Klimadeluxe GmbH shall at all times be entitled to demand advance payment, cash payment or security for payment from the Buyer.

Without the explicit consent of Klimadeluxe GmbH, the Buyer is not entitled to set off its payment obligations towards Klimadeluxe GmbH against any claim of the Buyer against Klimadeluxe GmbH, in whatever form.

In the event of non-payment or late payment, Klimadeluxe GmbH is entitled from the due date of the invoice, without prior notice or summons, to charge the Buyer an interest of 2.5% per month or part of a month that payment is not made. Furthermore, Klimadeluxe GmbH is entitled to charge the Buyer an amount of at least 25% of the outstanding principal sum as compensation for the judicial and extrajudicial collection costs to be incurred by Klimadeluxe GmbH, without prejudice to the right of Klimadeluxe GmbH to charge the actual costs incurred. to the Buyer.

As long as the Buyer has not fulfilled all its payment obligations towards Klimadeluxe GmbH, for whatever reason, Klimadeluxe GmbH is entitled to discontinue or suspend the agreed delivery of movable property. This suspension applies until the Buyer has fulfilled all obligations towards Klimadeluxe GmbH.

Without prejudice to the provisions of this article, Klimadeluxe GmbH is entitled, in the event of non-payment or late payment, or non-compliance or improper fulfillment of any other obligation resting on the Buyer, to declare the Agreement dissolved in writing without prior notice of default, without prejudice to the right of Klimadeluxe GmbH to demand compensation from the Purchaser for the damage suffered by it as a result of this dissolution.

Paragraph 7 - Retention of title.

As long as the Buyer has not fully fulfilled all its payment obligations towards Klimadeluxe GmbH under an Agreement for the delivery or provision of goods, including claims for failure to comply with such an Agreement, Klimadeluxe GmbH retains title to all Purchaser delivered goods.

Section 8 - Warranty.

All products, movable property offered by Klimadeluxe GmbH are subject to the guarantees provided by the manufacturer of the items.

The warranty is only valid if an original purchase invoice can be presented.

Unless there is gross negligence or negligence, Klimadeluxe GmbH is not liable for any consequential and/or trading loss (caused by, among other things, improper use), or articles with defects.

Klimadeluxe GmbH is not liable for any damage caused by the website or store location not being accessible and/or not available for orders.

The Buyer is responsible for the choice, use and application of the ordered goods from Klimadeluxe GmbH. Klimadeluxe GmbH provides as much product information as is reasonably possible for the benefit of the Agreement.

Section 9 - Delivery.

All packages are discreetly packed and usually delivered with regular mail, PostNL, DPD, UPC, or DHL.

Klimadeluxe GmbH strives for a delivery period of 15 working days for the goods from the Agreement, after receipt of payment, for the Netherlands, Germany and Belgium.

If it has been agreed between the Buyer and Klimadeluxe GmbH to send the goods cash on delivery, Klimadeluxe GmbH will inform the customer of this in writing.

If the delivery of the agreed goods cannot take place as stated on the invoice, Klimadeluxe GmbH reserves the right at all times to charge the costs incurred to the Buyer, unless there is gross negligence or negligence. on the side of Klimaluxe GmbH.

Additional costs involved in the delivery of the goods under the Agreement, expressly incurred at the request of the Buyer, will be charged separately, unless the parties have agreed otherwise in writing.

Klimadeluxe GmbH cannot be held liable for loss of the goods under the Agreement due to the carrier.

Paragraph 10 - Right of withdrawal

The Buyer has the right to cancel the Agreement up to 14 days after receipt without giving any reason. After cancellation, the Buyer has another 14 days to return the delivered goods. The Buyer will then be credited with the full order amount. Only the costs for returning from the Buyer's home to Klimadeluxe GmbH are for the Buyer's expense. If the Buyer makes use of the right of withdrawal, the product will be returned to Klimadeluxe GmbH with all accessories supplied and - if reasonably possible - in its original condition and unopened packaging. To exercise this right, the Buyer must contact Klimadeluxe GmbH at info@greendiscounter.de . Klimadeluxe GmbH must then refund the order amount due within 14 days after the return shipment.

Article 11 - Complaints procedure

1. Klimadeluxe GmbH has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to Klimadeluxe GmbH within 7 days after the consumer has discovered the defects.
3. Complaints submitted to Klimadeluxe GmbH will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Klimadeluxe GmbH will respond within a period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first of all turn to Klimadeluxe GmbH. In the event of complaints that cannot be resolved in mutual consultation, the consumer can turn to Stichting WebwinkelKeur ( webwinkelkeur.nl ), which will mediate free of charge. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the obligations of Klimadeluxe GmbH, unless Klimadeluxe GmbH indicates otherwise in writing.
7. If a complaint is found to be justified by Klimadeluxe GmbH, Klimadeluxe GmbH will, at its option, either replace or repair the delivered products free of charge.