General terms and conditions of sale

1. Scope

(1) These General Terms and Conditions of Sale (hereinafter: "Sales Terms") shall apply to all sales contracts concluded between BartelsRieger Atemschutztechnik GmbH, Richard-Byrd-Str. 23, 50829 Cologne, Germany, registered with the Commercial Register of the local court of Cologne under HRB 54098 (hereinafter: "BartelsRieger") and its customers (hereinafter: "Buyer").

(2) The Sales Terms apply to all contracts for the delivery of goods with consumers, companies, legal entities governed by public law and special funds governed by public law. A Consumer within the meaning of these Sales Terms is any natural person who enters the sales contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An Entrepreneur within the meaning of these Sales Terms is any natural person or legal entity as well as any business partnership with legal capability that acts in exercise of its commercial or self-employed professional activity at the time of conclusion of the sales contract.

(3) Conflicting, additional or deviating terms and conditions of the Buyer shall not become part of the contract unless BartelsRieger has expressly agreed to their application in writing. For the purposes of these Sales Terms, any declaration made by BartelsRieger by e-mail or fax shall also be deemed to be in writing. These Sales Terms shall also apply if BartelsRieger carries out a delivery to the Buyer without reservation in the knowledge of the Buyer's conflicting or deviating terms and conditions.

2. Conclusion of Contract

(1) Offers and cost estimates of BartelsRieger are subject to changes and non-binding unless they are expressly designated as a binding offer. Descriptions of goods by BartelsRieger do not constitute binding offers.

(2) The Buyer can submit its offer via the online order form integrated in BartelsRieger´s online shop. After placing the selected goods in the virtual shopping basket, going through the electronic ordering process and confirming these Sales Terms and the data protection declaration, the Buyer makes a legally binding contractual offer ("Order") in relation to the goods contained in the shopping basket by clicking the button that concludes the ordering process. The Buyer is bound to the offer for a period of 14 days after submission. The right of revocation remains unaffected hereby.

(3) After sending the Order, the Buyer will receive an e-mail confirming receipt of the Order and listing its details ("Order Acknowledgement"). The Order Acknowledgement does not constitute a confirmation or acceptance of the Order by BartelsRieger but is only intended to inform the Buyer of the receipt of the Order. This shall not apply if the Buyer has chosen the payment method PayPal; in these cases, the contract shall already be concluded with the completion of the payment transaction by PayPal, i.e. the crediting of the purchase price in favor of BartelsRieger.

(4) An Order shall only become binding for BartelsRieger if it has been confirmed by BartelsRieger by written order confirmation or when BartelsRieger has delivered the goods to the Buyer. An order confirmation prepared with the aid of automatic equipment, which lacks signature and name reproduction, shall be deemed to be in writing for these purposes. Silence on the part of BartelsRieger in response to offers, Orders, requests or other declarations by the Buyer shall only be deemed to constitute consent if this has been expressly agreed in writing. Insofar as an order confirmation issued by BartelsRieger to Entrepreneurs contains obvious errors, spelling mistakes or miscalculations, it shall not be binding for BartelsRieger.

(5) If the Buyer is a Consumer, the text of the contract (consisting of the Order, Sales Terms and order confirmation) will be sent to him/her on a permanent data medium (e.g. e-mail or paper printout) at the latest upon delivery of the goods. The text of the contract shall be stored by BartelsRieger in compliance with data protection law.

(6) Order processing and contacting usually take place via e-mail and automated order processing. The Buyer must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by BartelsRieger can be received at this address. In particular, when using SPAM filters, the Buyer must ensure that all e-mails sent by BartelsRieger can be submitted.

(7) The quality of the goods owed shall be conclusively agreed in the Order and order confirmation. Illustrations, drawings, indications of weight and dimensions as well as other descriptions of the goods in BartelsRieger's online shop or in other documents made available to the Buyer by BartelsRieger are only approximate unless they are expressly designated as binding. They do not constitute an agreement or guarantee of a corresponding quality of the goods. In the event that the quality of the goods has been bindingly agreed with the Buyer, changes by BartelsRieger shall remain permissible if and to the extent that they are made on the basis of mandatory legal provisions and are reasonable for the Buyer. BartelsRieger reserves the right to make changes to the design and shape of the goods, provided that the changes are not substantial and are reasonable for the Buyer. In the event of unreasonableness, the Buyer shall be entitled to withdraw from the affected contract.

(8) The contract shall be concluded exclusively in German or English.

3. Delivery; Delivery Periods; Delay

(1) Unless expressly agreed otherwise, delivery to Entrepreneurs shall be made EXW (Incoterms 2020 of the ICC) [Richard-Byrd-Str. 23, 50829 Cologne, Germany]. If the Order is placed via BartelsRieger's online shop or if the Buyer is a Consumer, delivery shall be made by dispatch to the delivery address specified by the Buyer, unless expressly agreed otherwise. In this case, BartelsRieger shall be entitled to determine the method of dispatch itself.

(2) BartelsRieger shall be entitled to make partial deliveries, provided this is reasonable for the Buyer.

(3) The order confirmation of BartelsRieger shall be decisive for the scope of delivery. Changes requested by the Buyer to the scope of delivery as well as to the delivery item itself shall require written confirmation by BartelsRieger in order to be effective.

(4) Any agreements on delivery periods must be made in writing. The delivery periods stated by BartelsRieger in its online shop are non-binding unless they are expressly designated as binding. If no delivery period is specified for the respective goods either in the confirmation or in the online shop, the delivery period is expected to be 3-5 working days. Delivery periods shall in any case only commence upon dispatch of the order confirmation and receipt of the full purchase price by BartelsRieger.

(5) If the Buyer is an Entrepreneur, it is obliged, without prejudice to the provision in clause 7 para. 2 lit. a), to inspect the goods for externally visible damages immediately after delivery and to report any damages to the transport company carrying out the delivery and to have a corresponding written confirmation issued. If the Buyer does not comply with this obligation, it shall be obliged to compensate BartelsRieger for the resulting damages.

(6) In particular, the following delivery restrictions apply:

a) If the goods selected by the Buyer are not in stock at the time of the Order, BartelsRieger shall inform the Buyer of this immediately in the order confirmation. If the goods are permanently not available, BartelsRieger shall refrain from an order confirmation. In this case, no contract is concluded.

b) If the goods selected by the Buyer in the Order are only temporarily not in stock, BartelsRieger shall also inform the Buyer thereof without delay in the order confirmation.

c) BartelsRieger ships its goods exclusively to EU-countries. Other delivery addresses outside the EU will only be supplied with the prior written consent of BartelsRieger.

4. Transfer of Risk; Ownership

(1) The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer as soon as BartelsRieger makes the goods available at the agreed place of delivery or the Buyer is in default of acceptance. If the Buyer is an Entrepreneur and the parties agree on a sale by delivery to a place other than the place of performance, the risk shall pass to the Buyer when BartelsRieger has handed over the goods to the person designated to transport them.

(2) If the Buyer is an Entrepreneur and in default of acceptance, BartelsRieger may claim compensation for the damages resulting thereof as follows: 0.5% of the net price of the delivery per day of delay, but in total not more than 5% of the net price of the delivery. The parties of the contract reserve the right to claim further damages and to prove that the damage incurred were less.

(3) Delivered goods shall also be accepted by the Buyer without prejudice to its claims for defects if they have insignificant defects. The Buyer shall also be obliged to accept the goods if the quantity of the goods deviates by up to 5% or if the goods made available were delivered insignificantly premature.

(4) BartelsRieger retains title (Eigentum) to the goods sold until full payment of all current and future claims against the Buyer arising from the purchase contract and any ongoing business relationship.

5. Prices

(1) The agreed price which results from the order confirmation or, subsequently, from the information in BartelsRieger's online shop, shall apply in EURO.

(2) The prices quoted by BartelsRieger for Orders which are not placed via BartelsRieger´s online shop are to be understood excluding shipping costs and

a) in case of contracts concluded with Consumers as gross fixed prices incl. statutory VAT (Valued Added Tax);

b) in case of contracts concluded with Entrepreneurs as net fixed prices plus statutory VAT.

(3) The delivery and shipping costs are shown separately for Orders via the online shop upon the Buyer´s selection of the shipping method. Otherwise, the delivery and shipping costs are as follows:

a) Deliveries within Germany
- Order value under EUR 500.00: Lump sum EUR 4.95
- Order value over EUR 500.00: Free of charge

b) Deliveries to other EU-countries
- Order value under EUR 500.00: Lump sum EUR 13.95

- Order value over EUR 500.00: Free of charge

Any delivery and shipping costs incurred are to be borne by the Buyer, insofar as the Buyer is not a Consumer and does not make use of his right of revocation.

6. Terms of Payment

(1) Unless otherwise agreed in writing, payment is due within 14 days of receipt of the invoice. The Buyer may make payment by prepayment/bank transfer, direct debit, credit card or by selecting a payment method offered by PayPal.

(2) If the agreed payment deadline is exceeded, BartelsRieger shall be entitled to demand the statutory default interest (Sec. 247 of the German Civil Code (BGB)). BartelsRieger reserves the right to claim further damages.

(3) Counterclaims of the Buyer shall only entitle it to set-off or to assert a right of retention if they have been legally established (rechtskräftig festgestellt) or are undisputed. The Buyer may only assert a right of retention if its counterclaim is based on the same contractual relationship.

7. Warranty

(1) Insofar as the Buyer is a Consumer, the Buyer´s warranty rights in respect of defects are subject to the statutory provisions.

(2) Insofar as the Buyer is an Entrepreneur, the following shall apply in respect of the Buyer´s warranty rights for defects:

a) The Buyer's warranty rights in respect of defects shall be subject to the fact that the Buyer has complied with its statutory obligations of inspection and notification of defects (Sec. 377, 381 of the German Commercial Code (HGB)), in particular that it has inspected the delivered goods without undue delay upon receipt and has given written notice without undue delay of obvious defects and defects which were identifiable during such inspection. The Buyer shall notify BartelsRieger of hidden defects immediately after their discovery in writing. The notification shall be deemed to be without undue delay within the meaning of sentence 1 if it is made within 2 banking days (Frankfurt am Main, Germany), whereby the receipt of the notification by BartelsRieger shall be decisive for meeting the deadline.

b) If a notification of defects is unjustified, BartelsRieger shall be entitled to claim compensation from the Buyer for the expenses it has incurred thereof, unless the Buyer proves that it is not at fault with regard to the unjustified notification of defects.

c) In the event of defects in the goods, BartelsRieger shall be entitled, at its own discretion, to subsequent performance by remedying the defect or by delivering goods free of defects.

d) If the goods are not at the place of delivery, the Buyer shall bear all additional costs incurred by BartelsRieger in remedying defects caused thereby, unless the transfer to another place is in accordance with the contractual use.

e) In particular, there shall be no rights in respect of defects
- due to natural wear and tear;
- that arise after the transfer of risk as a result of improper handling, improper storage or maintenance or excessive use;
- that arise due to force majeure, special external influences that are not assumed under the contract, or due to the use of the goods outside their normal use.

f) The warranty period is 12 months.

8. Liability

(1) BartelsRieger shall be liable for itself, its legal representatives and its vicarious agents (§ 278 BGB) only for gross negligence and intent.

(2) The limitation of liability pursuant to the preceding para. 1 of this clause 8 shall not apply in the event of
- a guarantee,
- the violation of provisions of the Product Liability Act (Produkthaftungsgesetz),
- injury to life, body or health, and
- breach of cardinal obligations. Cardinal obligations are such obligations the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.

9. Force Majeure; Reservation of Self-Delivery

(1) In cases of Force Majeure, BartelsRieger shall be released from its obligations for the duration and to the extent of the disruption. Force majeure shall be any event beyond BartelsRieger's control by which it is wholly or partially prevented from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, occurring pandemics or epidemics as well as operational disruptions or official decrees for which it is not responsible. Supply difficulties and other disruptions of performance on the part of BartelsRieger's suppliers shall only be deemed to be Force Majeure if the supplier, for its part, is prevented from fulfilling the performance incumbent upon it by an event pursuant to the preceding sentence.

(2) If BartelsRieger - despite the prior conclusion of a corresponding purchase contract in compliance with due commercial diligence - does not receive a primary material required for the manufacture of the delivery item through no fault of its own and for this reason is not able to supply the Buyer with the goods in accordance with the Order, BartelsRieger shall be released from its obligation to perform for the duration and to the extent of the unavailability of the primary material plus a reasonable start-up period after the primary material becomes available again. In this case, BartelsRieger shall immediately inform the Buyer in writing about the unavailability of the primary material in due time. Upon receipt of the written information, the Buyer shall be entitled to withdraw from the affected Order in writing.

10. Withdrawal

(1) In the event of a breach of contract by the Buyer, in particular

 
- default in payment,
- a breach of specified maximum order quantities per Buyer,
- attempting to circumvent limitations by using multiple user profiles, or
- unauthorised use of vouchers 

BartelsRieger shall be entitled, without prejudice to other contractual and statutory rights, to withdraw from the contract after expiry of a reasonable grace period or an unsuccessful warning. The declaration of withdrawal may also be made impliedly by reimbursement of the purchase price.

(2) After declaration of withdrawal, the Buyer shall immediately grant BartelsRieger access to the goods under retention of title and return them. After giving due notice, BartelsRieger may otherwise realize the goods under retention of title in order to satisfy the claims due against the Buyer. The proceeds of the realization - minus reasonable realization costs - shall be credited against the Buyer's liabilities.

(3) Statutory rights and claims shall not be restricted by the provisions above.

11. Nondisclosure

(1) The Buyer is obliged to keep secret all information which becomes accessible to it via BartelsRieger and which is designated as confidential or which is, according to the circumstances, identifiable as business or trade secrets and not to record, pass on or exploit it.

(2) The Buyer is prohibited from observing, examining, dismantling or testing the goods in order to obtain a trade secret of BartelsRieger.

12. Revocation Policy

(1) When concluding a distance selling transaction (Fernabsatzgeschäft) or contracts away from business premises (Haustürgeschäft), Consumers generally have a statutory right of revocation, which BartelsRieger informs about below in accordance with the statutory model. The exceptions to the right of revocation are regulated in para. 2. Para. 3 contains a model revocation form.

Revocation Policy and Right of Revocation

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us (BartelsRieger Atemschutztechnik GmbH, Richard-Byrd-Str. 23, 50829 Cologne, Tel. +49 (0)221 59 77 7-0, Fax: +49 (0)221 59 77 7-159, E-Mail: mail@BartelsRieger.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model revocation form for this purpose, which is, however, not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of Revocation

If you revoke this contract, we must repay you all payments that we have received from you, including the delivery costs (apart from the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We are entitled to refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Special notes:

The Consumer may not revoke his declaration of intention in case of contracts for the supply of

a) goods that are not prefabricated and for the production of which an individual selection or determination by the Consumer is decisive or which are clearly tailored to the personal needs of the customer (Sec. 312g para. 2 no. 1 of the German Civil Code (BGB));
b) sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Sec. 312g para. 2 no. 3 of the German Civil Code (BGB)), e.g. eye wash bottle, respirator mask.

(2) The right of revocation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(3) The provider informs about the model revocation form according to the legal regulation as follows:

Sample revocation form 

(If you wish to revoke the contract, please complete and return this form).

"To BartelsRieger Atemschutztechnik GmbH, Richard-Byrd-Str. 23, 50829 Köln, Fax: +49 (0)221 59 77 7-159, e-mail: mail@BartelsRieger.de:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)
- Name of the Consumer(s)
- Address of the Consumer(s)
- Signature of the Consumer(s) (only in the case of notification on paper)
- Date"
(*) Delete where inapplicable

(4) The regulations above on the right of revocation only apply to Consumers. They are not to be understood to the effect that Entrepreneurs are also granted such a right by BartelsRieger.

13. Miscallenous

(1) The transfer of rights and obligations of the Buyer to third parties is only possible with the prior written consent of BartelsRieger.

(2) BartelsRieger's data protection information is available at https://bartels-rieger.de/datenschutz.

14. Applicable Law; Place of Jurisdiction

(1) The legal relationship between BartelsRieger and the Buyer shall be governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Buyer is an Entrepreneur, the exclusive place of jurisdiction for all claims arising from the business relationship between BartelsRieger and the Buyer shall be the registered office of BartelsRieger. BartelsRieger shall also be entitled to bring an action at the Buyer's place of business as well as at any other admissible place of jurisdiction.

(3) The EU Commission has created an internet platform for the online settlement of consumer disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. BartelsRieger is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

15. Final Provisions

(1) Amendments and supplements to these Sales Terms - including this clause - must be made in text form.

(2) If any provision of these Sales Terms, including any provision incorporated in the future, is or becomes wholly or partly invalid or factually/actually unenforceable, or subsequently loses its validity or enforceability, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, that provision shall be agreed which - taking into account what is objectively reasonable - comes closest to the meaning and purpose of the invalid or unenforceable provision. The same shall apply in the event of gaps in these Sales Terms.

January 2023