§ 1 Scope, customer information


The following general terms and conditions (GTC) govern the contractual relationship between BERG GaseTech GmbH® (berg-gasetech.de) and the consumers and entrepreneurs who buy goods through our shop. Conflicting or divergent terms and conditions are not recognized by us. The contract language is German.


§ 2  Conclusion of contract

(1) The offers on the Internet are a non-binding invitation to you to buy goods.

(2) You can put one or more products in the shopping cart. In the course of the ordering process, you enter your data and wishes regarding payment method, delivery modalities etc. Only by clicking on the order button do you make a binding offer to conclude a purchase agreement.

(3) The confirmation of receipt, sent without delay by e-mail, shall at the same time also declare acceptance of the offer and conclude the purchase agreement.

§ 3  Customer information: Storage of the contract text

Your order with details of the contract (e.g. type of product, price, etc.) will be stored by us. However, you do not have access to your past orders over the Internet. We will send you the terms and conditions, but you can also access the terms and conditions at any time via our website. If you want to save the product description on our shop page for your own purposes, you can at the time of ordering e.g. make a screenshot (= screenshot) or alternatively print the whole page.

§ 4 Customer information: correction note

You can correct your entries at any time before placing the order with the delete key. We will inform you on the way through the ordering process about further correction options. You can also end the ordering process at any time by closing the browser window.

§ 5  Statutory warranty rights and limitation period

(1) Legal warranty rights
There are statutory warranty rights for our goods.

(2) Restriction of the warranty for defects (warranty) against consumers of second-hand goods
There are two deadlines for your claims for defects, both of which run from the delivery of used goods to you.
We reduce the period of liability for defects from two years to one year.
Defects occurring within this period of liability, however, can be asserted until the expiry of the statutory limitation period of two years.
Excluded from the shortening of the period of liability are claims for damages, claims for defects that we have fraudulently concealed, and claims from a warranty that we may have assumed for the condition of the goods. For these excluded claims, the statutory periods apply. If there is a guarantee period, the longer period will apply to the guarantee holder.

(3) Restriction of the warranty (guarantee) against entrepreneurs
Your warranty claims due to defects in the purchased goods become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation
– for damages
– for maliciously concealed defects
– from any given warranty
– on recourse to §§ 445a, 478 BGB ( German Civil Code)
– due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. In the case of a warranty period, if applicable, the longer period applies in favor of the buyer.

§ 6  Limitation of Liability

We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is the obligation to hand over the goods to you and to grant you ownership of them. Furthermore, we have to procure the matter free of material and legal defects.

§ 7  Consumer Information: Participation in janoFair

We participate in JanoFair. janoFair is an alternative to the state-recognized consumer arbitration boards. If we can not settle disagreements from our contractual relationship by mutual agreement, the free dispute resolution procedure of janoFair is at your disposal. The limitation of any claims is excluded for the duration of this procedure. If no agreement is reached there, the legal process remains open.

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