General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

1. Scope of Application
The following GTC apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs: if the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract
The purchase contract is concluded with Klimaexpress.

By listing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to the shopping cart without obligation and correct your entries before submitting a binding order using the correction options provided during the order process. The contract is concluded when you accept the offer for the items in the shopping cart by clicking the order button. Immediately after placing the order, you will receive a confirmation by email.

3. Contract Language, Storage of Contract Text
The language available for concluding the contract is German.

We store the contract text and send you the order details and our GTC in text form. You can view the contract text in our customer login.

4. Subject of the Contract

4.1 Product Description
The validity of the respective product description as an essential part of the contract is emphasized.

4.2 Product Images
Without prejudice to your statutory warranty rights, please note the following: due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors may occur.

4.3 Right of Use
Any sketches, designs, preliminary products, etc., created by us to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5. Delivery Conditions
We deliver only within Germany. Standard delivery is free of charge.

You generally have the option to pick up the goods at Klimaexpress, Xantener Str. 21, 45479 Mülheim an der Ruhr, Germany during the following business hours: Mon.–Fri. 8:00–17:00, Sat. 8:00–14:00.

We do not deliver to parcel stations.

5.0 Shipping and Installation Conditions for Air Conditioners

5.1 Product Shipping: Shipping of the ordered air conditioner occurs only after receiving written confirmation from the customer that installation will be carried out by a certified company in accordance with legal regulations.

5.2 Written Confirmation (Declaration): The customer is obliged to complete the written confirmation sent by email with the order confirmation and return it to us.

5.3 Certified Company: The contracted company must have the necessary qualifications and certificates to install the air conditioner in accordance with applicable legal regulations, including compliance with the Chemical Climate Protection Regulation (ChemKlimaschutzV) and Regulation (EU) No. 2024/573 on fluorinated greenhouse gases.

5.4 Missing Confirmation: If the required written confirmation is not provided, the shipment of the air conditioner will not take place. Shipping is suspended until the condition is fulfilled.

5.5 Customer Responsibility: The customer is responsible for ensuring that installation is carried out by a certified company and that the corresponding written confirmation is submitted in a timely and correct manner.

5.6 Legal Basis: These conditions are based on the provisions of the Chemical Climate Protection Regulation (ChemKlimaschutzV) and Regulation (EU) No. 2024/573 on fluorinated greenhouse gases, particularly regarding proper installation by qualified professionals.

5.7 Delivery by Freight Forwarder
Appointment: For freight deliveries, the contracted shipping company will contact you to arrange a delivery date.
Delivery Location: Delivery is completed upon transport and unloading at the first public curb of the agreed delivery address. Delivery does not include placement in specific rooms, assembly, or installation of the ordered goods unless expressly agreed otherwise.

6. Payment
The following payment methods are generally available in our shop:

• Advance Payment: You will receive our bank details in a separate email; the goods will be delivered after payment is received.

• PayPal / PayPal Express / PayPal Plus: Payment via PayPal requires registration and confirmation. Transaction is completed immediately upon order.

• Invoice via PayPal: Requires address and credit check; payment is made directly to PayPal.

• Sofort by Klarna: Requires an online banking-enabled account. Payment is executed immediately upon order.

• giropay / paydirekt: Payment executed immediately upon order; requires registration and online banking account.

• Cash on Pickup: Payment is made in cash upon collection.

7. Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. Retention of Title
Goods remain our property until full payment is made.
For entrepreneurs: We retain ownership until all claims from an ongoing business relationship are fully settled. You may resell the reserved goods in the ordinary course of business; all resulting claims are assigned to us in advance up to the invoice amount.

9. Transport Damage
Consumers: Report obvious transport damage immediately to the carrier and contact us promptly. Failure does not affect statutory rights.
Entrepreneurs: Risk of accidental loss or deterioration passes to the customer upon delivery to the carrier. Duty of inspection and notification under § 377 HGB applies.

10. Warranty and Guarantees
Statutory defect liability applies unless otherwise agreed.
Consumer Used Goods: Claims excluded after one year; statutory limitation period of two years applies.
Entrepreneurs: Warranty for new goods: 1 year; used goods sold without warranty. Manufacturer or product descriptions apply.
Climate Devices: Klimaexpress provides 2-year warranty (except SEVRA/AUX: 5-year manufacturer warranty).
Daikin Devices from 01.04.2025: 5-year warranty by Klima Express.
Warranty covers replacement parts or device replacement; repair costs are not covered. Proof: commissioning protocol and installation invoice must be submitted within one year.

11. Code of Conduct
We adhere to the following codes of conduct: Trusted Shops

12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), found here