{"id":1934,"date":"2025-04-09T11:28:12","date_gmt":"2025-04-09T09:28:12","guid":{"rendered":"https:\/\/www.ofenfeinstaubfilter.de\/?page_id=1934"},"modified":"2025-12-17T16:26:16","modified_gmt":"2025-12-17T15:26:16","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.ofenfeinstaubfilter.de\/en\/terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"<div class=\"wpb-content-wrapper\" id=\"wpb-content-root\"><p>[vc_row el_class=&#8221;container&#8221;][vc_column][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>As of 01.11.2025<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>1. Subject matter of the contract, contracting parties, amendments<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]1.1 These General Terms and Conditions apply to all orders placed by the customer via the online shop <a href=\"https:\/\/www.deepl.com\/\">www.ofenfeinstaubfilter.de<\/a>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]1.2 The customer&#8217;s contractual partner is:<\/p>\n<p>BERTRAMS GmbH &amp; Co KG<\/p>\n<p>Stelzhamergasse 4\/7<\/p>\n<p>1030 Vienna<\/p>\n<p>(hereinafter also referred to as \u2018BERTRAMS\u2019 or \u2018we\u2019).[\/vc_column_text][vc_column_text css=&#8221;&#8221;]1.3 With every purchase in our online shop and when registering for a user account, the customer enters into a legally binding contract with us based on these terms and conditions.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]1.4 We reserve the right to amend these terms and conditions from time to time in order to take into account the wishes of our customers or changes to our product range. The date of the respective version can be found at the top of the document. We will inform the customer of any changes by sending the amended terms and conditions to the last email address provided to us. This notification will be sent at least six weeks before the change comes into effect. The amended terms and conditions are deemed to have been agreed if the customer does not cancel their user account before the date on which they come into effect. We will specifically inform the customer of the significance of their actions at the beginning of the specified period. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>2. User accounts<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]2.1 Goods can be purchased in the online shop without registering for a user account. For greater convenience, you can create a user account. This means you do not have to re-enter your details for each individual purchase.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]2.2 The customer is obliged to provide all information requested during registration correctly and completely. It is not permitted to provide a PO box as an address. We are entitled, but not obliged, to request proof. The user account must be updated immediately via the account management system whenever the customer&#8217;s details change. The customer is liable to us for any disadvantages arising from incorrect information. In this case, we are also entitled to block or terminate the user account without notice. [vc_column_text css=&#8221;&#8221;]2.3 We reserve the right to refuse registration without giving reasons. To prevent misuse, we will send the customer a confirmation email with an activation link to the email address provided. The user account will only be set up after clicking on this link.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]2.4 Multiple registrations are not permitted. The transfer of the user account to another person is not permitted.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]2.5 The customer must keep their login details (user name and password) secret and protect them from access by unauthorised third parties. If there is any suspicion that unauthorised third parties have gained knowledge of the login details, the customer must notify us immediately and change their password. In this case, we are entitled to temporarily block the user account in order to prevent misuse.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>3. Offers, orders, conclusion of contract<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]3.1 All offers in our online shop are subject exclusively to these General Terms and Conditions in the version valid at the time of ordering. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing. All offers in our online shop are subject to change and are only valid while stocks last.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]3.2 Our webshop guides the customer through the individual order steps until the purchase is completed. The customer selects the desired product and places it in the shopping basket without obligation (button \u2018Add to basket\u2019). The contents of the shopping basket can be viewed at any time by clicking on the shopping basket button (shopping trolley symbol at the top of the page). Individual or all products can be removed from the shopping basket by clicking on the \u2018x\u2019 to the left of the respective product on the shopping basket page. The customer then enters the billing address and, if necessary, provides us with a different delivery address. If the customer makes the purchase without a user account, they must at least provide a valid email address for which they have access.<\/p>\n<p>After entering the data and selecting the payment type and delivery method, the customer is shown an order summary where they can check their entries again. All entries can be corrected by clicking the back button. The order process can also be cancelled by closing the browser. [vc_column_text css=&#8221;&#8221;]3.3 By clicking on the \u2018Place order\u2019 button, the customer makes a binding offer to conclude a purchase contract for the products listed in the shopping basket.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]3.4 We confirm receipt of the offer by sending an automatically generated email to the address provided by the customer (\u2018order confirmation\u2019). This email does not yet constitute acceptance of the offer.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]3.5 We can accept the offer by confirming the purchase in a further email (\u2018order confirmation\u2019) or by sending the purchased product to the customer.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>4. Delivery conditions and delivery times<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]4.1 Our offers are open to all customers residing in a member state of the European Union. We currently offer delivery of goods to addresses in the countries listed on the \u2018Shipping costs and delivery conditions\u2019 subpage. Customers from other countries can collect the goods from us or organise transport themselves.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]4.2 The delivery times listed in the webshop on the \u2018Shipping costs and delivery conditions\u2019 subpage apply. These are the estimated delivery times. If there are different delivery times for a particular product, these are listed directly on the product page.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]4.3 We are entitled to deliver the order in partial deliveries even without the customer&#8217;s request. In this case, we shall bear all additional shipping costs incurred as a result.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]4.4 If we are prevented from meeting the delivery times due to force majeure (e.g. strikes, natural disasters) or other circumstances beyond our control, we will inform the customer as soon as possible. The delivery time shall be extended by the duration of these events.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]4.5 The customer is requested to check the goods for damage immediately upon receipt and to send any complaints to the email address <a href=\"mailto:info@ofenfeinstaubfilter.de\">info@ofenfeinstaubfilter.de<\/a> as soon as possible, including a description and photos of the fault or damage that are as accurate as possible.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>5. Prices, shipping costs, terms of payment<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]5.1 The prices shown in the order summary apply. These prices include VAT, shipping, packaging and transport insurance. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]5.2 The customer can choose from all payment methods displayed in the online shop.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]5.3 The customer agrees to receive electronic invoices in PDF format. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]5.4 Unless otherwise agreed in writing, payment must be made within 10 days of the invoice date without deduction. If the payment deadline is exceeded, we are entitled to charge interest on arrears at the statutory rate (currently 4% p.a.).[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>6. Retention of title<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]6.1 All delivered goods remain our property until the purchase price has been paid in full (reserved goods). [\/vc_column_text][vc_column_text css=&#8221;&#8221;]6.2 The customer is only entitled and authorised to resell the goods subject to retention of title on condition that the claim from the resale is already deemed to have been assigned to us. The customer is not entitled to dispose of such claims by assignment.[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]6.3 In the event of seizure of the goods subject to our retention of title or any other claim by third parties, the customer must assert our right of ownership and inform us immediately. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]6.4 If the retention of title is not recognised or is invalid under the laws of the country to which our goods are sold within the scope of the extended retention of title, the best possible security for our rights permitted under the laws of that country shall be deemed to have been agreed. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>7. Right of withdrawal or revocation (hereinafter referred to uniformly as \u2018right of revocation\u2019)<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]You have the right to withdraw from your contractual declaration or an already concluded contract within fourteen days without giving reasons.<\/p>\n<p>The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you or a third party designated by you, who is not the carrier, takes possession of the last goods.<\/p>\n<p>If we have not fulfilled our obligation to inform you of the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period is extended by twelve months. If we provide the information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period ends 14 days after the date on which you receive this information.<\/p>\n<p>To exercise your right of withdrawal, you must inform us<\/p>\n<p><strong>BERTRAMS GmbH &amp; Co KG<\/strong><\/p>\n<p>Stelzhamergasse 4\/7<\/p>\n<p>1030 Vienna<\/p>\n<p>Austria<\/p>\n<p>Email: <a href=\"mailto:info@ofenfeinstaubfilter.de\">info@ofenfeinstaubfilter.de<\/a><\/p>\n<p>by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form sent to you, but this is not mandatory. To comply with the withdrawal period, it is sufficient to send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h3>Consequences of withdrawal<\/h3>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]If you withdraw from your contract declaration or a contract that has already been concluded, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.<\/p>\n<p>We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.<\/p>\n<p>If we have offered to collect the goods, we will arrange for the refund immediately.<\/p>\n<p>You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract.<\/p>\n<p>BERTRAMS GmbH &amp; Co KG<\/p>\n<p>Stelzhamergasse 4\/7<\/p>\n<p>1030 Vienna<\/p>\n<p>Austria<\/p>\n<p>. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. The costs are estimated at the appropriate amount indicated on the \u2018Shipping costs and delivery conditions\u2019 page.<\/p>\n<p>Please return the goods in their original packaging if possible, or pack them in such a way that damage during transport can be ruled out as far as possible.<\/p>\n<p>You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>8. Warranty and limitation of liability<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]8.1 The warranty is governed by the statutory provisions.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]8.2 We are only liable for damage caused to the customer by us or our vicarious agents through wilful intent or gross negligence. This does not apply to liability for personal injury, a contractually assumed guarantee and claims under the Product Liability Act.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]8.3 To the extent legally possible, we are not liable for mere financial losses, consequential damages, lost profits and other indirect or consequential damages, as well as for damages arising from third-party claims. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]8.4 The customer is requested to familiarise themselves with all product-specific instructions for use, maintenance and cleaning, which we provide with the delivery, including in the installation instructions. We shall not be liable for any disadvantages or damage resulting from failure to observe these instructions, unless this is due to faulty instructions. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>9. Offsetting of claims<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]9.1 The customer may only offset claims against BERTRAMS GmbH &amp; Co KG with their own claims that are legally related to their liability, have been established by a court of law or recognised by us, or in the event of our insolvency.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>10. Term, termination and blocking of the user account<\/h2>\n<p>[\/vc_column_text][vc_column_text css=&#8221;&#8221;]10.1 The contract for the user account is concluded for an indefinite period.<\/p>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]10.2 The customer may terminate this contract at any time by deleting the account in writing by email and\/or in the \u2018Account\u2019 area.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]10.3 We are entitled to terminate the contract for the user account with one month&#8217;s notice to the end of the month. Termination shall be effected by sending an email to the email address provided by the customer.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]10.4 This shall not affect our right to terminate this contract at any time without notice for good cause. Instead of extraordinary termination, we are also entitled to issue a warning to the customer and\/or temporarily block the account. At the same time as the block, we will request the customer to remedy the breach within a reasonable period of time.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>11. Final provisions<\/h2>\n<p>[\/vc_column_text] [vc_column_text css=&#8221;&#8221;]11.1 The place of performance is the registered office of BERTRAMS GmbH &amp; Co KG.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]11.2 Every contract concluded in our online shop is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the referral provisions of international private law. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]11.3 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. The German version is the only authoritative version.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]11.4 The contract text is not stored. We recommend that the customer archive our order confirmation and the General Terms and Conditions attached as an attachment.[\/vc_column_text][vc_column_text css=&#8221;&#8221;]11.5 The arbitration bodies responsible for consumer disputes arising from transactions conducted via our web shop platform are:<\/p>\n<p>Internet Ombudsman<\/p>\n<p><strong>c\/o Austrian Institute for Applied Telecommunications (\u00d6IAT)<\/strong><\/p>\n<p>Ungargasse 64-66\/3\/404<\/p>\n<p>1030 Vienna<\/p>\n<p>Telephone: +43 1 595 211 275<\/p>\n<p>Fax: +43 1 595 21 12 99<\/p>\n<p>Email: <a href=\"mailto:kontakt@ombudsstelle.at\">kontakt@ombudsstelle.at<\/a><\/p>\n<p><strong>Association for Consumer Arbitration<\/strong><\/p>\n<p>Mariahilfer Stra\u00dfe 103\/1\/18, 1060 Vienna<\/p>\n<p>Tel.: +43 (0)1 890 63 11<\/p>\n<p>Fax: +43 (0)1 890 63 11 99<\/p>\n<p>Email: <a href=\"mailto:office@verbraucherschlichtung.at\">office@verbraucherschlichtung.at<\/a><\/p>\n<p>We decide on a case-by-case basis whether to participate in dispute resolution proceedings. [\/vc_column_text][vc_column_text css=&#8221;&#8221;]11.6 The court with jurisdiction at the registered office of BERTRAMS GmbH &amp; Co KG shall have exclusive jurisdiction over all disputes arising from this agreement, including the question of its effective conclusion and termination. If the customer is a consumer within the meaning of the KSchG (Consumer Protection Act) and has his place of residence or habitual abode in Germany or is employed in Germany, the customer may, by way of derogation, only be sued before those courts in whose jurisdiction his place of residence, habitual abode or place of employment is located. [\/vc_row][vc_row disable_element=&#8221;yes&#8221;][vc_column][vc_column_text]<a href=\"https:\/\/ofen-feinstaubfilter.srv10.ap-server.de\/\"><b>OVEN FINE DUST FILTER<\/b> by BERTRAMS + BLUE FIRE + CULIMETA<\/a><\/p>\n<ul>\n<li><\/li>\n<li>Product<\/li>\n<li><\/li>\n<li>Installation<\/li>\n<li><\/li>\n<li>Care<\/li>\n<li><\/li>\n<li>FAQ<\/li>\n<li><\/li>\n<li>Contact<\/li>\n<\/ul>\n<p><strong>1. Binding nature of the General Terms and Conditions<\/strong><\/p>\n<p>1.1 These General Terms and Conditions (GTC) apply to all current and future deliveries and services provided by Bertrams GmbH &amp; Co KG (FN 5653 p \u2013 hereinafter referred to as Bertrams) to its business customers (also referred to as purchasers or buyers). Separate terms and conditions are agreed in individual cases for contracts concluded with consumers.<\/p>\n<p>1.2 Deliveries and services provided by Bertrams are based exclusively on the following GTC, which are deemed to be accepted and binding for both parties upon placement of an order. Any conflicting, deviating or supplementary terms and conditions of the buyer shall not be binding for us; failure on the part of Bertrams to object to such terms and conditions shall in no way constitute acceptance of such terms and conditions.<\/p>\n<p>1.3 The current version of our General Terms and Conditions at the time of conclusion of the contract, which is available on the website <a href=\"http:\/\/www.bertrams.co.at\/\">www.bertrams.co.at<\/a> and has also been sent to the customer, shall apply. We expressly reserve the right to make future adjustments and changes to our General Terms and Conditions, which will be announced in an appropriate manner.<\/p>\n<p><b>2. Offers and order placement<\/b><\/p>\n<p>2.1 Our offers are always subject to change. Any deviating agreements, in particular verbal side agreements and assurances made by employees or representatives, require the express written confirmation of Bertrams to be valid.<\/p>\n<p>2.2 The order is placed by accepting our non-binding offer. By accepting the offer, the customer makes a binding offer to conclude a contract with Bertrams on the basis of our offer and these General Terms and Conditions. The customer&#8217;s acceptance is only legally effective if it has been received by us in writing (if applicable, within the period specified in our offer). The customer&#8217;s acceptance by email is sufficient.<\/p>\n<p>2.3 Bertrams shall accept the customer&#8217;s order by means of written confirmation (by email is sufficient) or by actual execution (order confirmation). The contract between the customer and Bertrams is concluded upon order confirmation. The buyer is obliged to accept the goods ordered and to pay the agreed purchase price.<\/p>\n<p>2.4 Design drawings, illustrations, technical data, weight, dimensions and other descriptions are only approximate unless they are expressly designated as binding in Bertrams&#8217; order confirmation. They are subject to Bertrams&#8217; property rights and copyright and may not be made accessible to third parties (see also section 10.1).<\/p>\n<p><b>3. Prices, terms of payment and delivery<\/b><\/p>\n<p>3.1 The prices stated in our sales documents are non-binding, non-cartelised recommended prices. The prices for orders apply only to the respective offer and are non-binding for repeat orders. Our prices are subject to change ex works or ex warehouse Bertrams and are quoted and invoiced in EURO plus statutory value added tax. For sales in other currencies, we are entitled to charge the buyer for any exchange rate losses that arise between the order confirmation and receipt of payment.<\/p>\n<p>3.2 Unless otherwise agreed in writing, payment must be made within 10 days of the invoice date without deduction. Electronic invoicing is sufficient. If the payment deadline is exceeded, we are entitled to charge default interest in accordance with the German Commercial Code. In addition, any discounts granted shall lapse and we shall be entitled to suspend our services for the duration of the delay in payment. We reserve the right to claim further damages for delay.<\/p>\n<p>3.3 Delivery shall be ex works or from Bertrams&#8217; respective warehouse. Shipping is always at the buyer&#8217;s risk (see point 5.). Even if carriage paid delivery has been agreed in individual cases, the risk shall pass to the buyer as soon as the goods have been handed over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. We reserve the right to choose the shipping method.<\/p>\n<p>3.4 Domestic delivery is made by parcel service, rail or freight forwarder. For orders with a net invoice amount of up to EUR 500 after taking individual discounts into account, the carrier&#8217;s shipping costs and a flat-rate handling fee of EUR 15 incl. VAT per order will be charged. For orders with a net invoice amount exceeding EUR 500 after individual discounts have been taken into account, delivery is free of charge and no handling fee is charged.<\/p>\n<p>3.5 For deliveries abroad, individual calculation of the delivery conditions is necessary in each case. In any case, the buyer shall bear all additional costs associated with the delivery abroad.<\/p>\n<p>3.6 Deliveries to unknown companies\/new customers will only be made against advance payment. The decision on this is at Bertrams&#8217; sole discretion.<\/p>\n<p>3.7 The purchaser is not entitled to withhold payments due to incomplete total delivery, warranty claims or other complaints. The buyer is also not entitled to offset their own claims (unless legally established by a court of law or expressly recognised by Bertrams in writing) against claims by Bertrams or to assign claims and rights arising from our contractual relationship without the written consent of Bertrams.<\/p>\n<p><b>4. Delivery periods and dates<\/b><\/p>\n<p>4.1 Delivery periods and dates are only approximate unless we have expressly designated them as binding in writing. The delivery period begins on the date of order confirmation (see section 2.3), but not before all technical and commercial details have been clarified and any necessary approvals have been submitted.<\/p>\n<p>4.2 Any delays caused by or attributable to the buyer or changes in the design of the delivery item requested within the delivery period shall interrupt and extend the delivery period accordingly.<\/p>\n<p>4.3 Partial deliveries are permissible and may be invoiced separately.<\/p>\n<p>4.4 Force majeure (see Section 8.4) and other impediments to production or delivery beyond our control and that of our suppliers shall extend the delivery period and postpone the delivery date without the purchaser being able to derive any legal claims from this.<\/p>\n<p>4.5 If we are in default, the buyer must set a reasonable grace period of at least four weeks in writing. If we fail to dispatch the delivery item within this grace period, the buyer shall be entitled to withdraw from the contract after expiry of the grace period for those parts that had not been dispatched by the end of the grace period. Only if the partial services already rendered are demonstrably and objectively unusable for the buyer shall the buyer be entitled to withdraw from the entire contract.<\/p>\n<p>4.6 A contractual penalty or compensation agreed in the event of the delivery period or delivery date specified in the order confirmation being exceeded can only be claimed by the customer if we are responsible for the delay in delivery. The buyer is responsible for providing evidence of this. The contractual penalty\/damages may not exceed 5% of the value of the delayed delivery or partial delivery or the agreed remuneration for work. Any further claims are expressly excluded.<\/p>\n<p><b>5. Shipping and transfer of risk<\/b><\/p>\n<p>5.1 Unless otherwise agreed in writing, the goods shall be delivered in standard commercial packaging. Special packaging regulations and requirements must be communicated to us in writing at the latest when the order is placed.<\/p>\n<p>5.2 The delivery item shall be shipped at the risk and expense of the buyer. Upon handover of the goods to a forwarding agent or carrier, but no later than upon leaving our warehouse or delivery plant, the risk shall pass to the buyer, even in the case of delivery free to destination.<\/p>\n<p>5.3 At the buyer&#8217;s request, we shall insure the shipment at the buyer&#8217;s expense against theft, breakage, transport, fire and water damage, as well as other insurable risks. Any such request must be made in writing when placing the order.<\/p>\n<p>5.4 In the case of international transactions, the buyer is responsible for complying with the regulations applicable in the country of destination regarding the export and import and use of the products sold, unless otherwise agreed in writing. The buyer shall indemnify and hold Bertrams harmless in this regard.<\/p>\n<p><b>6. Retention of title<\/b><\/p>\n<p>6.1 The delivery item remains our property (reserved goods) until all obligations of the customer have been fulfilled in full. In the event of even partial default in payment, we are entitled to collect the goods even without the buyer&#8217;s consent.<\/p>\n<p>6.2 The customer is only entitled and authorised to resell the goods subject to retention of title on condition that the claim from the resale is already deemed to have been assigned to us. The customer is not entitled to dispose of such claims by assignment.<\/p>\n<p>6.3 In the event of seizure of the goods subject to our retention of title or other claims by third parties, the customer must assert our right of ownership and inform us immediately.<\/p>\n<p>6.4 If the retention of title is not recognised or is invalid under the laws of the country to which our goods are sold within the scope of the extended retention of title, the best possible security for our rights permitted under the laws of that country shall be deemed to have been agreed. The customer is obliged to take all measures necessary and expedient to ensure the best possible protection of Bertrams&#8217; rights.<\/p>\n<p>6.5 The customer shall bear the costs necessary in connection with the retention of title and its enforcement and appropriate for the pursuit of legal remedies.<\/p>\n<p><b>7. Complaints and warranty<\/b><\/p>\n<p>7.1 The buyer must inspect the delivery item immediately upon receipt and with the reasonable and expert care expected under the circumstances. Any defects that are apparent must be reported to us immediately, but no later than within 3 days (preclusive period) and the defective parts must be sent carriage paid upon request. Defects that were not apparent after delivery despite proper inspection must be reported immediately after discovery.<\/p>\n<p>7.2 The buyer is also obliged to note any damage to the packaging and any deviations from the information in the consignment note or other delivery note and to notify Bertrams in advance by e-mail, including supporting photos \u2013 otherwise, a refund or replacement by the transport company or Bertrams will no longer be possible. The buyer acknowledges that an \u2018reservation of inspection\u2019 by insurance companies will not be accepted.<\/p>\n<p>7.3 If the notice of defects is not raised properly or in good time, the goods shall be deemed to have been approved and the purchaser&#8217;s warranty and damage claims as well as avoidance of the contract due to error shall be excluded. Information about defective goods and complaints collected over several deliveries without a respective notice of defect shall in any case be deemed late.<\/p>\n<p>7.4 We shall only be liable for properly reported defects in the delivered work or the purchased item in such a way that we repair all defective parts free of charge ex works or, at our discretion, deliver new parts. We shall be entitled to replace or repair the defect as long and as often as necessary until the defect has been completely remedied.<\/p>\n<p>7.5 We shall be liable for material defects to the extent that we should have recognised the defect when exercising professional care. Bertrams&#8217; liability shall in any case be limited to the extent that the upstream supplier is responsible for the material defect.<\/p>\n<p>7.6 In the case of resales, we shall only be liable within the scope of the liability of the upstream suppliers.<\/p>\n<p>7.7 Defects in part of the delivered goods do not entitle the customer to reject the entire delivery, unless the partial delivery is demonstrably and objectively unusable for the customer.<\/p>\n<p>7.8 Liability within the meaning of the above conditions shall only apply to the purchaser (first acquirer). If the delivered work or the sold item is resold by the purchaser, all warranty and damage claims against Bertrams shall expire.<\/p>\n<p>7.9 If a delivery is made by us on the basis of information, drawings or models provided by the customer, the customer shall bear full responsibility for all damages and legal disadvantages that may arise for us from the production of the work. In this regard, Bertrams has no obligation to investigate or warn, and the customer shall hold Bertrams completely harmless and indemnify it. This applies in particular with regard to patent law. In such cases, our liability shall only extend to ensuring that the work has been carried out in accordance with the customer&#8217;s specifications.<\/p>\n<p>7.10 In all cases, our warranty obligation shall be limited to the right to remedy the defect for which we are responsible in accordance with these General Terms and Conditions. Any further warranty and damage claims of the customer of any kind whatsoever, in particular claims for compensation for damage to the work or the sold item or damage that did not occur to the delivery item itself, are excluded (see also point 8.).<\/p>\n<p>7.11 Warranty claims shall expire in all cases 6 months after delivery. The buyer shall always be responsible for providing evidence; any presumption of defectiveness is excluded. In the event of rectification of defects, the stipulated warranty obligation shall not be extended.<\/p>\n<p><strong>8. Limitation of liability and statute of limitations<\/strong><\/p>\n<p>8.1 Our liability is governed exclusively by these General Terms and Conditions and is in any case limited to Bertram&#8217;s gross negligence and intent, with the exception of personal injury. This also applies in particular to claims for damages arising from impossibility, delay, breach of ancillary contractual obligations, culpa in contrahendo, tort \u2013 even if such claims are related to the purchaser&#8217;s warranty rights.<\/p>\n<p>8.2 We shall not be liable for damage resulting from wear and tear due to use, inadequate maintenance, incorrect use or circumstances outside normal operating conditions.<\/p>\n<p>8.3 Bertrams&#8217; liability is in any case completely excluded for non-private property damage in accordance with product liability regulations, for mere financial losses, consequential damage, loss of profit and other indirect or consequential damage, as well as for damage resulting from third-party claims.<\/p>\n<p>8.4 Insofar and as long as Bertrams is unable to fulfil its obligations in a timely or proper manner due to force majeure (e.g. pandemic, war, terrorism, natural disaster, strike, sanctions and embargoes, other sovereign interventions and official measures and restrictions) or due to other unavailability of energy or resources, this shall not constitute a breach of contract entitling the customer to claims for compensation.<\/p>\n<p>8.5 All claims against us, regardless of their legal basis, shall become time-barred at the latest 12 months after knowledge of the damage, unless shorter limitation periods are provided for by law or in these GTC.<\/p>\n<p>8.6 Bertrams&#8217; liability is limited to the maximum liability amount of any liability insurance policy taken out by us.<\/p>\n<p>8.7 Insofar as our liability is limited or excluded in these General Terms and Conditions, this shall apply equally to vicarious agents and affiliated companies of Bertrams.<\/p>\n<p>8.8 The customer shall indemnify Bertrams against all claims asserted by third parties due to culpable breach of statutory or contractual obligations on the part of the customer. In the event of a claim against Bertrams by third parties, the customer shall be obliged to immediately provide, at its own expense, all information and take all measures necessary for the examination, defence and defence against third-party claims.<\/p>\n<p><b>9. Place of performance, place of jurisdiction and applicable law<\/b><\/p>\n<p>9.1 The place of performance for delivery and payment shall be Bertrams&#8217; registered office in Vienna.<\/p>\n<p>9.2 The place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between us and the customer shall be the court with jurisdiction at Bertrams&#8217; registered office. However, we are also entitled to sue the customer either at their ordinary place of jurisdiction or at the location of their other assets.<\/p>\n<p>9.3 It is agreed that Austrian law shall apply exclusively to all legal issues arising from the contractual relationship, with the exception of its conflict of law and referral rules and the UN Convention on Contracts for the International Sale of Goods.<\/p>\n<p><strong>10. Intellectual property rights, data protection<\/strong><\/p>\n<p>10.1 The customer is not entitled to use Bertrams&#8217; trademarks, logos or other industrial property rights and trademark rights. Unless otherwise provided for in these General Terms and Conditions or in the order, all rights of use and exploitation are exclusively held by Bertrams or its licensors, and no licence of any kind is granted with regard to our intellectual property rights and services.<\/p>\n<p>10.2 Within the framework of the business relationship, customers also provide us with personal data that is necessary for the preparation of quotations and the processing of our deliveries and services. In our privacy policy (Appendix A \u2013 available on the website <a href=\"http:\/\/www.bertrams.co.at\/\">www.bertrams.co.at<\/a>), we provide information about the use and protection of personal data, as well as the necessary purposes and legal basis for this. The privacy policy is not part of these General Terms and Conditions, but serves only for information purposes in accordance with the EU General Data Protection Regulation.<\/p>\n<p><b>STOVE FINE DUST FILTER<\/b> by BERTRAMS + BLUE FIRE + CULIMETA<\/p>\n<p><strong>BERTRAMS GmbH &amp; Co KG<\/strong><\/p>\n<p>Stelzhamergasse 4\/7<\/p>\n<p>1030 Vienna, Austria<\/p>\n<p>T. +43 1333 2221<\/p>\n<p><a href=\"mailto:office@bertrams.co.at\">office@bertrams.co.at<\/a><\/p>\n<p><a href=\"https:\/\/maps.app.goo.gl\/LWUzS6NqQFwoSq918\">&gt; GoogleMaps<\/a><\/p>\n<ul>\n<li><\/li>\n<li>Legal notice<\/li>\n<li><\/li>\n<li>Data protection<\/li>\n<li><\/li>\n<li>Terms and conditions<\/li>\n<li><\/li>\n<\/ul>\n<p>[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>As of 01.11.2025 1. Subject matter of the contract, contracting parties, amendments 1.1 These General Terms and Conditions apply to all orders placed by the customer via the online shop www.ofenfeinstaubfilter.de 1.2 The customer&#8217;s contractual partner is: BERTRAMS GmbH &#038;&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-legal.php","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1934","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>General Terms and Conditions - OFENFEINSTAUBFILTER<\/title>\n<meta name=\"description\" content=\"General terms and conditions for buying stove fine dust filters from BERTRAMS GmbH &amp; Co KG: contract, prices, shipping, payment and warranty.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ofenfeinstaubfilter.de\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General Terms and Conditions - 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