of AIR LIQUIDE Deutschland GmbH for the distribution of goods via the online customer portal myGAS
Last updated: 05/2019
1. Scope
The following Conditions of purchase govern the conclusion of contracts for the products, services and services offered in the myGAS customer portal (hereinafter “Goods”) between AIR LIQUIDE Deutschland GmbH (hereinafter “AL”) and the duly registered user (hereinafter “customer”).
2. General provisions
Our offer is aimed exclusively at business owners. Deliveries are only made within Germany.
2.1 Conclusion of legal transactions via the myGAS customer portal
The conclusion of a legal transaction in the myGAS customer portal is based on the current status of these Conditions of purchase valid at the time of its conclusion. The contents of the concluded legal transactions in force stem from the contracts and orders themselves as well as from the general terms and conditions of AL, available at www.airliquide.de, and are not affected by the following Conditions of purchase.
2.2 Confirmation of the terms of the contract
A prerequisite for concluding contracts and placing orders via the myGAS customer portal is the customer’s confirmation that they acknowledge and agree with these Conditions of purchase and the general terms and conditions of AL. By registering with the myGAS portal, the customer confirms their acceptance of AL’s Conditions of purchase, as they call up these terms and conditions, enter their e-mail address and password in the corresponding fields and then click on “Create”.
2.3 Applicable law
Orders and contracts as well as all other legally relevant transactions within the scope of the myGAS customer portal are subject to German law, to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.
2.4 Catalogue of goods
The nature and scope of the goods offered are conclusively determined by the catalogue shown in the myGAS customer portal. The catalogue may be extended or restricted at AL’s discretion. Using the customer portal does not give the customer any claim over the permanent orderability of individual or all goods, regardless of whether AL completely ceases to offer the respective goods or simply no longer offers them in the myGAS customer portal.
2.5 Conclusion of a contract by electronic means
Certain transactions can be concluded by means of electronically generated documents and the customer’s electronic signature via the provider DocuSign. To do this, the customer clicks on the “Sign” field in the contract document and assigns his electronic signature by selecting a suggested style or by writing it with a mouse or pen. The electronic signature is equivalent to an actual signature; it is legally binding.
3. Purchase of equipment
3.1 Unregistered customer
An unregistered customer can view price lists, check product details and search for distribution partners. If the unregistered customer places equipment in the shopping cart, they are prompted to register when they click on “Go to cart”. Once they register, an unregistered customer becomes a customer (see 3.2.).
3.2 Customer
A customer who buys from us for the first time can purchase equipment at the list prices we have provided if they pay instantly by credit card. The purchase is made when the customer adds the goods to their shopping cart, clicks on “continue” and selects the delivery method in the next step and then clicks on “continue” on the same screen. By clicking on “Confirm and pay”, the customer buys the goods and is redirected to the online payment platform. Only once the online payment is completed, the transaction is valid, and the goods are delivered.
A customer who has already bought from us can purchase the equipment offered in the catalogue at the prices listed, plus VAT. The contract is concluded when the customer adds the goods to their shopping cart, clicks on “continue” and selects the delivery method in the next step and then clicks on “continue” on the same screen. By clicking on “continue”. By clicking on “Order and pay now”, the customer is entitled to be supplied with the purchased goods. At the same time, they are obliged to pay the purchase price to AL.
4. Purchase of technical gases
4.1 Unregistered customer
An unregistered customer can view price lists, check product details and search for distribution partners. Certain, unlocked products can be purchased directly if they are paid for by credit card. These items are marked with “Buy now”. This mainly refers to our balloon gas and Albee products. If an unregistered customer adds other technical gases to their shopping cart, they will be asked to register when they click on “Go to cart”. Once they register, an unregistered customer becomes a customer (see 4.2.).
4.2 New customer
A new customer is a customer who has not yet made a purchase with us.
4.2.1. Direct purchase
A new customer can purchase technical gases at the list prices we have provided if they pay instantly by credit card. The purchase is made when the new customer adds the goods to their shopping cart, clicks on “continue” and selects the delivery method in the next step and then clicks on “continue” on the same screen. By clicking on “Confirm and pay”, the new customer buys the goods and is redirected to the online payment platform. Only once the online payment is completed, the transaction is valid, and the goods are delivered.
4.2.1 Price request
A new customer can request a non-binding offer for one or more goods via the myGAS customer portal. This request does not impose contractual obligations on either Party. The customer can request a non-binding offer by clicking on “Request price” in the product overview.
4.2.2 Offer
AL sends the customer an individual contract offer based on their expected needs and is committed to honouring this for one month from the date of the offer (“validity period”). If the contract is concluded purely via electronic means, the customer receives an e-mail with a link to the myGas offer. Clicking on the link takes the customer to their individual offer in the myGas portal, and the customer can accept/reject it by clicking on “Accept offer” or “Reject offer”. The customer is not obliged to accept the offer. If the customer does not respond to the offer within the validity period, the offer expires. The customer can request a new non-binding offer at any time after the validity period has expired.
4.2.3 Acceptance
The customer can accept an offer made in accordance with 4.2.2 by signing the offer and returning it to AL within the validity period; the date AL receives the acceptance is the applicable date. If the contract is concluded by purely electronic means, by clicking on “Sign” and then “Finish”, the signed contract will be emailed to the customer and AL as a PDF, at the same time.
If the customer accepts the offer, the conditions are listed in the myGAS customer portal. The customer is not obliged to purchase a specific number of goods or to generate a specific minimum turnover.
4.3 Ordering goods according to the conditions agreed on
If the customer has already purchased gases from AL but not as part of a supply contract, the conditions agreed on are stored in the myGAS customer portal. The customer can purchase goods at the prices listed. The order is placed with AL when the customer adds the goods to their shopping cart, clicks on “continue” and selects the delivery method in the next step and then clicks on “continue” on the same screen. By clicking on “order and pay now”, the customer is entitled to be supplied with the purchased goods. At the same time, they are obliged to pay the applicable price to AL (product price, hire fee, ancillary conditions). The customer is not obliged to purchase a specific number of goods or to generate a specific minimum turnover. AL is entitled to adjust the conditions for future orders without conferring with the customer.
4.4 Ordering goods in accordance with an existing supply contract
If the customer has a gas supply contract with AL, they can request delivery of the goods agreed on in the contract via the myGAS customer portal. An order placed via the myGAS customer portal is equivalent to the options of ordering by fax, phone or e-mail. The current terms and conditions of the supply contract (product prices, hire fee, ancillary conditions) are automatically stored in the myGAS customer portal. The order is placed with AL when the customer adds the goods to their shopping cart, clicks on “continue” and selects the delivery method in the next step and then clicks on “continue” on the same screen. By clicking on “order and pay now”, the customer is entitled to be supplied with the purchased goods. At the same time, they are obliged to pay the applicable price to AL (product price, hire fee, ancillary conditions).
4.5 Extending an existing supply contract
If the customer has a supply contract with AL, they can also purchase goods via the myGAS customer portal that are not included in their supply contract yet. The existing supply contract is extended by means of a supplement for the additional goods. Hire fees and ancillary conditions depend on the respectively valid conditions of the delivery contract. To extend their delivery contract, the customer has to request a non-binding supplementary offer for the desired goods from AL. The conclusion of the contract is also subject to clause 4.2.
4.6 Hire fee
In addition to the standard daily hire fee, AL offers the customer the option of a flat-rate hire fee. If the customer asks for gases, they always receive a corresponding offer to hire. The customer can choose between a daily and annual flat-rate hire fee by ticking the boxes provided for this purpose. The customer can accept an offer by signing the offer and returning it to AL within the validity period; the date AL receives the acceptance is the applicable date. If the customer accepts the contract offer, the contract is concluded in accordance with the conditions contained therein.
5 Payment
In the myGAS customer portal, AL gives the option of paying by invoice as well as by credit card (MasterCard and VISA). A direct purchase can only be paid for by credit card. The card will be debited immediately after the respective legal transaction has been completed. A customer who has an ongoing business relationship with AL and already has a customer number also has the option of paying any outstanding sums by credit card. Furthermore, the invoices stored in the customer account can also be paid by credit card when purchases are made on account. The card will be debited immediately after the respective legal transaction has been concluded or after the customer has clicked on the “Pay by credit card” box.
