Terms of service
General Terms and Conditions (GTC) for the Airworld website
- 1 Scope and provider
The goods offered on this website are distributed by
Airworld Modellbau
Owner: Hans-Dieter Reisert
Henschelstr. 11
63110 Rodgau
(1) The following General Terms and Conditions apply to all orders placed by you, hereinafter also referred to as Buyer.
(2) The offer of goods on our website is directed exclusively to buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions apply to consumers and companies, unless individual agreements take precedence. A consumer is anyone who does not conclude the purchase contract within the scope of his commercial or self-employed activity. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can access and print out these General Terms and Conditions on the website.
- 2 Conclusion of contract
1) The presentation of goods on the website does not constitute a binding application for the conclusion of a purchase contract.
(2) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer. This is usually done by sending an order confirmation.
(3) Please note that even in the case of payment in advance and PayPal, a purchase contract is not automatically concluded; rather, prior acceptance of the order is required unless we ship the goods to you - without prior express declaration of acceptance.
(4) Insofar as the processing of the contract and the associated information is essentially carried out by e-mail, you agree that the contract-related communication is carried out in electronic form and guarantee that the e-mail address given to us is correct. Please also check that the receipt of e-mails is not prevented by your spam filter.
- 3 Subject matter of the contract, prices
(1) The subject matter of the contract are the products depicted on the website. Since we are constantly developing our products, the illustrations may differ from the delivered items, in particular in terms of shape and color. The object of purchase for the illustrated model airplanes is the pure model airplane kit, as specified in the respective kit description; it does not include any accessories beyond the kit description, such as engines, built-in parts, etc., and no construction, painting services, etc. whatsoever.
(2) The prices quoted include the statutory value-added tax currently applicable in Germany and other price components and apply to collection/shipping within Germany, plus the respective shipping costs.
For deliveries to foreign countries, customs duties, taxes and fees may apply, which are not included in the total price shown.
Please note that due to current legislation in EU trade new regulations apply. We are obliged, when shipping to an EU country, to pay the sales tax of the country to which we ship. The indicated product prices include the rate of 19% applicable in Germany and therefore change according to the VAT rate applicable in your country. In the order confirmation, we will inform you of the price including the sales tax applicable to you. If you want to pick up the goods from us or order the shipment yourself, the German tax rate applies.
- 4 Terms of payment; Default
1) Payment shall be made by invoice and advance payment. Cash payment is also possible when picking up the goods. We will inform you of our bank details in the order confirmation. For products available for immediate delivery, the transfer is due within 5 days after receipt of the order confirmation. This is how long we reserve the ordered goods for you. In case of goods in stock, the goods will be shipped within one to three working days after receipt of payment.
Since model kits are usually made after order, according to your wishes, delivery times arise. Since these can vary, the delivery time will be communicated in the order confirmation. Please do not pay the purchase price until we inform you that the goods are in stock. We will then ship within three business days after receipt of payment.
(2) Payment by PayPal is possible, but additional fees will apply.
(3) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.
If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the base interest rate. For each reminder sent to you after the occurrence of the default, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher damage is proven.
- 5 Offsetting/Right of Retention
1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
- 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) Exceptionally, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The precondition is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
-We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permitted.
-You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
-If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.-We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
- 7 Cancellation policy
In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity and you have your habitual residence in the EU or the EEA, you have a right of revocation in accordance with the following provisions:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us using the following address
Airworld Modellbau
Hans-Dieter Reisert (owner)
Henschelstr. 11
63110 Rodgau
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the following sample revocation text for this purpose, but it is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Sample revocation text
Herewith I/we revoke
the contract concluded by me/us on ......................... for the purchase of the following product(s)
......................................................................
Invoice number RE (if available).....................
Ordered on ......................
Received on ......................
Name of consumer(s):
Address of consumer(s):
E-mail and telephone number of consumer(s):
Signature of consumer(s)
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen 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. In the case of payment by bank transfer, we require your bank details for the repayment.
We may 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 undue delay and in any case no later than within fourteen 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 have to pay the direct costs for the return of the goods.
You must pay for any loss in value of the goods if this loss in value is due to handling by you that is not necessary for testing the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are not prefabricated, that have been manufactured according to customer specifications, for the manufacture of which an individual selection or determination by the consumer is decisive, or that are not suitable for return due to their nature.
Return shipment
(1) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(2) Please inform us to announce the return. In this way, you enable us to allocate the products as quickly as possible.
(3) Please note that the modalities mentioned in the above paragraphs 1 and 2 are not a condition for the effective exercise of the right of withdrawal.
- 8 Terms of delivery/transport damage
If goods are delivered with obvious transport damage, please complain about such defects immediately to the carrier and contact us as soon as possible. We will insure the shipment according to the value of the goods and you will help us to assert our claims against the carrier or the transport insurance.
As a consumer, you are only liable for the loss or deterioration of the goods in transit from the time the goods are handed over to you. This does not apply if you independently arrange for a transport company or designate a person authorized to pick up the goods.
Delivery to entrepreneurs is at their risk.
- 9 Warranty
WARRANTY
(1) Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales §§ 433 et seq. of the German Civil Code).
(2) If you are a consumer in the sense of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 I no. 3 BGB (German Civil Code)
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
-Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising.
-You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the duty to inspect and notify defects.
-In the event of defects, we shall, at our choice, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
-If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
--The warranty period is one year from delivery of the goods.
- 10 Liability
(1) Unlimited liability:
We shall be liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply:
In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which you may regularly rely on (cardinal obligation).The liability for slight negligence shall be limited in amount to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
- 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform is under the external link http://ec.europa.eu/consumers/odr/erreichbar.
(2) We will try to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
- 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law. For consumers and other persons who have their habitual residence outside the EU and the EEA, the exclusion of German consumer protection law applies in addition.
(3) If you are a trader, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. German law shall apply.
The text of these General Terms and Conditions is based on a sample contract provided by Härting Attorneys at Law, which has been partially adapted.
Copyright: HÄRTING Attorneys at Law, http://www.haerting.de,
Chausseestraße 13,10115 Berlin, Phone (030) 28 30 57 40, Fax (030) 28 30 57 4