Terms and conditions

General terms and conditions of sale

Scope of application

These terms and conditions apply to all purchases from Avionik Plus Flugfunkservice GmbH made by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a purchase contract.

By placing an order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you provided.

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details under shipping. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of cancellation. If you execute your right of cancellation, we will also refund the shipping costs.

Payment

Payment is made upon delivery by means of

            – Apple Pay

            – Google Pay

            – credit card

            – Invoice

            – Stripe

Delay of payment

If you are in default of payment, Avionik Plus Flugfunkservice GmbH is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Avionik Plus Flugfunkservice GmbH can prove that it has incurred higher damages due to the delay, Avionik Plus Flugfunkservice GmbH is entitled to claim these damages.

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer, within

            – Europe

            – USA

            – Asia

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Avionik Plus Flugfunkservice GmbH is not obliged to perform. Amounts already paid will be refunded immediately by Avionik Plus Flugfunkservice GmbH.

(3) Avionik Plus Flugfunkservice GmbH may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded immediately by Avionik Plus Flugfunkservice GmbH.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Avionik Plus Flugfunkservice GmbH expressly points out that these goods will not be carried into the house.

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.

Retention of ownership

The delivered goods remain the property of Avionik Plus Flugfunkservice GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect rights

(1) If a product is already defective upon delivery (warranty case), Avionik Plus Flugfunkservice GmbH will, at the customer’s option and at Avionik Plus Flugfunkservice GmbH’s expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Avionik Plus Flugfunkservice GmbH does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the principles of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer’s claim shall be limited to the respective other type of subsequent performance. The right of Avionik Plus Flugfunkservice GmbH to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.

(4) Both in the case of repair and in the case of replacement, the customer is obligated to send the product at the expense of Avionik Plus Flugfunkservice GmbH to the return address provided by Avionik Plus Flugfunkservice GmbH, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Avionik Plus Flugfunkservice GmbH is not obligated to inspect the product for the insertion of such items. Avionik Plus Flugfunkservice GmbH shall not be liable for the loss of such items unless it was readily apparent to Avionik Plus Flugfunkservice GmbH at the time the product was returned that such an item had been inserted into the product (in this case Avionik Plus Flugfunkservice GmbH shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,

b) if Avionik Plus Flugfunkservice GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Avionik Plus Flugfunkservice GmbH,

c) if the deterioration or loss has occurred at the customer’s premises although the customer has exercised the care that he/she is accustomed to exercising in his/her own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.

(9) The legal warranty of Avionik Plus Flugfunkservice GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence, Avionik Plus Flugfunkservice GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in the case of injury to life, body and health. Avionik Plus Flugfunkservice GmbH shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of any fault on the part of Avionik Plus Flugfunkservice GmbH, liability on the part of Avionik Plus Flugfunkservice GmbH remains unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Avionik Plus Flugfunkservice GmbH.

(3) Avionik Plus Flugfunkservice GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred with timely delivery.

(4) The personal liability of Avionik Plus Flugfunkservice GmbH’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Avionik Plus Flugfunkservice GmbH shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Germany.

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.