AGB
General Terms and Conditions of
Aerofoils GmbH
Karl-Reichel-Straße 27
95237 Weißdorf
Managing Directors: Franz Hofmann & Christian Rößler
Phone: +49 9251 4388900
Email: shop@aerofoils.de
Section 1 Scope of Application
(1) The following General Terms and Conditions, in their respective version at the time of the order, apply exclusively to the legal relationship established via this online shop (including the app) between Aerofoils GmbH and its customers.
(2) Any conflicting terms and conditions of the customer are hereby rejected.
Section 2 Conclusion of Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.
(2) By clicking the button (Buy/Order with obligation to pay), you submit a binding order for the selected goods.
(3) The purchase agreement is concluded when you personalize and order the products on aerofoils.de and Aerofoils GmbH accepts your order by sending an order confirmation via email immediately after receiving your order.
Section 3 Products
(1) The buyer can learn about the essential characteristics of the products by clicking on the detailed product information sheet on the website. In the event of a product defect, the buyer will be informed in the order confirmation email and acknowledges that Aerofoils GmbH has the right to cancel the order. Aerofoils GmbH has the right to change the products offered for sale on the website at any time.
(2) The materials used in our raw materials and manufacturing processes may change over time, e.g., in color, when exposed to sunlight.
Section 4 Customer's Obligations
(1) Please refer to our Privacy Policy in this regard.
Section 5 Prices and Payment
(1) The prices listed on the website at the time of ordering are valid.
(2) The order amount is due upon confirmation of the order. Payment is made online, e.g., by credit card. Payment of the purchase price is due immediately upon receipt of the order confirmation and without any deductions.
(3) Production will only begin once you have made the full payment; this may result in corresponding shipping delays.
(4) The ordered products remain the property of Aerofoils GmbH until full payment has been received.
(5) In the event of a chargeback by your bank, further processing of the transaction may be transferred to a partner company. All resulting chargeback fees, default interest, and any third-party costs, such as legal fees, will be charged to the
customer.
Section 6 Intra-Community Supplies and Documentation Requirements
(1) Tax Exemption for Intra-Community Supplies
Supplies to traders within the European Union (EU) are tax-exempt pursuant to Section 4 No. 1b of the German VAT Act (UStG) in conjunction with Section 6a of the German VAT Act (UStG), provided the following conditions are met:
The buyer is a business established in another EU Member State and has a valid VAT identification number (VAT ID).
The buyer provides proof that the goods have crossed the borders of Germany (proof requirement).
(2) Supporting Documents
The buyer is obligated to submit the documents required for proof no later than 30 days after receiving the goods. The following documents are considered suitable proof:
Buyer's confirmation of receipt
Freight forwarder's certificate, if the buyer has commissioned a freight forwarder
Bills of lading, delivery notes, or tracking information
(3) Provisional invoicing with VAT
If the goods are collected Ex Works (EXW) and the required documentation is not yet available at the time of invoicing, the preliminary invoice will be issued subject to 19% German VAT.
(4) Correction and refund
As soon as the buyer has provided the necessary documentation, the invoice will be corrected and the VAT refunded.
(5) Buyer's responsibility and consequences of non-compliance
If the buyer fails to submit the required documentation on time, the invoice will remain valid with 19% German VAT. The buyer is not entitled to a subsequent refund of the VAT. The tax will be paid to the competent tax authority.
(6) Transfer of liability
The buyer assumes sole responsibility for the correct submission of the documentation. Should the tax exemption be subsequently revoked by the tax authorities, the buyer shall bear the resulting costs and taxes.
Section 7 Shipping
(1) Shipping takes place after receipt of payment and production to the specified shipping address. The currently available delivery countries are displayed when you enter the delivery address in the app. You will receive a confirmation email from us after shipment. Depending on the delivery country and production location, the delivery time is usually approximately 3-10 business days. You will be notified of any longer delivery times in individual cases.
For further information, please refer to our shipping policy.
(2) Standard deliveries are subject to the shipping costs indicated on the website. Shipping costs may vary depending on the product and delivery country.
(3) All other shipping costs, such as for express deliveries, must be arranged by telephone or email with Aerofoils GmbH.
(4) Aerofoils GmbH's liability for delivery delays is governed by statutory regulations, with the stipulation that a reminder from you is required in every case and the grace period for subsequent delivery must be at least 14 days.
(2) Standard deliveries are subject to the shipping costs indicated on the website. Furthermore, due to the global spread of the coronavirus and its impact on production facilities and freight transport, significant delivery delays and correspondingly longer delivery times may occur.
(5) If the ordered products cannot be delivered for reasons beyond the control of Aerofoils GmbH, Aerofoils GmbH is entitled to withdraw from the purchase agreement in whole or in part and to refund any payments already received from you.
(6) Aerofoils GmbH is entitled to make partial deliveries and provide partial services at any time.
(7) If you do not accept the delivered goods, Aerofoils GmbH is entitled, after the unsuccessful expiry of a grace period of two weeks, to withdraw from the contract or to claim damages for non-performance.
Section 8 Acceptance
(1) The subject of acceptance is the physical products. As the customer, you must check within five days of successful delivery of the ordered products whether they have been manufactured in accordance with your specifications and data.
(2) If you are unable to accept the delivered products, you are required, within the period specified in (1), to submit the affected products to Aerofoils GmbH for documentation of any defects preventing acceptance (e.g., by taking digital photos) and, if necessary, to arrange for the return of the affected products. Aerofoils GmbH will only consider the defects identified by you during the acceptance inspection. Minor defects cannot be used to prevent acceptance.
Section 9 Warranty for Defects
(1) A warranty claim does not exist if the ordered products were manufactured and produced according to the customer's specifications. Defects in products, particularly those resulting from faulty specifications or data, are the responsibility of the customer.
(2) The risk of accidental loss or damage to the goods, as well as the risk of delay, passes to the buyer upon delivery of the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. Personalized products are subject to the statutory provisions governing contracts for work and materials (contract for work and materials).
(3) Any warranty for delivered products beyond any applicable statutory warranty exists only if it is expressly stated in the order confirmation for the respective products.
(4) Any defects must be reported to Aerofoils GmbH in writing by submitting the defective products to Aerofoils GmbH (e.g., by digital photos or return shipment).
Section 10 Right to Subsequent Delivery
(1) After the delivery period has expired, Aerofoils GmbH is entitled to a subsequent delivery period of a maximum of 20 days. After the expiry of this subsequent delivery period, the contract is deemed to have been rescinded, excluding any claims for damages.
(2) Fixed-price contracts are not accepted.
(3) In the event of justified complaints regarding defects, Aerofoils GmbH has the right to repair or deliver defect-free replacement goods within 20 days of receiving the returned goods.
Section 11 Liability and Damages
(1) Claims for damages by you as the customer are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by Aerofoils GmbH, its legal representatives, or vicarious agents.
(2) In the event of a breach of essential contractual obligations, Aerofoils GmbH shall only be liable for the foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the claim for damages arises from injury to life, body, or health.
(3) The limitations in paragraphs (1) and (2) also apply to the benefit of Aerofoils GmbH's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Section 12 Right of Withdrawal
(for non-personalized products)
(1) You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
(2) To exercise your right of withdrawal, you must inform us (Aerofoils GmbH, Karl-Reichel-Straße 27, 95237 Weißdorf, Germany, Phone: +49 9251 4388900, Email: shop@aerofoils.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
(3) To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Section 13 Consequences of Withdrawal
(1) If you withdraw from this contract, Aerofoils GmbH shall reimburse to you all payments received from you, including delivery charges (excluding any other shipping costs), without undue delay and in any event not later than 14 days from the day on which Aerofoils GmbH is informed about your decision to withdraw from this contract.
(2) Aerofoils GmbH will carry out such reimbursement using the same means of payment as you used for the initial transaction (unless expressly agreed otherwise; in any event, Aerofoils GmbH will not incur any fees as a result of such reimbursement).
(3) Aerofoils GmbH may withhold reimbursement until it has received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
(2) Aerofoils GmbH shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which Aerofoils GmbH communicates your withdrawal from this contract to you. (4) You must return or hand over the products to Aerofoils GmbH without undue delay and in any event no later than fourteen days from the day on which you notified Aerofoils GmbH of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the product.
(5) You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Section 14 Exceptions to the Right of Withdrawal
(1) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the course of your business or self-employed professional activity when concluding the contract, the right of withdrawal does not apply.
Section 15 Applicable Law
(1) Contracts between Aerofoils GmbH and you as the customer are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For disputes arising in connection with this agreement, German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If any provision of these General Terms and Conditions and/or the contract supplemented by them is or becomes invalid, the validity of the remaining provisions shall not be affected, and the contract and these General Terms and Conditions shall otherwise remain in full force and effect for both parties.
Section 16 Location / Use of the AUDI e-tron Foil
On which bodies of water is it permitted to operate an AUDI e-tron Foil?
Please observe the applicable legal regulations. Depending on the country and region, operating e-foils may be prohibited on certain bodies of water. It is the customer's responsibility to familiarize themselves with the applicable legal regulations before using the AUDI e-tron Foil. If in doubt, contact the relevant authorities directly. Aerofoils GmbH accepts no liability for any fines or damages resulting from the unauthorized use of an e-foil.