General Terms and Conditions
General Terms and Conditions of theAerofoils GmbH
Managing Director: Franz Hofmann & Christian Rößler
Phone: 09251 4388900
§ 1 Scope of application
(1) For the legal relations established via this Internet store (including our app) between Aerofoils GmbH and its customers, the following General Terms and Conditions in the version applicable at the time of the order shall apply exclusively.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the products in the online store does not represent a legally binding offer, but only an invitation to order.
(2) By clicking the button (buy/order with costs) you place a binding order for the chosen goods.
(3) The purchase contract is concluded by you on the one hand personalizing and ordering the products on aerofoils.de and on the other hand Aerofoils GmbH accepting your order by sending an order confirmation by e-mail immediately after receiving your order.
§ 3 Products
(1) The buyer can learn about the main characteristics of the products by clicking on the detailed product sheet on the website. In case of 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 range of products offered for sale on the website at any time.
(2) The materials used in our starting materials and manufacturing processes may change over time, e.g., colors when exposed to sunlight.
§ 4 Obligations of the customer to cooperate
§ 5 Prices and payment
(1) Valid are the prices indicated on the website at the time of the order.
(2) With the confirmation of the order the order value is due for payment. Payment is made online, e.g. by credit card. Payment of the purchase price must be made immediately and without any deductions after receipt of the order confirmation.
(3) Production will not begin until you have made the payment due in full; 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 case of chargebacks by your bank, the further processing of the transaction can be transferred to a partner company. The customer will be charged for all return debit charges, interest on arrears and all third-party costs such as lawyer's fees.
§ 5 Shipping
(1) After receipt of payment and production, the goods will be shipped to the specified shipping address. The currently possible delivery countries become visible on the app when the delivery address is entered. After delivery you will receive a confirmation e-mail from us. The delivery time is usually about 3-10 working days, depending on the delivery country and production site. Longer delivery times will be communicated to you in individual cases.
For more information please refer to our shipping policy.
(2) Standard deliveries are made at the shipping costs stated on the website. The shipping costs may vary depending on the product and the country of delivery.
(3) All other shipping costs, e.g. for express deliveries, must be agreed with Aerofoils GmbH by telephone or e-mail.
(4) The occurrence of a delay in delivery by Aerofoils GmbH is determined by the statutory provisions, with the proviso that a reminder from you is required in any case and the subsequent delivery period must be at least 14 days.
In addition, as the Corona virus spreads around the world and impacts production facilities and freight traffic, there may be further significant delays in deliveries and correspondingly longer delivery times.
(5) If the products ordered cannot be delivered for reasons for which Aerofoils GmbH is not responsible, Aerofoils GmbH is entitled to withdraw from the purchase contract in part or in full and to refund payments already received from you accordingly.
(6) Aerofoils GmbH is entitled to partial deliveries and partial services at any time.
(7) If you do not accept the delivered goods, Aerofoils GmbH has the right to withdraw from the order or to claim damages for non-performance after the fruitless expiry of a grace period of two weeks to be set.
§ 6 Acceptance
(1) Subject of the acceptance are the physical products. You as the purchaser must check within five days after successful delivery of the ordered products whether the production has been carried out according to the specifications and data on which you based your order.
(2) If you feel prevented from accepting the delivered products, you are required to submit the affected products to Aerofoils GmbH within the period resulting from (1) within the scope of your obligations to cooperate in order to record the defects that prevent acceptance (e.g. by means of digital photos) and, if necessary, to arrange for the return of the affected products. In the course of the inspection by Aerofoils GmbH, only the defects you complained about during the acceptance test will be taken into account. Insignificant defects cannot be held against an acceptance test.
§ 7 Warranty for material defects
(1) A case of warranty does not exist if the ordered products were produced and manufactured according to the specifications of the customer. Defects in products, which are based in particular on faulty specifications or data, shall be borne by the customer.
(2) The risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the Buyer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. With regard to personalized products, the legal regulations of the law on contracts for work and services (contract for work and materials) apply.
(3) A guarantee in any form for delivered products beyond a possible legal guarantee only exists if this was explicitly stated in the order confirmation for the respective products.
(4) Any defects must be notified to Aerofoils GmbH in writing by presenting the defective products to Aerofoils GmbH (e.g. by means of digital photos or return shipment).
§ 8 Right of subsequent delivery
(1) After expiry of the delivery period, Aerofoils GmbH is entitled to a subsequent delivery period of a maximum of 20 days. After expiry of the additional delivery period, withdrawal from the contract shall be deemed to have taken place to the exclusion of claims for damages.
(2) Transactions for delivery by a fixed date shall not be carried out.
(3) In case of justified complaints on defects, Aerofoils GmbH has the right to rectification of defects or delivery of defect-free replacement goods within 20 days after receipt of the returned goods.
§ 9 Liability and compensation
(1) Claims for damages by you as the customer are excluded. Excluded from this are claims for damages by the purchaser arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on 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 fundamental contractual obligations, Aerofoils GmbH is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions in paragraphs (1) and (2) also apply in favour of the legal representatives and vicarious agents of Aerofoils GmbH if claims are made directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of revocation
(for non-personalized products)
(1) You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
(2) In order to exercise your right of revocation, you must inform us (Aerofoils GmbH, Karl-Reichel-Straße 27, 95237 Weißdorf, Phone: 09251 4388900, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.
(3) In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.
§ 11 Consequences of revocation
(1) If you revoke this contract, Aerofoils GmbH must reimburse you for all payments received from you, including shipping costs (with the exception of other shipping costs), immediately and at the latest within fourteen days of the day on which Aerofoils GmbH receives notification of your revocation of this contract.
(2) For this refund, Aerofoils GmbH will use the same means of payment that you used for the original transaction (unless expressly agreed otherwise with you; under no circumstances will Aerofoils GmbH charge you for this refund).
(3) Aerofoils GmbH may refuse a refund until Aerofoils GmbH has received the goods back or until you have provided proof that you have returned the goods (whichever is earlier).
(4) You must return or hand over the products to Aerofoils GmbH without delay and in any case within fourteen days at the latest from the day on which you informed Aerofoils GmbH of the cancellation of this contract. The deadline is deemed to have been met if you dispatch the goods before the end of the fourteen-day period. You will bear the direct costs of returning the products.
(5) You shall only be liable for any loss in value of the goods if this loss in value is due to handling on your part that is not necessary for testing the nature, properties, and functionality of the goods.
§ 12 Exceptions to the right of withdrawal
(1) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in your commercial or self-employed capacity when concluding the contract, there is no right of revocation.
§ 13 Applicable law
(1) Contracts between Aerofoils GmbH and you as the purchaser shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Any disputes arising in connection with the order shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
(2) If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions, and the contract and these General Terms and Conditions shall otherwise remain valid for both parties.