Conditions of Use

General Terms and Conditions of Ülis Segelflugbedarf GmbH and Cancellation Policy:

1. The following terms and conditions apply exclusively to orders placed by telephone, in writing, by fax or by email, as well as to orders placed online via our webshop. The following terms and conditions do not apply to cash sales or in-person orders. Any terms and conditions of the purchaser that deviate from our terms and conditions shall be deemed not to have been agreed, unless we have given our express written consent.

2. Upon conclusion of the contract, your contracting party will be:

Ülis Segelflugbedarf GmbH
Untergasse 1
63688 Gedern
Tel.: 06045-950100
Fax: 06045-952339
info@segelflugbedarf24.de

Managing Directors with power of representation: Sylvia Böhnisch, Marcus Böhnisch
Register court: Friedberg Local Court
Registration number: HRB 6460
VAT registration number in accordance with Section 27a of the Value Added Tax Act: DE255205510
IBAN: DE17 5185 0079 0027 0254 20
BIC/SWIFT: HELADEF1FRI
3. The contract of sale is concluded upon receipt of your order and the dispatch of an order confirmation or the dispatch of the goods ordered. An automated confirmation of receipt by email for orders placed via our online shop does not constitute a binding order confirmation.

4. Consumers in Germany are entitled to a right of withdrawal in accordance with Section 355 of the German Civil Code (BGB). You may withdraw from your order within 14 days of receiving the goods. It is sufficient to send the notice of withdrawal in good time. The notice of withdrawal need not state a reason. The withdrawal must be notified to us (see (2) for our address) in writing or by returning the goods. In the event of withdrawal, the goods must be returned to us immediately. The right of withdrawal does not apply to:

· All types of data, image and audio media, provided the seal has been broken or the content has been transmitted online,
· Items that have been manufactured or procured for you to meet your personal requirements (e.g. FLARM licences issued with serial numbers, spare parts, all ATP Aircraft Technical Publishers products, seat belts, rescue parachutes, composite ICAO charts/gliding charts, printed T-shirts, trophies engraved to the customer’s specifications, custom-made batteries with terminal covers and connectors, etc.),
· Items that have been cut to size or made to order (e.g. warning film, stone-chip protection film, hoses, upholstery fabrics, canopy covers, etc.)
· Magazines, newspapers, illustrated periodicals,
· Items with a limited shelf life or validity, in particular database updates for GPS, AIPs, Jeppesen and Bottlang manuals and trip kits, aeronautical charts, calendars
· Marked special items for commercial use; see also (9).

If the goods have been put to use prior to cancellation, we reserve the right to charge compensation for loss of value in accordance with Section 357(3) of the German Civil Code (BGB), provided that the deterioration of the goods is not attributable exclusively to their inspection. Provided that no deterioration has occurred that is exclusively attributable to the inspection of the goods, no charge will be made.

In the event of a cancellation, we will refund any payments you have made for the items. In all other cases, the refund will be made by bank transfer to a German bank account. If the transfer is made to a foreign bank account, any fees incurred will be deducted.

In the event of withdrawal, the costs of returning the goods shall be borne by the customer. The goods are returned at the buyer’s risk.

Special delivery methods arranged at your request (e.g. DHL Express, courier service, international delivery) are regarded as a separate transport service, which is deemed to have been performed upon timely handover to the carrier. Withdrawal in respect of such non-standard delivery charges is excluded.
For purchases made from abroad, the return and acceptance of goods that have been ordered and duly delivered is only possible by prior arrangement.

5. In the event of a cancellation, the goods must be returned in their undamaged original sales packaging. The sales packaging must not be used as outer packaging for transport. The customer shall bear the costs of the return shipment. You may notify us of your request for a return by telephone, email or fax. Parcels sent carriage forward will not be accepted.
In the case of refunds for returned goods from EU customers abroad, please note that the VAT paid cannot be refunded if the product is not returned within the quarter in which the purchase was made.

6. All prices are subject to change. We reserve the right to make price changes, e.g. due to exchange rate fluctuations, price increases by suppliers, or errors. The list prices valid on the day of delivery shall apply. All prices quoted are final prices, inclusive of German VAT, currently at 7% for books, flight tickets and publishing products, and 19% for other items. For deliveries to business customers in EU countries, German VAT will not be charged provided a valid VAT registration number is provided to us when the order is placed. For all other deliveries to EU countries, German VAT will be charged. For shipments to non-EU countries, the prices will be reduced by the amount of VAT they contain. Additional import duties may be levied on imports into non-EU countries. Information on this can be obtained from the customs authorities of the destination country.

7. All prices are quoted ex-works Gedern, unpacked. Delivery charges are calculated at the most favourable rate based on value, weight, volume and the nature of the goods. Where we specify flat-rate delivery charges, these apply only to a single consignment and order in accordance with (1). Transport is at the recipient’s expense and risk. At the buyer’s express request, transport insurance may be taken out. The costs incurred for this shall be borne by the buyer.
8. The minimum order value is 5 euros. Orders with a gross value of less than 5 euros are subject to a minimum order surcharge of 2.50 euros.

9. Our deliveries are payable immediately via PayPal, credit card, cash on delivery or prepayment. For established domestic customers, delivery on account or payment by direct debit may also be arranged on request, subject to creditworthiness. In this case, the invoice amount is payable immediately upon receipt of the delivery without deduction, or will be debited 10 days after delivery. In the event of returned direct debits that have been cancelled by the customer without prior consultation with us, fees of at least 15 euros will apply, or more depending on the bank. These will be invoiced.
International deliveries are made exclusively against prepayment. For payment by prepayment, please transfer the amount to the account specified in the order confirmation. Prepayments from abroad must be made free of charge to the recipient and exclusively to the account specified in the order confirmation or in a separate email. For other payments from abroad, we must charge an additional €20 to cover German bank charges. Any bank charges incurred in connection with VAT refunds for international deliveries shall be borne by the customer.

9a. A subsequent refund for items taken outside the EU (e.g. Switzerland) may be granted, subject to appropriate proof, for net invoice amounts of 200 euros or more. No refund will be made for amounts below this threshold.

10. Complaints regarding incomplete or faulty deliveries must be reported immediately, but no later than 7 days after receipt of the goods. You must report damaged consignments to the carrier (Post, DHL, DPD) without delay. Claims for compensation arising from a damaged consignment must be addressed directly to the carrier without delay.

11. We reserve the right to prior sale and to withdraw from the contract where performance is impossible. Should goods be unavailable, we are entitled to withdraw from the contract or to supply goods of equivalent quality and price. In this case, we will inform you in good time prior to delivery.

12. The delivery dates stated for items in our online shop are provided for information purposes regarding typical delivery times and are not binding. In the event of significant deviations, we will inform you by email as soon as possible.
In the event of force majeure (e.g. acts of war, earthquakes, pandemics, etc.), specified delivery dates may be exceeded in individual cases if these events occur at the point of dispatch, at the supplier’s or manufacturer’s premises, along the delivery route or at the customer’s premises.

13. When ordering items that are not yet available at the time of ordering (e.g. new editions of aeronautical charts, calendars), we will charge the lowest possible postage costs for the subsequent delivery. If you wish to wait for your delivery until all items are available, please state ‘No partial deliveries’ in the comments section.

14. For all sales of items to private customers (“end customers”), a statutory warranty of 24 months applies from the date of dispatch of the goods, unless this is reduced for a specific item. Explicitly excluded are energy storage devices such as rechargeable batteries and standard batteries; in these cases, the warranty is limited to 1 year and is only valid if rechargeable batteries are charged using chargers approved by the manufacturer.
Should an item prove to be faulty within the warranty period, it will be repaired at our discretion or replaced with a new item of the same or equivalent type. In the event of warranty repairs carried out within the warranty period, the warranty period is extended by 12 months from the date of purchase.
Where this is not possible, the purchase price will be refunded. Any further claims for damages are excluded. Normal wear and tear, as well as damage caused by incorrect operation, etc., are excluded from warranty claims. Warranty claims are also excluded if the item has been modified (e.g. through alterations). Notwithstanding this, longer warranty periods and more extensive warranties may be provided by the product manufacturers.
The warranty period for commercial customers, such as companies, aviation-related businesses, associations, etc., ends 12 months after the item is dispatched (date of the delivery note or invoice, whichever occurs first).
If commercial customers encounter obvious defects or malfunctions during the installation or commissioning of an item, the customer is obliged to report this immediately in order to limit any damage that may arise. In particular, the seller expressly will not reimburse installation or removal costs, especially if, despite an obvious defect or malfunction, further work is carried out which necessitates increased effort during replacement.

15. Warranty conditions, e.g. for ‘ENDURANCE’ windsock covers
The warranty is valid for 12 months from the date of the delivery note or invoice. A later start date for the use of the windsock does not result in an extension or a later start date for the warranty; similarly, the warranty period for a windsock replaced under warranty begins on the date of delivery of the first windsock.
A prerequisite for the warranty claim is the prior return of the defective windsock as proof of the fault; the cost of returning the item is borne by the customer.
Only the following will be replaced: the ‘ENDURANCE’ windsock cover, of the same type as that supplied originally. We will cover the delivery costs to the customer within Germany. For deliveries abroad, the customer bears the full delivery costs.
No other costs will be covered, e.g. labour costs for replacing the windsock.

16. The goods supplied remain our property until full payment has been made; in the case of payment by cheque, until the cheque has been cleared.

17. The place of performance for delivery and payment is Gedern.

18. Your data will be stored electronically in our internal IT system for order processing. By placing an order, you consent to the storage of your data. We will only make order data available to third parties to the extent that this is essential for fulfilling your order, e.g. for direct dispatch from the manufacturer or necessary data that the delivery service provider needs to know. This also includes your telephone number and email address. We use your address to send you information material (e.g. email newsletters). You may object to this use of your data at any time.

19. The place of jurisdiction for traders is Büdingen, including in the event of debt collection proceedings. For all other customers, the place of jurisdiction is that applicable to their place of residence. The contractual relationship is governed exclusively by the law of the Federal Republic of Germany.

20. Should these General Terms and Conditions be legally invalid in whole or in part, the validity of the remainder of the contract shall remain unaffected. In such a case, the contracting parties undertake to find a provision that comes as close as possible to the economic purpose of the invalid provision.

 
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