Terms and Conditions (English)

Terms and Conditions of aeroLiFi GmbH 

 

  1. General
  1. It is agreed between aeroLiFi GmbH and the contracting partner that only these general terms and conditions apply to all contracts, deliveries, and other services. Deviating, conflicting, or supplementary agreements will not become part of the contract unless their validity is expressly agreed in writing. This consent requirement also applies if we carry out services for the customer unconditionally in the knowledge of the customer’s terms and conditions. 
  1. Our general terms and conditions also apply to all future contracts with the customer. 
  1. A consumer, as per these terms and conditions, is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. 

An entrepreneur, as per these terms and conditions, is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction. 

Customers, as per these terms and conditions, include both consumers and entrepreneurs. 

  1. Offer, Contract Conclusion, and Scope of Services
  1. Offers are always non-binding. All information included in the offer is subject to customary commercial deviations unless explicitly stated as binding. 
  1. Orders (purchases) only become binding with the written confirmation (order confirmation) of aeroLiFi GmbH. 
  1. The scope of services is determined by the written order confirmation of aeroLiFi GmbH. Ancillary agreements and amendments, in particular, require written confirmation from aeroLiFi GmbH. 
  1. Design and form changes to the goods to be delivered are reserved, provided that the item is not significantly altered and the changes are reasonable for the customer. 
  1. Measurements, weights, illustrations, and drawings, as well as other documents related to the offers, are only approximate unless explicitly stated as binding. 
  1. The conclusion of the contract is subject to the correct and timely supply by our supplier. This applies only if aeroLiFi GmbH is not responsible for the non-delivery, particularly in the event of a congruent hedging transaction with the supplier. The customer will be informed immediately about the non-availability of the service. Any advance payment will be promptly refunded. 
  1. We reserve ownership and copyright of illustrations, plans, drawings, calculations, execution instructions, product descriptions, and other documents. Such documents are to be used exclusively for contractual purposes and are to be kept confidential from third parties, even after the contract ends. The confidentiality obligation expires only when the information contained in the provided documents has become public knowledge. 

III. Purchase Agreement 

  1. Retention of Ownership
  1. In contracts with consumers, we retain ownership of the goods until full payment of the purchase price. In contracts with entrepreneurs, we retain ownership until all claims arising from the current business relationship are settled. 
  1. The customer is obligated to handle the goods carefully. If maintenance and inspection work is required, the customer must perform it regularly at their own expense. 
  1. The customer is obliged to inform us immediately of third-party access to the goods, such as in the case of seizure, and any damages or destruction of the goods. The customer must also notify us immediately of a change in possession of the goods and any change of residence. 
  1. In case of the customer’s contractual breach, especially in the case of delayed payment or breach of obligations as per sections 2 and 3 of this provision, we are entitled to demand the goods back, provided we have withdrawn from the contract. 
  1. The entrepreneur is entitled to resell the goods in the ordinary course of business. They already assign to us all claims arising from the resale to a third party up to the amount of the invoice. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur fails to fulfill their payment obligations properly and falls into arrears. 
  1. The processing or transformation of the goods by the entrepreneur is always carried out in our name and on our behalf. If the processing involves items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods we supplied relative to the other processed items. The same applies if the goods are mixed with other items that do not belong to us. 
  1. Prices, Payment
  1. The offered purchase price is binding for two weeks after the offer is issued by aeroLiFi GmbH. For deliveries to consumers, VAT is included in the final price. For deliveries to entrepreneurs as defined by tax law, the prices exclude VAT; in these cases, VAT will be added at the statutory rate on the day of invoicing and will be shown separately on the invoice. For shipments, the purchase price is understood as plus delivery and shipping costs, comprising postage and transportation costs, which are charged based on the rates of the shipping companies commissioned by aeroLiFi GmbH. No additional costs arise for the customer from using remote communication means to place the order. 
  1. Price changes are permitted if more than four months lie between the conclusion of the contract and the agreed delivery or collection date. If wages, material costs, or market purchase prices increase by the time of completion of the delivery or order item, aeroLiFi GmbH is entitled to raise the price appropriately in line with the cost increase. For consumers, the price increase is limited to a maximum of 5%. 
  1. Unless otherwise agreed, the customer undertakes to pay the purchase price within 30 days of invoicing and receipt of the goods. A discount, if agreed, will be granted. After this period, the customer will be in arrears. During the default period, the entrepreneur owes interest on the debt at 9% above the base interest rate. We reserve the right to claim higher damages due to delay. 
  1. The customer may only offset a claim or exercise a right of retention if the claim is undisputed or legally established. The right of refusal for consumers remains unaffected. The same applies to consumer rights of retention based on the same contractual relationship. In the case of delivery defects, the customer’s counterclaims, especially per clause III.6. of these terms and conditions, remain unaffected. 
  1. Payments can only be made by transfer to an account specified by us. Technical staff, drivers, and field service employees are not authorized to collect payments. 
  1. Delivery, Delivery Time
  1. Our delivery dates or deadlines are solely non-binding unless they have been expressly agreed upon in writing as binding between the customer and us. 
  1. If circumstances beyond our control delay the execution of orders, we will inform the buyer immediately and communicate the new expected delivery deadlines. If performance is unavailable within the new delivery period, we are entitled to withdraw from the contract wholly or partially; any advance payment from the buyer will be promptly refunded. 
  1. The occurrence of our delivery delay is governed by statutory regulations. However, a reminder from the buyer is always required. 
  1. Delay in Acceptance
  1. If the customer remains silent or explicitly refuses payment and/or acceptance without legal grounds after a reasonable grace period has been set in writing with a threat of withdrawal from the contract or a demand for damages instead of performance, the claim of aeroLiFi GmbH for contract fulfillment remains. Instead, aeroLiFi GmbH can withdraw from the contract and/or claim damages in place of performance as per section III.4.3. 
  1. If the delay lasts longer than a month, the customer must pay any incurred storage costs. aeroLiFi GmbH may also use a forwarding agent for storage. 
  1. As damages instead of performance in case of delay per section III.4.1, aeroLiFi GmbH may demand 25% of the purchase price without deductions, unless the customer proves that no damage occurred or that it is not as high as the flat rate. 
  1. In the case of particularly high damages, such as with custom-made products, aeroLiFi GmbH reserves the right to assert a higher proven damage amount instead of the flat-rate damage. 
  1. Transfer of Risk
  1. If the customer is an entrepreneur, the risk of accidental loss and deterioration of the goods passes to the buyer upon delivery, and for shipments, when handed over to the carrier, freight forwarder, or any other person or institution designated for the dispatch. Upon request of the entrepreneur, we will insure the goods against transport damage at their expense. 
  1. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods only passes to the customer upon delivery, even in cases of shipments. They bear the cost of transport insurance taken out by aeroLiFi GmbH. 
  1. The same applies if the customer is in default of acceptance. 
  1. Warranty
  1. If the customer is an entrepreneur, we initially fulfill warranty claims for defects in the goods at our discretion by repair or replacement delivery. 
  1. If the customer is a consumer, they have the choice of whether subsequent performance is to take the form of repair or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance is without significant disadvantages for the consumer. 
  1. We are entitled to make the owed supplementary performance contingent upon the customer paying the due purchase price. However, the customer is entitled to withhold a proportionate part of the purchase price in relation to the defect. 
  1. If the supplementary performance fails, is unreasonable for the customer, or was not performed within a reasonable period, the customer may demand a reduction in the price (reduction) or cancel the contract (withdrawal). However, the right of withdrawal is excluded for minor contractual deviations, especially minor defects. 
  1. Entrepreneurs must notify us of obvious defects within two weeks of receiving the goods and of hidden defects within the same period after discovery in written or text form; otherwise, warranty claims are excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of 

Consumers must notify us of obvious defects in writing or text form within 2 months                    after discovering the non-conforming condition of the goods. The relevant time for the observance of the deadline is the receipt of the notification by us. If the consumer fails to notify us, warranty rights will expire 2 months after their discovery of the defect. This does not apply in cases of fraudulent intent by aeroLiFi GmbH. The burden of proof for the time of discovering the defect lies with the consumer. If the consumer is induced to purchase the product through incorrect statements from the manufacturer, the burden of proof for their purchase decision lies with the consumer. 

  1. 6. Ifthe customer wishes to withdraw from the contract due to a legal or material defect after unsuccessful subsequent performance, they are not entitled to compensation for the defect. If the customer chooses compensation after unsuccessful subsequent performance, the goods remain with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently. 
  2. The warranty period is 2 years from delivery of the goods. This does not apply if the customer has notnotified us of the defect in a timely manner (Clause III.6.5 of this provision). This clause does not apply to goods that are used for construction works and cause its defects due to their intended use. 
  3. If the customer is an entrepreneur, the condition of the goods isgenerally only the product description by the manufacturer as agreed. Public statements, advertisements, or promotions by the manufacturer do not constitute a contractual description of the goods’ condition. 
  4. If the customer receives a defective assembly manual, we are only obliged to deliver a defect-free assembly manual, and thisonly if the defect in the manual prevents proper assembly. 
  5. The customer does not receive any guarantees in the legal sensefrom us. Manufacturer guarantees remain unaffected. Claims for damages or reimbursement of wasted expenses exist in the case of defects only in accordance with Clause V. and are otherwise excluded. 

 

  1. Contract for Work1. Prices, Compensation
  1. The compensation for the services owed under this contract is derived from the offer letter in connection with the order confirmation. The parties agree on a fixed price. Any information about the estimated number of hours in the offer is non-binding. Deviations from this neither lead to an increase nor a decrease in the owed compensation. 
  1. If the parties have not agreed on a fixed compensation, the compensation of aeroLiFi GmbH is based on effort. In this case, the applicable list prices and hourly or calculation laws of aeroLiFi GmbH at the time of the order apply; these can be viewed at the company’s office during normal business hours. Cost estimates are only non-binding cost approximations and do not represent a final statement regarding the amount of costs for effort and materials. 
  1. For services provided to consumers, VAT is included in the price. For services to entrepreneurs within the meaning of the VAT Act, the prices do not include VAT; it will be added to the invoice amount and shown separately on the invoice in these cases. 
  1. aeroLiFi GmbH can make the start of work conditional on the receipt of a deposit if a deposit has been agreed. Unless otherwise agreed in writing, the remaining compensation owed to aeroLiFi GmbH is due immediately upon acceptance or its fiction according to Clause V.3. A discount will be granted if agreed. aeroLiFi GmbH is entitled to invoice completed partial services before the overall service has been accepted. If the services rendered are not in accordance with the contract, the client may refuse payment of an appropriate part of the advance payment. 
  1. Payments can only be made by transfer to a bank account specified by us. Technical staff, drivers, and service employees in the field are not authorized to collect payments. 
  1. Execution of the Order; Acceptance
  1. Our performance dates/deadlines are exclusively non-binding unless explicitly agreed between the customer and us in writing as binding. 
  1. In the event of a contract being concluded with consumers both outside of aeroLiFi GmbH’s business premises and in the case of a distance selling contract, aeroLiFi GmbH is generally entitled to refuse performance until the statutory withdrawal period has expired (§ 355 Paragraphs 1 and 2 BGB). 
  1. If circumstances beyond our control delay the execution of taken orders, we will inform the customer immediately and simultaneously provide the new estimated performance dates/deadlines. If the performance is not available even within the new delivery period, we are entitled to withdraw from the contract, in whole or in part; any performance already made by the customer will be refunded immediately. 
  1. The occurrence of our delay is determined according to the statutory provisions. In any case, however, a reminder by the customer is required. 
  1. The order will be carried out on-site at the customer’s premises or at aeroLiFi GmbH’s workshop. 
  1. The customer is obliged to accept the contractually compliant services immediately upon notification of completion by aeroLiFi GmbH. For this purpose, aeroLiFi GmbH will request the customer to inspect the service within two weeks of completion and declare acceptance. After the two weeks, aeroLiFi GmbH will grant the customer an additional two weeks to make a clear declaration; otherwise, the work is deemed accepted if the customer has not refused acceptance with at least one defect. Along with the request for acceptance, a consumer must be particularly informed in writing about the significance of their behavior. 
  1. If the customer does not formally accept the essentially defect-free completed services of the contractor despite a corresponding request, acceptance may also be implied through the intended use of the work or by any other behavior from the customer that can be interpreted as acknowledgment of the performance as essentially in accordance with the contract. 

 

 

  1. Packaging Order
  1. The proper execution of the packaging order requires that the goods to be packed are in a prepared and suitable condition for the execution of the order and are provided on time. Unless otherwise agreed in writing, especially corrosion-prone parts must be cleaned and treated with suitable corrosion protection agents. Furthermore, the customer must have provided accurate written information about the weight and other special characteristics of the goods. This includes, in particular, information about the center of gravity and, for crane work, the points of attachment. Hazardous goods must be declared in writing with all necessary information. 
  1. The customer must inform us in writing of any additional special treatment required for the goods to be packed. For example, we must be informed of any additional corrosion protection procedures that need to be applied. 
  1. The client must notify us in writing or text form of any special risks arising from legal regulations and transport requirements (e.g., bulk carriers) due to excessive container and packaging loads or potential environmental influences during storage. 
  1. The client is responsible for translating packing lists into foreign languages. 
  1. Unless otherwise agreed, the packaging will be done at our premises. The client is responsible for the timely transport of goods to and from our premises. If a packaging order needs to be carried out outside of our premises, the client must provide adequate space, energy, and the necessary lifting equipment including personnel for the efficient and proper execution of the packaging order free of charge. 
  1. The necessary marking information must be provided to us in writing or text form in time before the packaging order is executed. 
  1. The customer is responsible for ensuring the adequate insurance of the goods to be packed or packed (e.g., transport, storage, fire insurance). If we are to take out insurance for the customer, a separate written agreement must be made. The costs involved are not included in our prices and must be borne by the customer separately. 
  1. If part of our packaging service involves applying adequate corrosion protection in accordance with the state of the art, the agreed conservation period from the packaging date must be observed. No durability guarantee is given with this agreement. We are not liable for corrosion cases after the agreed conservation period has expired. If the client instructs us to package items already packed by the client or third parties, liability for corrosion damage is excluded unless we have expressly agreed to apply corrosion protection. The same applies to the packaging of used packaging items. 
  1. aeroLiFi GmbH commissions transport companies only in the name and on behalf of the customer. The risk passes to the customer upon handover of the packed goods. aeroLiFi GmbH is only responsible for the timely handover to the transport company in the case of any agreed delivery deadlines. 
  1. Pledge Right; Right of Retention; Set-Off
  1. Any existing legal pledge or right of retention extends to all claims of aeroLiFi GmbH arising from current and previous orders for repair, inspection, or customer service, as well as any claims for other services related to the subject of the order, which are due at the time of the formation of the pledge or right of retention. 
  1. The customer may only set off or exercise a right of retention with respect to a claim if the claim is undisputed or has been legally established. The refusal to perform rights of consumers remain unaffected. The same applies to retention rights of consumers based on the same contractual relationship. In case of performance defects, the counter-rights of the customer, especially according to Section IV.5. of these General Terms and Conditions, remain unaffected. 
  1. Claims for Defects
  1. If there is a material or legal defect, aeroLiFi GmbH is entitled, at its discretion, to rectify the defect by either eliminating it or by manufacturing a new item. The customer has no right to demand a specific form of rectification. If the agreed compensation has not been paid in full or in part, aeroLiFi GmbH may make the rectification dependent on the customer paying an appropriate portion of the compensation, considering the asserted defect. 
  1. The customer is entitled to reduce the payment or withdraw from the contract and claim compensation instead of performance in accordance with the provisions of Section V if aeroLiFi GmbH seriously and finally refuses rectification according to Section IV.4.1., or if the form of rectification chosen by aeroLiFi GmbH has failed or is unreasonable for the customer, or if the customer has unsuccessfully set a reasonable deadline for rectification. 
  1. Claims for withdrawal from the contract and compensation instead of performance are excluded if the asserted defect relates to construction work or if the suitability of the performance for the contractual purpose or the usual use of such performance is only marginally impaired, and aeroLiFi GmbH has not provided a warranty for the performance to be carried out. 
  1. Limitation of Liability
  1. In the case of slight negligence, our liability is limited to the foreseeable, contract-typical, direct average damage according to the nature of the service. This also applies to slight negligence by our legal representatives or vicarious agents. We are not liable for slight negligence in the case of non-essential contractual duties when dealing with entrepreneurs. 
  1. The above limitations of liability do not apply to claims arising from product liability. Furthermore, the liability restrictions do not apply to bodily and health injuries or loss of life attributable to us. 
  1. Final Provisions
  1. The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply. 
  1. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance for all claims under this contract is our place of business. 
  1. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or if their residence or habitual place of residence is not known at the time the action is filed. 
  1. Should any individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The content of the contract will then be governed by the statutory provisions. If no corresponding statutory provision is available or if this would lead to an unacceptable result, the invalid provision shall be replaced by a provision agreed upon by the parties that comes as close as possible to the economic purpose of the invalid clause. 

VII. Right of Withdrawal and Return 

  1. Consumers have a statutory right of withdrawal when entering into a contract outside the business premises of the entrepreneur or when entering into a distance contract, which aeroLiFi GmbH informs the customer about according to the statutory model below. Exceptions to the right of withdrawal are regulated in paragraph # 
  1.  A model withdrawal form can be found in paragraph 3. 

Withdrawal Notice 

 
Right of Withdrawal 
You have the right to withdraw from this contract within fourteen days without giving any reason. 
The withdrawal period is fourteen days 

  • from the day of the conclusion of the contract in the case of a contract for the provision of services and/or 
  • from the day you or a third party named by you, who is not the carrier, took possession of the last good in the case of a consumer goods purchase. 
    To exercise your right of withdrawal, you must inform us, aeroLiFi GmbH, Argelsrieder Feld 22, 82234 Weßling, Tel.: 08153 9999810, E-Mail: info@aerolifi.com, by means of a clear declaration (e.g., a letter sent by post, email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory. 
    To meet the withdrawal deadline, it is sufficient for you to send the notification about the exercise of the right of withdrawal before the withdrawal period expires. 

Consequences of Withdrawal 
If you withdraw from this contract, we will refund all payments we have received from you, excluding the delivery costs, without undue delay and no later than fourteen days from the day we receive the notice of your withdrawal from this contract. We will use the same payment method that you used for the original transaction, unless we have expressly agreed otherwise; in no event will you be charged any fees for this refund 

We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. 

In the event of a return due to the exercise of the right of withdrawal, the customer is responsible for covering the shipping fee associated with the return shipment. 

You will only be liable for any loss of value of the goods if this loss of value is due to handling the goods in a way that was not necessary to examine the nature, characteristics, and functioning of the goods.  

If you requested that services start during the withdrawal period, you will be required to pay us an amount that corresponds to the part of the services already provided up to the time you informed us of your decision to withdraw from the contract compared to the total scope of the services provided for in the contract. 

  1. The right of withdrawal does not apply 
    a. to contracts for the supply of goods that are not pre-manufactured and for the production of which an individual choice or determination by the consumer is significant or which are clearly tailored to the personal needs of the consumer, and 
    b. to contracts in which the consumer has expressly requested the entrepreneur to visit for urgent repair or maintenance work; this does not apply to additional services provided during the visit that the consumer has not explicitly requested, or to goods delivered during the visit that are not necessarily needed as replacement parts for maintenance or repair. 
    The right of withdrawal expires in the case of a contract for the provision of services if the entrepreneur has fully performed the service and began the execution of the service only after the consumer had given their express consent and confirmed their awareness that they would lose their right of withdrawal once the entrepreneur has fully performed the contract. 
  1. aeroLiFi GmbH provides information on the model withdrawal form as required by law as follows: 

Model Withdrawal Form 
(If you wish to withdraw from the contract, please fill out this form and send it back.) 

To: 
aeroLiFi GmbH 
Argelsrieder Feld 22, 82234 Weßling 
Phone: 08153 9999810 
Email: info@aerolifi.com 

I/We hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (*): 

Ordered on ()/received on (): _____________________ 
Name of the consumer(s): _____________________ 
Address of the consumer(s): __________________________________________ 

Date: ______________ 

 

Signature of the consumer(s) (only if communicated on paper)