Valid for the business division radial engines / accessories for radial engines / propellers
Objective of these terms and conditions: Our goal is to ensure you the best service possible that stands out from other suppliers. At the same time it has proven inevitable to lay down certain rules, so that both business partners know which rights and obligations result in a business transaction.
§ 1 Applicability
(1) These terms and conditions apply to all contracts concerning radial engines / accessories for radial engines / propellers between us
and you as our customer. The terms and conditions apply irrespectively whether you are consumer, entrepreneur or businessperson.
(2) All agreements made between you and us in connection with the sales contract result in particular with these terms and conditions, our price offer as well as our written order confirmation per e-mail and/or shop system, cf. § 2 para 4.
(3) Authoritative are the terms and conditions valid at the time of conclusion of the contract.
(4) Deviating conditions of our customers are not accepted. This also applies if we don’t explicitly object.
§ 2 Conclusion of Contract
(1) The presentation and promotion of articles on our website does not constitute a binding offer for the conclusion of a sales contract.
(2) You get in contact with us; we advise you and send you a customized price offer with a detailed description of radial engines, accessories for radial engines, propellers or products including all options, shipping costs and delivery dates.
(3) You check this offer, inform us about any change requests and place an order.
(4) Then you will receive an order confirmation from us with all important facts. Only then the contract is sealed.
(5) If the delivery of your product is not possible, e.g. because it is out of stock, we will refrain from sending an order confirmation. In this case the contract will not be concluded. We will inform you immediately.
§ 3 Right of Revocation
(1) If you are a consumer (an individual person who places an order for a reason that is neither for commercial nor self-employed work), you are by law entitled to a right of revocation.
(2) If you use your right of revocation as a consumer in accordance with section 1, you must bear the regular return shipping costs, if the delivered products match the ordered products.
(3) For all other cases the following rules apply to the right of revocation, individually described in the following
Right of Revocation
You can withdraw from the contractual agreement without having to provide a reason for doing so within 14 days in writing (e.g. letter, fax, e-mail) or – if the products are at your disposal before the end of the deadline – also by returning the products. The deadline begins after receiving this written instructions, however not before the products are received by the recipient (for repeat orders of identical products not before the first part delivery is received) and also not before fulfilling our duty to provide information; according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to §312g paragraph 1 clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the products shall be deemed sufficient for compliance with the revocation term. The revocation is to be directed at:
Consequences of revocation
When the revocation is effective both parties must return all products and payments and possibly uses made thereof (e.g. interest). Should you not be able to return the products and payments as well as uses made thereof (e.g. benefits of use) either in total or in parts or only in bad condition, you must compensate us. For the deterioration of the products and the uses made thereof you must only compensate us if the use or the bad condition surpasses the result of using the products only for testing its features and functionality. "Testing the product’s features and functionality" means testing it just as it is possible and common in a retail shop. Products that can be sent by parcel shipment are to be returned at our risk. You must bear the shipping costs, if the delivered products match the ordered products. In all other cases the return shipping costs are free of charge for you. You must satisfy obligations to reimburse payments within 30 days. The deadline begins for you with the sending of your declaration of revocation or the products, for us with the receiving thereof.
(4) The right of revocation does not exist for distance selling contracts.
(a) For the delivery of products made for customer specifications or clearly customized for personal requirements or that are not suitable for returning because of their texture or because they are easily perishable or would be past their expiration date.
(b) For the delivery of audio or video recordings or of software if the seal is broken.
§ 4 Exchanging products
(1) Exchange rights are not granted.
(2) If a return is granted in an individual case, the standard cost is 150,00 Euro, as the engine has to be checked completely to ensure that it is free of damage.
Possibly required exchange parts to restore the unworn mint condition will be charged separately.
§ 5 Prices/Shipping costs
§ 6 Terms of Payment
§ 7 Delivery/Dates of delivery
(1) Our delivery is shipped ensured. We are free in the choice of the delivery service.
(2) The delivery dates are specified in the offer and are only approximate dates.
Operational and transport disruptions and other cases of force majeure release us from the appointed delivery period as well as the obligation to complete order fulfillment.
§ 8 Reservation of Propriety
The products remain our property until complete payment has been made.
This also applies if the delivered products are processed, changed or sold to a third party.
§ 9 Product changes / Product descriptions
§ 10 Warranty
When manufacturing a drill pattern according to standards imposed by the customer, any warranty is excluded with respect to defects/damages due to the drill pattern specified by the customer.
§ 11 Maintenance recommendation for MOKI radial engines
It is highly recommended to send radial engines in once a year for inspection.
The inspection includes assessment of the condition. Charges will be made according to expenses against proof.
§ 12 Exclusion of liability
(1) We shall be liable to you in all cases of contractual or non-contractual liability in case of intent and gross negligence in accordance with statutory provisions for compensation for damages or reimbursement for futile expenses.
(2) In all other cases – unless specified otherwise under paragraph 3 – we shall be liable only for violation of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible and on the observance of which you, as a customer, can rely regularly (the so called cardinal duty) namely limited to the replacement of predictable and typical damage. In all other cases our liability is excluded subject to the provisions in paragraph 3.
(3) Our liability for damages arising harm to life, body or health and according to the German Product Liability Act, remains unaffected by the foregoing limitation and exclusion of liability.
(4) We will have no reliability for damages which are due to the fact that the customer has made changes to the radial engines, accessories for radial engines, propellers or other products in comparison to the delivery status.
(5) To evaluate the cause of damage the product shall be made available to us. Of course it remains your property.
§ 13 Obligations of the customer/Warnings
The use is intended only for airplane model construction.
§ 14 Contents of the Website / Links
§ 15 Copyrights
We own the copyrights to all pictures, films and texts that are published on our website.
Usage of pictures, films and texts without our explicit approval is not permitted.
§ 16 Applicable Law andJurisdiction
(1) The law of the federal republic of Germany applies with the exclusion of the UN purchasing law. If you placed the order as a consumer and have your habitual residency in another country at the time of your order, the application of mandatory legislation of this country remains unaffected from the chosen governing law in sentence 1.
(2) If you are a business person and are based in Germany at the time of your order, the sole court of jurisdiction is the head office of the seller, 71560 Sulzbach. In all other cases the local and international jurisdiction of the applicable statutory provisions applies.
§ 17 Information about the OS-complaint-platform
The European Commission has installed a platform (hereafter “OS-platform”) that should ensure an independent, impartial, transparent, effective, fast and fair out-of court online settlement of disputes between consumer and contractors. We are legally bound to publish a link to the OS-platform as well as our e-mail-address on our website.
(1) The link is: http://ec.europa.eu/consumers/odr/.
(2) Our e-mail-address is: info(at)heilemann-sternmotoren.de
(3) We are not connected to any national dispute settlement body.
§ 18 Analytical Services
Our website uses Piwik, a so-called web analytical service. Piwik uses “cookies”, text files that are saved on your computer and that help us analyze the usage of our website. For this purpose, usage information created by the cookie (incl. your shortened IP-address) are sent to our server and saved for usage analytical purposes. This helps us to optimize our website. Your IP-address is immediately anonymized during this process, so that you as a user stay anonymous for us. The information created by the cookie about your usage of our site will not be passed on to a third party. You can prevent the cookies’ usage by adjusting your browser software accordingly. However, it is possible that you may not be able to use our website to the full extent.
If you disagree with the saving and evaluation of this data, you can object by mouseclick at any time. In this case an “opt-out-cookie” is saved on your browser. That means, Piwik will not collect any session data.
You can decide whether an explicit web analysis cookie may be saved on your browser, to enable the website’s operators to collect and analyze different statistical data. If you would like to object, please click the following link, to save the Piwik-deactivating-cookie on your browser.
The terms and conditions above are valid since March 30, 2014.