Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (bordbar design GmbH) via the website www.aviationtag.com. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation)and after entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective Sofort payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the Sofort payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
(4) Your inquiries for creating an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by spam filters.
§ 3Individually Customized Goods
(1) You shall provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email no later than immediately after the conclusion of the contract. Any specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (especially copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims made by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not verify the transmitted data for accuracy and therefore assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(2) SEPA Direct Debit
By paying via SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account by the due date. In the event of a returned direct debit due to your fault, you must bear the incurred bank fee.
(3) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be informed separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Stripe"
When selecting a payment method offered via "Stripe," the payment processing is handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "Stripe" may use additional payment services; if special payment conditions apply, you will be informed separately. More information about "Stripe" can be found at https://stripe.com/de.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed upon if you were informed of it by us before submitting the contract declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply deviating from the above:
a) Only our own specifications and the manufacturer’s product description are considered agreed as the condition of the goods, but not other advertising, public praise, or statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless something else results particularly from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us attributable to injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for goods that have been used according to their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims you have against us in connection with defect rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is unknown at the time the lawsuit is filed. The right to also bring the case before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer information
1. Identity of the seller
bordbar design GmbH
Daimlerstr. 21
50859 Cologne
Germany
Phone: 0221-7090500
Email: support@aviationtag.com
Alternative dispute resolution:
We are neither willing nor obliged to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping is promised.
5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
5.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated from outside the European Union.
5.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person responsible for the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipping are at your risk.
7. Statutory warranty law
The warranty liability is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 29.11.2023