1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers through our online shop www.ikarus.net (the „Internet Shop“) shall be governed by these general terms and conditions of sale. (2) The product offerings in the Internet Shop are directed to both Consumers and Business Customers, but in each case only to end users. For the purpose of these General Terms and Conditions: (i) is a „Consumer“, any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and ii) is a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code). (3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case. (4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant. (5) Please note the allocation of the countries to the individual stores. Orders from the Shop UK can only be shipped to England. Orders from the Shop U.S.A.can only be shipped to America or Australia. Variations must be agreed in writing.
2. Conclusion of Contract
(1) Our offerings published in the Internet Shop are non-binding. (2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer. (3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance. (4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process. (5) Please note the allocation of the countries to the individual stores. Orders from the shop UK can only be shipped to England. Orders from the Shop U.S.can only be shipped to the U.S. or Australia. Variations must be confirmed in written form.
3. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer. In case of tax free sales into foreign countries country-specific taxes, duties and other levies could accrue. (2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment or shall be paid cash on delivery (plus 2,00 Euro cash on delivery fee), in each case upon receipt of an invoice. There are separate postage and delivery charges for shipping abroad. For orders with less than 25,00 Euro value we charge a supplement of 2,50 Euro.
Our national and international delivery charges:
• Orders up to 25 Euros value: 5,50 Euro delivery charges within Germany
• Download goods: no delivery charges
• 12,00 Euro delivery charges: within Austria, Belgium, Denmark, Netherland, Luxembourg and France
• 15,00 Euro delivery charges: within Swiss, Czechaslovakia, GB, Hungary
• 20,00 Euro delivery charges: within Irland, Italie, Poland, Finnland, Slovak Republic, Slovenia, Norway, Sweden, Portual, Lettland, Greece, Russia
• 40,00 Euro delivery charges: all other countries
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer upon receipt of the product and the invoice immediately.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
Cancellation policy / Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (IKARUS – Flight Simulator, Breslauer Str. 46b, 78166 Donaueschingen Tel.: 0049/(o)771-922 690-0 Fax: 0049/(o)771/922 690-75, Email: info@ikarus.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You pay the cost of returning the goods.
End of cancellation policy
4. Dispatch of the Product (1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products specified as „in stock“ (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract. (2) In the event that the product has, upon placement of the offer by the Customer, been identified in the Internet Shop as „in stock“ and advance payment has been agreed upon, we will keep sufficient quantity of the product in stock during a period of five business days following our acceptance of the order; unless payment is received by us within such period, we shall be free to otherwise sell the product. In such case, we shall dispatch the product during such period of five business days only as long as a sufficient quantity of the product is in stock. Otherwise, a period of three weeks as from the receipt of payment shall be deemed to be agreed upon for the dispatch of the product. (3) In the event that our supplier fails to deliver in a timely manner any products which were identified on the offer page in the Internet Store (at the time of the order) as „out of stock“ or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall be extended until delivery is made by our supplier plus an additional period of two business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply the products is not a result of our fault or negligence. (4) In the event that the product is no longer available, or cannot be timely delivered, for any of the reasons set out in subsection 3, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Setion 9 of these General Terms and Conditions.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. (2) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier. (3) We shall insure the product against the usual risks of transportation at our cost and expense.
6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid. (2) The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.
7. Warranty
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. If our second attempt to repair a defect does not succeed, the customer has the right to demand delivery of a defect-free product, to withhold part of the purchase price, or to rescind the contract. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs. (2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions. (3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product. (4) The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
8. Intellectual Property Rights
(1) The Customer is granted the non-exclusive right to use any software delivered with the product for use in connection with the product. (2) The Customer shall have no right to make copies of the software, except for the purpose of the use of the software pursuant to Section 8 (1) or for back-up purposes. (3) The Customer may transfer the rights to the software to any third party only if at the same time title to the relevant product (in particular, a hardware product) is transferred to such third party and the Customer does not retain any copy whatsoever of the software. (4) In no event shall we be required to make available the source code of the software.
9. Liability
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to (5)% of the aggregate purchase price (including VAT). (3) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence. (4) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
10. Data Protection
The personal data provided by the Customer at the beginning of, or during the course of, business dealings shall be processed and, in particular, stored in compliance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz). The Customer is entitled to have his or her personal data deleted or corrected at any time. Personal data shall not be passed on to third parties. In order to process and carry out orders as quickly as possible, the Publisher requires the following data: complete name, e-mail address, telephone number, delivery address and, if a direct debit is used, the Customer’s bank sort code and account number. We require the Customer’s e-mail address and telephone number in order to update the Customer on the status of his or her order and to contact him or her if there are any difficulties with the consignment. The Customer should notify the Publisher in writing if he or she wishes his or her personal data to be deleted or altered. IKARUS Flight Simulator, Breslauer Str. 46b , 78166 Donaueschingen, E-Mail: info@ikarus.net
11. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. (2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Donaueschingen shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
12. Disclaimer for external links
Our pages contain links to external third-party websites. We have absolutely no influence on these websites and can therefore assume no responsibility for their content. The providers or operators of the websites to which links are provided are solely responsible for the content of these pages. Since we have no influence on the compliance with data protection regulations by third parties, you should review the privacy statements of each offered separately.
13. Image Copyright
All image rights are held by IKARUS Flight Simulator, or its partners. Use without written permission is forbidden.
IKARUS Flight Simulator
– Nina Weigmann –
Breslauer Str. 46 b
D-78166 Donaueschingen
Tel.: +49 (0)771/922 690-0
Fax: +49 (0)771/922 690-75
E-Mail: info@ikarus.net
Homepage: www.ikarus.net
TAX number: 22198/14414
USTID-Nr: DE306577003
WEEE-REG-Nr. DE32404284