General Terms and Conditions of Business of the Günter Köllner Embedded Development GmbH
The following general terms and conditions (ToC) apply to the online shop for the URL "www.jetvision.de" as well as to its subpages (hereinafter "jetvision"). jetvision is operated by the Günter Köllner Embedded Development GmbH.
Jetvision distributes air traffic monitoring devices (receivers) and accessories as well as services with which certain aircraft can be found and tracked. The receivers shall neither be used nor intended to be used for the purposes of aviation safety. They do not meet the requirements for aviation safety and have not passed a test procedure in this respect. Therefore, no expressed guarantee is given for the accuracy of the recorded data.
Jetvision recommends printing or save these terms and conditions as well as the other legal and contractual texts for documentation purposes of the respective business transaction.
Jetvision does not provide comprehensive storage of the contract texts for the respective business transaction.
Structure of the General Terms and Conditions:
A. General Provisions
B. Special Provisions for the use of Additional Services
C. Special Provisions for Consumers
D. Special Provisions for Businesses
1.1 These Terms and Conditions shall apply to all contracts which the customer concludes with jetvision through the goods presented in this online shop.
1.2 The customer's own terms and conditions of business shall not apply here, unless otherwise agreed to in writing (§ 126 BGB) through a representative of GKED GmbH.
1.3 A "Customer" in the sense of these General Terms and Conditions is understood to mean both consumers and businesses.
1.3.1 A consumer according to § 13 BGB is any natural person who enters into a transaction for purposes which cannot be primarily attributed to a commercial or a self-employed professional activity.
1.3.2 A business according to § 14 BGB is any natural or legal person or a legal partnership, which is concluding a legal transaction in their commercial or professional capacity.
1.4 All products and services that can be acquired at jetvision are defined as goods in the terms of these.
1.5 jetvision can be contacted by mail via the official address of the Günter Köllner Embedded Development GmbH, legally represented by its managing director Günter Köllner, Am Rain 24, 85256 Vierkirchen or by e-mail: [email@example.com], by telephone [+49 8139 9961909] as well as by fax: [+49 8139 9961906].
2.1 The goods presented by jetvision in the online shop do not constitute legally binding offers for the conclusion of the contract, but serve as an invitation to the customer to submit a binding contract offer (so-called invitatio ad offerendum / invitation to submit an offer).
2.2 The delivery of the purchase offer by the customer is made by means of purchasing the item in the shopping basket by clicking on the "Buy" button. The customer is bound to this purchase offer for 14 days after placing the order. A purchase offer can also be submitted by the customer by e-mail / fax / telephone (see 1.5). Jetvision is entitled to refuse the purchase offer of the customer until acceptance.
2.3 The acceptance of the contract takes place by shipping the goods or a written confirmation, whichever takes place first. An order confirmation serves exclusively for documentation purposes of the order and the fulfilment of the statutory obligations by jetvision in accordance with § 312g Abs. 1, p. 1, No. 3 BGB, but does not constitute a contract acceptance by jetvision. The declaration of acceptance of the contract by jetvision is expressly made in text form with the shipping confirmation. At the latest the acceptance of the contract is confirmed by shipping the goods to the customer.
3.1 The customer confirms to be of age and, if necessary, authorized to act, and to give all the information necessary for the conclusion of the contract and, if necessary, to notify all the contract partner of changes relevant to the contractual relationship without delay, in particular a change of residence or name.
3.2 Order processing and notifications are generally done through e-mail or automated order processing. The customer therefore must specify a valid e-mail address for the order processing, where e-mails sent by jetvision can be received.
In particular, it is also the responsibility of the customer to ensure that access to the e-mails sent by jetvision is not impaired by the use of a SPAM filter or similar technical equipment.
3.3 The customer is not to give his customer account, his password or other access data to third parties, or share the account with them.
4.1 The indicated prices in the jetvision online shop are total prices (final prices), i.e. they include all price components, including German VAT. It should be noted that in the case of deliveries to countries outside the European Union, additional costs may arise, in particular taxes, customs and duties, or that the statutory German VAT may be not deductible.
4.2 Jetvision offers the following payment methods in the webshop: Paypal, PayPal Express, SEPA transfer (payment in advance), Cash on delivery (COD) and Credit Card.
5.1 The goods will be dispatched upon receipt of the invoice, as soon as the invoiced amount has been credited to jetvision. The goods will be shipped to the delivery address indicated by the customer. The decision about the shipping route will be made by jetvision. The delivery time is usually from receipt of payment inland 1-3 days, unless otherwise stated in the product description. Jetvision will immediately inform the customer if a longer delivery time is foreseeable.
5.2 The address indicated by the customer or saved the customer account is decisive for order processing as the delivery address.
5.3 If a delivery to the customer is not possible, and if the contracted transport company returns the goods to jetvision, the customer has to bear the costs for the unsuccessful delivery. This does not apply if the customer was only temporarily prevented from accepting the offered service, unless jetvision had notified the customer a reasonable period of time beforehand, or if the customer uses his revocation rights as a consumer according to C.2. of these General Terms and Conditions.
5.4 A procurement liability is not assumed by jetvision. Jetvision is only obliged to deliver from its stock. The obligation to deliver does not apply if, despite a binding legal transaction, jetvision is not properly and supplied with the goods in time, jetvision is not responsible for this circumstance and the customer will be informed immediately by jetvision in this case. In the case of such non-availability of the goods, any advance payments will be reimbursed without delay on a bank account provided by the customer.
5.5 The standard shipping costs can be seen on the current shipping costs list under "Worldwide shipping / shipping costs, customs". Exceptions from the costs stated there are communicated to the customer before the calculation of the total, e.g. in the form of an offer or a pro forma invoice.
The goods remain the property of jetvision until they are fully paid for.
7.1 jetvision owns the copyright rights to images, films and texts of this website. The use of these pictures, films and texts by third parties is therefore subject to the explicit consent of jetvision.
7.2 Further rights to programs, evaluations, descriptions, forms, teaching materials, systems, program interfaces, databases and other works and know-how which go beyond the contractually agreed right of use, in particular copyrights, are reserved. For the SaaS services, the special provisions of para. B. applies.
7.3 The customer is obligated to refrain from anything that can compromise the rights of jetvision. In particular, the customer shall ensure that third parties can not infringe those rights.
The protection of privacy is an important concern when processing personal data for jetvision. The information collected from the customer will be processed in accordance with the provisions of the EU-GDPR and Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and other legal provisions applicable to electronic commerce. The information supplied by the customer when creating the customer account and orders is mainly used for order processing, the delivery of goods and the payment processing by jetvision.
Further information and data protection details are available at [Datenschutz] at jetvision.de.
Jetvision offers service packages, in addition to the purchase of the receiver device with the integrated software, through a jetvision-hosted cloud service (software as a service / SaaS), through which the customer can receive additional services.
1.1 The description of the services (subject, content, scope, technical data, characteristics, specification, version, configuration, etc.) is derived from the product description in the online shop or the wiki pages.
1.2 The description of the services is intended solely as a description of the nature and not as an assurance of certain properties or as a guarantee. Statements by jetvision regarding these services are only feature guarantees or warranties in the case when these are made in writing (§ 126 BGB) and are expressly referred to as an "assurance" or "guarantee".
1.3 Providing partial services and / or services early by jetvision is permitted within the scope of the services, as long as the customer can be expected to tolerate them.
1.4 jetvision provides additional services as a service and not as work.
2.1 jetvision provides the SaaS to the customer according to the ordered performance package and during subscription time for the SaaS specified there. The customer's right to use the SaaS is valid worldwide, subject to any limitations in the product description.
2.2 The Customer is prohibited from sublicensing, licensing, selling, leasing, renting, or otherwise providing SaaS services to any third parties unless this use happens for users authorized by the customer according to clause B. The customer is responsible for the actions and omissions of the users as well as for his own faults.
2.3 jetvision or its licensors are the owners of all rights, titles and claims for all copyrights, trademarks, patent rights and other intellectual property rights or other rights forthe SaaS as well as all work results and all further developments, design contributions or derived works, developed by one of the contract parties or on the basis of the SaaS.
Unless otherwise agreed on, the customer shall be granted the non-exclusive right to use the work results in connection with the use of the SaaS under the terms of clause B. of these Terms of Service. Except for the restricted rights expressly granted in clause B does not transfer ownership or use rights to the SaaS from jetvision to the customers. All rights, expressly granted to the customer in clause B, are reserved for jetvision and its licensors.
2.4 When using the SaaS, the customer shall be prohibited from doing the following and the Customer shall also ensure that any third parties authorized by him are prohibited from doing the following:
(A) copying, translating, disassembling, decompiling, re-developing or otherwise modifying any portion of the SaaS;
(B) transferring content, data or information that is illegal, harmful, threatening, malicious, offensive, harassing, unlawful, libellous, vulgar, obscene, offensive, hateful, discriminatory, infringes the privacy of third parties, offensive to certain races or ethnic groups or is objectionable in any other way;
(C) violates the rights of a natural or legal person to the respective intellectual property;
(D) the disruption or interruption of the jetvision software or jetvision systems through which the SaaS is hosted, or any other device or network connected to the SaaS, or any failure to comply with any requirements, procedures, policies or regulations of the networks connected to the SaaS of which the customer was notified;
(E) the use of the SaaS for commercial purposes, in particular for providing services, for the purpose of outsourcing or time-sharing services. Exceptions to this must be confirmed in written form by at least one authorized representative of Günter Köllner Embedded Development GmbH.
(F) providing links or making them available, hypertext (URL [Universal Resource Locator] addresses), or similar elements (other than a "bookmark" in a web browser) on the Site or in the SaaS or parts thereof;
(G) circumventing user authentication or security functions of the Site or SaaS or any related host, network, or account;
(H) using a different application programming interface to access the SaaS than that provided by jetvision;
(I) use of the SaaS in any manner that is contrary to applicable laws or regulations at the local, state or federal level or against international or foreign laws or regulations; Or
(j) authorizing a third party to use the user identifications, codes, passwords, procedures, and user keys issued or selected by the customer for access to the SaaS, other as defined for authorized users in accordance with this individual agreement.
(K) in the case of private use, to switch off or bypass the tracking technology.
2.5 jetvision is entitled to check compliance with the provisions by the customer, if necessary, by means of appropriate technical measures.
2.6 jetvision is entitled to refuse or discontinue services individually, partially or altogether, in particular in the context of the SaaS, to deactivate all user names and passwords of the customer, if or as far as
(A) there is a material breach of contract by the customer which is not remedied within one month after receipt of a written request by jetvision, or
(b) for reasons of public security, network security, maintaining network integrity, interoperability of the services, data protection or fighting against illegal or inappropriate content, or
(C) if there are concrete indications that the customer is in breach of one of his obligations according to para. B 2.4; Or
(D) if the continued use of the SaaS by the Customer, in particular of Customer Data, the content or the SaaS itself may incur damages (including the systems used to provide the SaaS), could harm other jetvision customers or result in violation of applicable law or the rights of third parties.
In the case of a refusal of services based on the above points, no claim for compensation can be made by the customer.
2.7 jetvision has no obligation to check or monitor the data of the customer or the content through the provisions in this paragraph. jetvision is entitled to delete any illegal or unlawful data of the customer in the event of infringement of para. B 2.4 and B 2.6.
3.1 jetvision provides support according to the booked performance package.
3.2 jetvision uses security technologies (e.g. certificates, encryption, password protection, and firewall protection) to deliver the SaaS to an economically reasonable extent.
3.3 jetvision guarantees a system availability of at least ninety-nine percent (99%) for the respective calendar month. If, within a calendar month, jetvision does not reach ninety-nine percent (99%) system availability, the customer is entitled to a pro rata refund of the usage fee. Exempt from this is maintenance work on the server, which has to be announced to the customer with a notice period of two weeks.
4.1 jetvision reserves the right to make technical, design or functional modifications to the services, even during the SaaS subscription time, provided that
(A) the service requirements described in the terms of the service are essentially met and
(b) the modification is expected to be acceptable for most customers (hereinafter referred to as "minor modifications").
4.2 The authorization for jetvision to make non-essential modifications includes in particular the right to:
(A) no longer support outdated or unusual file formats, third party software or technical systems;
(B) modify, replace or deactivate non-essential functions;
(C) to modify the user interfaces as far as is necessary or useful for providing the services; (D) modify the requirements for the customer's systems, as far as this is necessary or useful for the purpose of the contractual service performance.
5.1 The contract duration is at least one month, months that have started count as a whole month.
The notification period for a contract termination is at least 5 working days before the end of a month, after which the contract is extended by another month.
5.2 A cancellation for important reasons remains reserved for all services. Each party may terminate the SaaS Services for exceptional circumstances if the following conditions are met:
(A) jetvision may terminate the individual agreement if the customer within one month after receipt of a written request by jetvision, does not provide any remedy for a substantial breach of contractual obligations, for which a remedy is possible. This applies in particular to the delay in payment.
(B) The customer may terminate the SaaS services if jetvision does not remedy an alleged essential breach of contract within one month after receiving a request from the customer. In the event of termination pursuant to para. 5.2, the customer is only obliged to pay a pro rata remuneration.
5.3 The Customer's access shall be terminated upon termination of the contract or the date of the termination of the SaaS services.
According to § 312i para. (1) sentence 1 no. 2 German Civil Code (BGB) in conjunction with art. 246c no. 1 EGBGB, the individual technical steps leading to the conclusion of the contract shall be made available to the customer by jetvision.
The customer needs a password protected customer account to order from jetvision, which he can create in the context of an initial order or he can order as a guest.
1.1 Introduction Order Process:
If the customer clicks on the button "Add to shopping cart", a message appears which confirms the deposit of the item in the shopping basket. The customer can now decide whether he wants to continue shopping or go directly to the shopping cart and checkout. If he goes to the checkout after he has finished shopping, his selected articles with the item description, the product quantity and the price including all additional costs and a separate item for the shipping costs will be displayed. If he wants to order the goods now, he must click on "checkout".
1.2 The customer is then requested to enter his customer data or to create a new customer account as a first customer or continue as a guest.
If the customer wants to create a new customer account, he must follow the instructions in section 1.1 "Order and create a customer account" to register his information. When registering, the customer must enter a self-selected password in addition to the full name, invoice address, e-mail address and telephone number.
If the customer now clicks "further", his data is stored for the customer account and can continue the order process as described in section 1.3.
The customer also has the option to alternatively order as a guest. In this case, he / she must enter his / her data, which is deleted from the customer database after the business transaction has been completed.
1.3 Continuing the order after creating a customer account or login:
The customer is now requested to choose the payment method. The customer then can acknowledge the terms and conditions again. By clicking a checkmark, the customer can confirm the TOS if he wants to continue with the order. The customer then receives an overview of the goods pending for the order as well as the most important contractual information, especially the total price.
By clicking the "Buy" button, the customer can now complete the ordering process by submitting his legally binding contract offer.
2.1 Consumers within the meaning of § 13 BGB (German Civil Code) are entitled to a right of revocation.
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 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Günter Köllner Embedded Development GmbH, Am Rain 24, 85256 Vierkirchen, phone: 08139/9961909, fax: 08139/9961906, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
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, including the costs of delivery (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 shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not exist for distance-selling contracts for the delivery of goods, which are not prefabricated and for their production an individual selection or regulation by the consumer is relevant or are clearly cut to the personal needs of the consumer.
The right of cancellation for distance-selling contracts expires for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.
3.1 We are liable for material or legal defects of our goods according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for deficiencies is two years and begins with the delivery of the goods.
3.2 Any guarantees given by us for certain articles or manufacturing guarantees granted by the manufacturers of certain articles shall apply aside, in addition to the claims for material or legal defects within the meaning of para. 1. The details of the extent of such guarantees are given in the terms of the guarantee which enclosed with the goods.
The contract is exclusively subject to the law of the Federal Republic of Germany under exclusion of the UN purchase law.
The mandatory provisions of this state shall remain unaffected, even if the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad. The language of the agreement is German.
jetvision has not submitted to any codes of conduct within the meaning of Article 246a § 3 No. 5 of the German Civil Code.
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer complaint office (“Verbraucherschlichtungsstelle”)
D. Special provisions for businesses:
1.1 If the goods are defective, the customer shall, at the choice of jetvision, be entitled to rectification or subsequent delivery. The customer can terminate the contract in accordance with the legal regulations only after the second failure by jetvision to provide a remedy. The right to a reduction due to slight defects is excluded.
1.2 Upon receipt of the goods, the customer is obligated to investigate for defects without delay. The provisions of § 377 HGB apply.
1.3 The following liability exclusions and liability limitations apply to the liability of jetvision to compensation for damages, without prejudice to the other statutory requirements: jetvision shall be liable without limitation in case of wilful intent and gross negligence. Jetvision shall only be liable for simple negligence if it has violated a duty on which the proper conclusion of the purchase agreement depends on and which the customer can rely on regularly, so-called cardinal obligations. Otherwise jetvision does not assume any liability for damages of any nature based on any claims, including faults at the contract conclusion. If jetvision is liable for simple negligence, then this liability is limited to the damage that can be typically expected to occur at the time of the contract conclusion. These liability exclusions and limitations of liability do not apply if jetvision has assumed a guarantee in the meaning of a quality declaration for the goods or if jetvision has intentionally concealed the defect from the customer. jetvision is also liable with limitations for damages which have to be replaced according to the Product Liability Act as well as for damages to life, body and health.
1.4 These liability exclusions and limitations of liability also apply to the employees and agents of jetvision as well as to the benefit of other third parties, who serve jetvision to fulfill the contract.
The invalidity of any provision in this agreement shall not affect the validity of the Agreement as a whole if it is or becomes illegal, invalid or unenforceable, unless the ineffective or impracticable provisions are so essential to the Agreement that it is reasonable to accept that parties would not have concluded the contract without the invalid or unenforceable provisions. The same applies to the existence of a contractual loophole or gap.
The contract shall be governed exclusively by the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods, if the customer is a merchant, a legal person of public law or a public special fund. The exclusive place of jurisdiction is Dachau for all matters arising directly or indirectly from contractual disputes. The language of the agreement is German.