1. Basic Provisions

(1) The following terms and conditions apply to all of our deliveries, services and contractual relationships as a provider (f.u.n.k.e AVIONICS GmbH), as well as all contracts that you conclude with us via the www.funkeavionics.de website. Unless otherwise agreed in writing, the inclusion of your own terms and conditions, if applicable, is contradicted. Individual agreements made with the customer on a case-by-case basis (including side agreements, additions and changes) take precedence over these terms and conditions. Our confirmation in writing or text form is authoritative for the content of such agreements with the customer.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

2. Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item 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 use the shopping cart symbol to display the shopping cart and make changes at any time. In the next step, you have the option of generating a new customer account using the “Checkout” button or logging into an existing profile.  Alternatively, you can process the purchase directly via the payment provider PayPal by clicking on “Check out with PayPal”. In this case it is not necessary to generate a customer account.

The shipping costs incurred are determined by the weight of the goods and the country of delivery. Due to different shipping and customs fees, only European countries can be selected in our online shop. If you want delivery to another country, you can send us an inquiry to shop@funkeavionics.de and we will send you an individual offer.

Then follow the instructions up to the shipping information page. Payment is made using the payment method selected in the order process. You have the choice between a prepayment “Check / Money Order”, our bank details are given on the next page under “Payment information”, or the use of the PayPal instant payment system. When paying with PayPal, their general terms and conditions apply.

You will then be directed to the order overview page in our online shop. Before submitting the order, you have the option of checking all the details, changing them if necessary, or cancelling the purchase using the “back” function of the Internet browser.

By accepting the declaration of consent and submitting the order via the “order now with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

3. Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

1. a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
2. b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
3. c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
4. d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

4. Payment terms

(1) Unless otherwise agreed, all invoices are payable within 14 days net of the invoice date.

5. Warranty

(1) The statutory warranty rights apply.

(2) The customer is responsible for the immediate inspection of the picked up or delivered goods. If a defect becomes apparent during the examination or later, we must be notified of this immediately; in this respect, the point in time at which the notification of defects is sent is relevant. The customer’s rights of defects require that he has complied with his inspection and notification obligations. If the customer fails to do so, the goods are deemed to have been approved, unless f.u.n.k.e AVIONICS GmbH fraudulently concealed the defect. Goods with obvious defects may not be installed, combined with movable objects or mixed up.

(3) The customer must immediately give us the opportunity to inspect the defects and observe our instructions on limiting costs and damage.

(4) The warranty period for goods delivered by us is 12 months from the transfer of risk; this does not apply if the item delivered by us is a building or the item has been used for a building in accordance with its normal use and has caused its defectiveness. The statutory limitation periods also remain unaffected for recourse by the customer in the event of a purchase of consumer goods.

(5) The guarantee is excluded if the defect is due to the fact that the goods we delivered were not properly installed or used for purposes other than those for which they were intended.

(6) If there are defects, the customer may only withhold the agreed purchase price to an extent that is reasonable in relation to the defects that have occurred.

(7) A replacement delivery or repair does not lead to a restart of the statute of limitations if we only do this out of goodwill.

(8) We shall bear the expenses required for the purpose of testing and rectification, in particular transport, travel and material costs, if there is actually a defect. However, if the customer’s request to remedy a defect turns out to be unjustified, we can demand that the customer reimburse the costs incurred. However, we do not bear the removal and installation costs.

(9) The warranty expires if the delivery item is changed in a manner not intended by the manufacturer and the damage is causally related to the change. This also applies in particular to the installation of parts of foreign origin in the item supplied by us that are not intended or approved for this.

(10) If the rework has failed or a reasonable deadline to be set by the customer for the rework has expired without success or is dispensable according to the statutory provisions, the customer can withdraw from the contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

(11) In urgent cases where operational safety is at risk and to prevent disproportionately large damage or if we are in default with rectifying defects, the customer has the right to rectify the defect himself or to have it rectified by a third party and we will replace the to demand necessary costs. In such a case we are to be informed immediately. We are not liable for the consequences of improper repairs or other changes to the delivery item by the customer or third parties.

(12) Insofar as the customer has made agreements with his customer that go beyond the statutory warranty claims and rights, he cannot hold himself harmless from us.

6. Liability

In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we are liable according to the statutory rules; also in the case of culpable breach of essential contractual obligations, i.e. our obligation to deliver a defect-free item. Unless there is an intentional breach of contract, our liability for damages is limited to the foreseeable, contract-typical damage.

Liability for culpable injury to life, limb or health and liability under the Product Liability Act remain unaffected.

Unless otherwise expressly regulated above, our liability is excluded. This also applies in favour of our employees, employees, vicarious agents and deputies.

7. Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided 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 place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

8. No Russia Clause

(1) The [Importer/Buyer] shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.

(2) The [Importer/Buyer] shall undertake its best efforts to ensure that the purpose of paragraph (1) is not frustrated by any third parties further down the commercial chain, including by possible resellers.

(3) The [Importer/Buyer] shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph (1).

(4) Any violation of paragraphs (1), (2) or (3) shall constitute a material breach of an essential element of this Agreement, and the [Exporter/Seller] shall be entitled to seek appropriate remedies, including, but not limited to:
(i) termination of this Agreement; and
(ii) a penalty of 30% of the total value of this Agreement or price of the goods exported, whichever is higher.

(5) The [Importer/Buyer] shall immediately inform the [Exporter/Seller] about any problems in applying paragraphs (1), (2) or (3), including any relevant activities by third parties that could frustrate the purpose of paragraph (1). The [Importer/Buyer] shall make available to the [Exporter/Seller] information concerning compliance with the obligations under paragraph (1), (2) and (3) within two weeks of the simple request of such information.