General terms and conditions
I. Scope
These general business conditions (in the following referred to as: AGB) apply for all business relations between UCL Aeronautics & Commerce UG (haftungsbeschränkt) – nationally recognized Archive and Project Development company, epecially in the field of Aeronautics as well as trade with use- and consumer goods, focused on Aircrafts and Flight Technique (in the following referred to as: UCL A&C UG) and its customers in the present form applicable at the time of the agreement. They apply exclusively. The customer’s general business conditions contradicting or varying from our business conditions are not recognized unless UCL A&C UG has given its express written consent in the individual case.
As far as these AGB include stipulations for the communication with consumers, they are applicable for a customer entering into a legal transaction for a purpose which can be attributed to neither his commercial nor his independent professional activity.
II. Reaching the Agreement
The service and publication offers of UCL A&C UG listed in this publication do not represent a proposal in the sense of §§ 145 ff BGB (Civil Code).
With the placement of the order (e.g. via E-Mail, fax, letter, telephone) the customer is bound to his proposal per § 145 BGB (Civil Code).
The agreement with UCL A&C UG has been reached once UCL A&C UG accepts this proposal. The acceptance can be declared through the delivery of the merchandise, the performance of the service or through UCL A&C UG otherwise confirming to the customer the acceptance of his order. The acceptance occurs with reservation to the availability of the ordered merchandise or service. The declaration of the acceptance by UCL A&C UG to the customer is not required; insofar the customer waives an acceptance in the sense of § 151 Sentence 1 BGB (Civil Code). If UCL A&C UG is unable to accept the customer’s proposal, the customer will be notified immediately.
III. Subscription
The delivery of periodicals occurs within the scope of an annual subscription, which is extended by another year, unless it is terminated in writing with a registered letter at the latest six weeks prior to the end of the agreement. The timely sending of the termination notice is sufficient to protect the deadline. The date of the postmark applies. The bill is issued for one year in advance.
The following deliveries include trial subscriptions of certain papers at a special price:
Weekly and biweekly publications: four issues
Monthly publications: three issues.
The bill is issued together with the first delivery. The trial subscription is automatically converted into an annual subscription, unless it is terminated in writing with a registered letter five days after the receipt of the third trial issue (weekly / biweekly publications) resp. five days after the receipt of the second trial issue (monthly publications). The timely sending of the termination notice is sufficient to protect the deadline. The date of the postmark applies.
IV. Delivery
UCL A&C UG delivers the ordered merchandise to the address indicated by the customer in the order. Information regarding the estimated delivery time is without obligation unless UCL A&C UG issued to the customer a binding promise in writing in the individual case.
UCL A&C UG is entitled to make partial deliveries.
After the delivery of the merchandise, all risks and hazards of forwarding are transferred from UCL A&C UG to the logistics partner authorized by UCL A&C UG and to the customer, if he acts by exercising his commercial or independent activity.
If it turns out that the ordered merchandise is not available, UCL A&C UG reserves the right to withdraw from the agreement. UCL A&C UG will inform the customer immediately of the non-availability and immediately refund any consideration potentially already paid by the customer.
In addition, UCL A&C UG is entitled in the event of an act of God to extend delivery dates. In this case, UCL A&C UG will inform the customer immediately.
V. Prices
The prices listed in the publication register of UCL A&C UG include the statutory value added tax for individual publications, individual inquiries and CD-ROM; however, the forwarding expenses are not included. The annual subscription prices include the value added tax as well as the forwarding expenses.
Value added tax and forwarding expenses are itemised in the bill; the customer pays the bank transfer costs.
If it is necessary to deliver an order in several shipments, the forwarding expenses are charged only once.
All prices are without warranty and are subject to change.
VI. Due Date and Payment
The purchase price is due at the time the agreement is entered into. Payment of the bill must be made within 14 days net after the receipt of the merchandise. If the customer defaults, UCL A&C UG is entitled to demand the statutory interest for the default.
UCL A&C UG accepts only the forms of payment indicated to the customer within the scope of the order process: bank transfer, credit card (only on the internet), collection only cheque, direct debiting system.
The customer in entitled to a set-off only when his counterclaims have been legally determined or acknowledged in writing by UCL A&C UG.
VII. Reservation of Proprietary Rights
The delivered merchandise remains the property of UCL A&C UG until payment in full has been made.
VIII. Right of Revocation in Consumer Agreements
Customers as consumers are entitled to revoke their order within 2 weeks without explanation to UCL Aeronautics & Commerce UG (haftungsbeschränkt), Schweitzertalstr. 20, 66440 Blieskastel-Bierbach, Germany. The contractual obligations begin only with the passed up expiration of the revocation period.
For merchandise, the revocation occurs through the return of the merchandise, otherwise by written revocation. The timely sending of the termination notice is sufficient to protect the deadline. The date of the postmark applies. The expenses for the return of merchandise up to a value of 40. - EURO is paid by the consumer unless the merchandise or service delivered do not correspond to the one ordered.
The revocation period of 14 days starts:
Upon the delivery of the merchandise with the day of the receipt by the recipient;
For recurring deliveries of similar merchandise with the day of the receipt of the first partial delivery;
For the delivery of services with the day of the signing of the agreement.
If the merchandise is lost or significantly worsens (e.g. signs of previous use in publications) the customer must reimburse UCL A&C UG for the corresponding decrease in value in the event of his revocation. If the customer has already paid the purchase price, UCL A&C UG is entitled to deduct the decrease in value from the amount to be reimbursed. In the individual case, the decrease in value may correspond to the purchase price paid.
A revocation is excluded for agreements regarding the delivery of newspapers and magazines. It is also excluded for agreements regarding the delivery of merchandise produced according to customer specification or clearly designed for the personal requirements (e.g. individual inquiries) as well as for data files. Software opened by the customer cannot be returned. Otherwise § 312 d Sect. 4 BGB (Civil Code) applies.
IX. Warranty
The customer must assert complaints due to obvious defects in the merchandise delivered immediately and in writing – for hidden defects after their discovery, however, at the latest six months after the receipt of the merchandise – enclosing receipts. Complaints must be directed to the following address: UCL Aeronautics & Commerce UG (haftungsbeschränkt), Customer Center, Schweitzertalstr. 20, 66440 Blieskastel-Bierbach, Germany, email: contenton@yahoo.de. If the complaint is filed electronically, the issuer must include his name in the declaration and sign the electronic document with a qualified electronic signature in accordance with the signature act.
The warranty claims by the customer depend on a notice of defect per Sect. 1.
The warranty obligations of UCL A&C UG are limited, if it is not a consumer agreement, to the free of charge elimination of the defect, the free of charge delivery of merchandise free of defects or revocation depending on the choice of UCL A&C UG. If the remedy fails (= elimination of the defect or replacement delivery), the customer has the right to revocation. For a minor contractual violation, particularly for minor defects, the customer is not entitled to the right of revocation. The customer’s right of abatement is excluded.
If the customer chooses to revoke the agreement due to a defect after the failed remedy, he is not entitled to an additional claim for damages due to the defect.
The customer’s claims due to defects of the contractual product are limited to one year. For consumer agreements § 438 Sect. 1 No. 3 BGB (Civil Code) applies. The statute of limitations begins with the delivery of the contractual product.
Defects and damages due to improper use, external influences (e.g. transport damages) caused by third unauthorized parties are excluded from this warranty.
X. Limitations of Liability
The product descriptions are not binding. In particular, the information is not guaranteed and does not include any warranted properties in the sense of § 276 Sect. 1 S. 1 BGB (Civil Code). UCL A&C UG is not liable for erroneously incorrect labelling or product descriptions.
The issuing of information as well as the preparation of print and internet information by UCL A&C UG is performed with the greatest possible care, to the best of our knowledge and by consulting extensive qualified sources. UCL A&C UG is also not liable for the correctness of its information. UCL A&C UG is not liable for the correctness of the external publications distributed by UCL A&C UG.
In no case does a claim for damages exist if UCL A&C UG is not responsible for the violation of the obligation, § 280 Sect. 1 S. 2 BGB (Civil Code).
For slightly negligent violations of the obligation, the liability of UCL A&C UG is limited to the average damage, which is foreseeable, typical to the agreement and immediate according to the type of the merchandise. The same applies for slightly negligent violations of the obligation by their legal representatives or agents. UCL A&C UG is not liable to entrepreneurs for the slightly negligent violation of non-essential contractual duties.
Damages resulting from the injury to life, body and health or premeditated or grossly negligent acts do not restrict the liability. Otherwise, the statutory regulations apply. UCL A&C UG is not liable to entrepreneurs for the slightly negligent violation of non-essential contractual duties.
XI. Data Protection
Data necessary for business processes is stored and, within the scope of order processing, passed on to affiliated companies, if necessary. All personal data is treated with confidentiality. The customer has the right to have his data deleted at any time, unless an order process has not been fully completed.
The processing and utilization of data (e.g. by sending emails) for the purposes of consultation, advertising, market research or for tailored design of the tele-services is only permissible if the customer has given his express approval.
For the transmission of person related information / data we utilize encoding technology for the greatest possible confidentiality. Person related data is password protected, so that only the customer and UCL A&C UG have access for issuing the invoice.
XII. Applicable Law
Agreements are subject to the law of the Federal Republic of Germany to the exclusion of the UN Conventions on Contracts for the International Sale of Goods.
XIII. Legal Venue
The exclusive legal venue for all claims in connection with the business relation is Homburg, as far as legally permitted.
XIV. Final Clauses
If the customer is an entrepreneur, the place of performance is Blieskastel-Bierbach for delivery and payment.
Should one of the above stipulations become invalid, the stipulation is to be regarded as separate from the AGB; all other stipulations remain applicable and effective to their full extent.
Should one of the above stipulations be or become invalid or if a loophole exists, a stipulation will become effective which economically comes closest to the one previously intended.
XV. Vendor Identification
Department:
ContentOn Aircraft Consulting
Project Development and Financing
of
UCL Aeronautics & Commerce UG (haftungsbeschränkt)
Schweitzertalstr. 20
66440 Blieskastel-Bierbach
Germany
Tel: +49 (0) 6842 - 53 68 47
Fax: +49 (0) 6842 - 50 76 81
E-Mail: contenton@yahoo.de
www.museo-on.com
www.ucl-aeronautics-commerce.com
Court of Jurisdiction: Homburg/Saar
Registered at Local District Court: Saarbrücken
Registration Number: HRB 19814
Chief Executive/es: Ulrike-Christiane Lintz
Chairman of the Supervisory Board: Michael Mario Lintz
Last updated December 2011
