Terms and Conditions
§ 1 General
- These General Terms and Conditions (as amended) shall apply to business relationships of any kind between Mr. Simply GmbH, Oberjesinger Strasse 1, 71154 Nufringen, Germany (hereinafter referred to as „Mr. Simply“) and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).
- The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking "Purchase now", the customer makes a legally binding commitment to purchase the goods in the shopping bag. The sales contract becomes effective immediately. The customer shall receive an order confirmation immediately after the order has been submitted.
- Mr. Simply reserves the right to refuse to perform the service promised if it becomes apparent after concluding the contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Mr. Simply are excluded.
- The contractual language is German.
§ 2 Delivery
- If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
- All prices are cash prices and include VAT plus any applicable charges for packaging and shipping.
- For large or individual orders a separate shipping price calculation will be provided. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
- The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
§ 3 Statutory right of withdrawal
See document Statutory right of withdrawal.
§ 4 Warranty, liability and compensation
- Defects or any other direct or indirect damage caused by negligent or improper treatment of the goods, improper usage, natural wear and tear are not covered by the warranty.
- The warranty and liability for the accuracy of the scales as well as for all direct, indirect, special or subsequent damage caused by the usage of the DipStick products is explicitly excluded. The usage of the DipStick products is at the users own risk and with notice of the enclosed instructions. Any compensation is excluded.
- The DipStick must only be used for its described purpose. It is NOT allowed for any other usage. It is not a toy and is not suitable for children. The DipStick does not supersede proper preflight, flight planning or fuel management by the pilot. The pilot is obliged to verify if the DipStick is suitable for the aircraft according to the aircraft’s specific Pilot Operating Handbook. The reading of fuel levels with a DipStick ever only represents a rough estimate, it never does represent an exact measured value. None of the scales have been officially gauged by authorities. The improper usage of a DipStick will lead to error of measurement. E.g. when the DipStick is not inserted into the fuel tank correctly or is not removed from the filler neck perpendicular or the aircraft does not stand even with the ground and therefore the fuel level within the fuel tank is inclined. Every particular aircraft bears constructional differences, that may subsequently lead to errors of measurement. If a DipStick is cracked, slivered, broken or damaged in any way or is unreadable, it must NOT be used anymore. It must be disposed properly. If a DipStick has dropped into a fuel tank, you MUST remove it before using the aircraft. The DipStick must NOT be in contact with fuels longer than typical for measuring procedure. The liability and compensation for any direct or indirect damage caused by negligent or improper usage are excluded.
- Mr. Simply shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Mr. Simply or a vicarious agent (e.g. the delivery service). Any further liability for damages shall be excluded. In the event of a negligent breach of a material contractual obligation, the liability shall be limited to foreseeable damage.
§ 5 Due date and payment terms
- Orders via the online shop are payed in advance by credit card or debit, resulting invoices are due net instantly. Invoices resulting from individual orders are due net with the delivery of an invoice. Divergent agreements to need to be made in writing.
- If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If Mr. Simply is able to prove that greater damages were suffered as a result of the default, Mr. Simply shall be entitled to assert the corresponding claims on these grounds.
§ 6 Retention of title
- If the customer is a merchant within the meaning of the German Commercial Code, the goods supplied shall remain the property of Mr. Simply until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, Mr. Simply shall reserve the right of retention for the goods until the purchase price has been paid in full.
- The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of Mr. Simply at risk until the purchase price has been paid in full. The customer hereby assigns to Mr. Simply any future claims against the buyer in the amount of the purchase price agreed between Mr. Simply and the customer, including interest and ancillary payments. Mr. Simply accepts this assignment.
§ 7 Place of fulfillment and place of jurisdiction
- The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
- The place of fulfillment for all services and products arising from business transactions with Mr. Simply shall be Nufringen, Germany, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
- If the customer is a merchant, legal person governed by public law or special fund under public law, Boeblingen, Germany shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 8 Alternative dispute resolution
Mr. Simply is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.
§ 9 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.
Effective date 2018-04-01