General terms and conditions
1. Scope of application
1.1 For the business relationship between GRADLYN - G.K. Airfreight Service GmbH, Cargo City Nord - Tor 26, Gebäude 458, 60549 Frankfurt/M. Airport (hereinaIer referred to as "Seller") and the customer (hereinaIer referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products on the website does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions on the website of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products. In all other respects, errors are excepted.
3. Order process and conclusion of contract
3.1 The customer can select products from the range of the international entry requirements without obligation.
3.2 The conclusion of the contract for products delivered by data download is effected by the customer sending the order entered by him in the order overview to the seller by selecting the buttons "Pay with PayPal", "Pay with SEPA direct debit", "Pay with immediate payment" as an offer to conclude a purchase contract and the seller then accepting this offer of the customer by providing the PDF for download on the "purchase success page".
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 The Seller does not charge shipping costs for the delivery.
5.1 AIer the order has been placed and the money has been received by the seller, the PDF will be made available on the "Purchase Success Page" as a data download.
5.2 The PDF will also be sent to the e-mail address provided by the customer during the ordering process.
6. Payment modalities
6.1 The customer can choose from the available payment methods as part of and before completing the order process.
6.2 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
7. Retention of title
Until full payment, the delivered goods remain the property of the seller. For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, he is obligated to insure it adequately at his own expense against theI, fire and water damage at replacement value, if this is
appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller shall be excluded by the customer without prior notice. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the goods subject to
retention of title (including all balance claims from current account) in full. The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization may be revoked if the customer does not properly meet its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer's request when their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. Upon settlement of all claims of the Seller arising from delivery transactions, title to the reserved goods and the assigned claims shall pass to the Buyer. The selection of the securities to be released shall be incumbent upon the seller.
8. Warranty for material defects and guarantee
The warranty (liability for defects) shall be determined in accordance with the statutory provisions.
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, irrespective of the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The Customer may view and / or print the text of the contract before submitting the order to the Seller by clicking on the link in the last step of the order and / or using the print function of his browser.
10.2 The Seller will also send the Customer an e-mail with the purchased international entry requirements to the e-mail address provided by him in the purchase process. With this e-mail, the Customer will also receive a copy of the General Terms and Conditions and the data privacy.
11. Final provisions
11.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller's country of domicile. The right of the Seller to choose another permissible place of jurisdiction shall remain reserved.
11.2 In the case of entrepreneurs, the law of the [Federal Republic of Germany] shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as this does not conflict with any mandatory statutory provisions.
11.3 The contractual language shall be German.
11.4. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.