GBC - General Business Conditions
Sky Fox GmbH
Pfalzburger Str. 43/44
DE-10717 Berlin Germany
Fon: +49 (0)30 864 746 - 0
Fax: +49 (0)30 864 746 - 99
Managing directors: Mr. Kostja Dümke, Mrs. Margitta Dümke
Trade register Berlin: HRB 53427
Published: March 1, 2012
Below you find the most important information on our offers, contract conclusion, shipping, etc. Please don't place an order if you don't agree with our terms and conditions.
The company Sky Fox GmbH (hereinafter referred to as "Sky Fox") offers their customers various products though the online-shop - www.sky-fox.com. For this purpose some issues in these terms shall apply in addition to the terms that are statutory. "Sky Fox" tries to describe and control the offered products in shop and in eBay auctions as good as possible. If against one`s expectations errors or obscurities occur please send us a short mail so that we can solve the problem as quick as possible.
1. Offer and contract conclusion
All offers are subject to change without notice. All technical change or changes in shape, colour or weight are subject to alterations if just and reasonable for the customer. All technical details, drawings, pictures, weights, colours, descriptions are customary approximations for this line of business. "Sky Fox" doesn't take the risk of procurement. This purchasing contract is only valid under reserve and depends on correct and punctual supply to ourselves unless otherwise agreed to in writing.
The liability of "Sky Fox" in regards to malicious intent, gross negligence or negligent breach of contractually significant obligations stays unaffected.
Conclusion of contract: the orders placed at "Sky Fox" via internet www.sky-fox.com, email firstname.lastname@example.org, telephone +49 30 864746-0 or fax +4930864746 99 are offers, that the customer is bound to for seven (7) calender days. With the purchase order placed the customer declares bindingly that he wants to buy the contents of the shopping cart. Right after the order placement, the customer gets an email confirmation. The purchase contract is valid after reception of your online-order and when you have received an order confirmation or the products have been shipped within seven (7) days. With our expressly or implied acceptance the purchase contract is concluded, if our acceptance is valid.
Our shipments within Germany can be paid by cash on delivery (COD), credit card (VISA, EUROCARD/MASTERCARD, AMEX), direct debit or prepayment.
When shipping outside Germany, payment can be done using your credit card or by wire transfer in advance.
Sky Fox GmbH
Pfalzburger Str. 43/44
Bank: Berliner Volksbank
Bank Account No.: 5252098005
IBAN: DE06 1009 0000 5252 0980 05
SWIFT-Code (BIC): BEVO DE BB
All bank charges must be paid by the buyer.
The buyer will also receive the bank details for the prepayment in the email confirmation right after placing the order.
The sales prices include the legal German VAT of 19% or 7 %. You will find the shipping cost in the online shop by clicking on "calculator for shipping costs", that will be added to the sale depending on the method and the destination. "Sky Fox " will announce shipping costs in advance. Shipping costs outside the EC (European Community) are part of a separate agreement, if they can't be found in the shipping cost calculator table.
When paying by prepayment, the customer is bound to wire the open amount including shipping with eight (8) calender days without deductions. Special agreements are possible and need the written approvall by "Sky Fox". If the money is not received within eight (8) calender days and after a further payment request, the customer is in default. Valid in any case is the payment receipt on the "Sky Fox" account.
If you chose prepayment as payment method, the order will be shipped after payment receipt to the address of the buyer. "Sky Fox" ships on five days of the week. If the buyer announced his email address at the time of order placement, a shipping notification will be sent out when the parcel is shipped.
You can cancel your order within two weeks without reasons. The cancellation must be in writing via e-mail, fax, letter or by returning the product(s) within the two week period. This period start after receipt of this note in writing, but no earlier than after receipt of the goods at the buyer and also not before our duties to inform the buyer under paragraph 246 § 2 in conjunction with § 1 phrase 1 and 2 EGBGB and our duties under § 312g paragraph 1 phrase 1 BGB in conjunction with paragraph 246 § 3 EGBGB.
The disclaimer has to be directed to:
Sky Fox GmbH
Kostja Dümke / Margitta Dümke
Pfalzburger Str. 43/44
Fax: +49 (0)30-864 746-99
In case of a legally effective disclaimer, all mutually received goods and services have to be returned and accured interest has to be paid back. If you can only return the goods received partially or defective, you have to pay value replacement. This is not valid, if the goods were only inspected and opened as it would be when trying out the product while visiting our shop. Please return the goods wrapped and without damaging the product box. You have to pay the shipping for return the product if the product is the product you ordered or if the product's value is less or equal EUR 40,00 or in case of a higher product value if you have not wired the necessary balance that was agreed to. In all other cases you don't need to pay for shipping. Products that can't be shipped becaue of weight or size will be picked up. Possible payments need to be returned within 30 days. The disclaimer period starts for you by sending us the goods back or a disclaimer and for us when we receive the goods or the written disclaimer.
There is no right of cancellation for the following products:
Spare parts especially made or ordered for you or that can`t be returned becaue of shape.
All sorts of CDs, Videos, DVDs, etc. after they have been opened and seal has been broken.
Products with a short life like database updates, online software, Jeppesen Trip Kits, charts, maps, etc.
Please send back all boxes that are part of the product. Banking charges for wire transfers to a foreign account will be paid by the buyer.
Reasonable partial deliveries are acceptable. During the order process the buyer can choose, whether she or he would like the order to ship complete or partial. Every partial shipment counts as a single delivery and service of work. When ordering products, that are not published at the time of order receipt (for example calendars, new editions, etc.), we will charge the delivery costs for the subsequent delivery as low as possible.
Complaints for incomplete or defective delivery have to be made immediately, seven days after reception of the products at the latest. Damaged boxes/ shipments must be claimed by the buyer right at reception from the freight carrier. Claims for damaged boxes must be made right to the freight carrier.
The warranty for all products is 24 months starting the day of dispatch. There can be a longer warranty term as set by some of the manufacturers. Should a product fail within warranty, the seller has the right to elimination of the faults. In case that elimination fails, the seller can replace the faulty product with an equivalent new product. If that is impossible, the purchase price will be recompensated.
Further claims for damages are excluded. Apparent defects need to be reported to the seller in writing within two weeks after receipt of the goods. The seller is not liable for defects, that are in direct connection to a false or inroad use of the product, for example if a products was taken apart in a wrong way not authorized by the seller or if the operating instructions where not followed. Normal wear is not covered by warranty.
The pure presentation of the product on the website can be regarded as pure technical description and at no time as warranty on the shape and nature of the product.
"Sky Fox" is liable in cases of intent and gross negligence and in cases of positive breach of obligation. Moreover, "Sky Fox" is liable in the event of injury to life, limb and health. In case of culpable breach of contractual cardinal obligations or fraud. "Sky Fox" is liable within the framework of legislation. Only in cases of a breach of cardinal obligations, the liability of employees of "Sky Fox" is limited to typical, foreseeable damage. Consequential damages are excluded to that extent. In cases of delayed performance, the customer is entitled either to compensation in damages or to rescind the contract.
In cases of loss of data "Sky Fox" is only liable, if the Customer has saved the data stock on a regular basis at least once a day and is able to prove this. Otherwise, liability is excluded, except for cases of intent or gross negligence.
The extent of liability of "Sky Fox" under the Law governing Product Liability remains unaffected.
The above mentioned provisions represent the entire extent of liability of "Sky Fox", its management and its employees.
7. Reservation of propriertary rights
In case the order was not shipped prepayed, the right of property for the goods doesn't transfer to the customer until full payment is received by "Sky Fox". Before that transfer, the customer can`t sell or give away the product.
8. Final Clause
German Law applies. The application of the UN-Agreement on Contracts on the International Purchase of Goods is excluded.
The provisions of clause 6. leave binding provisions of the state's right, in which the Customer is resident, unaffected, if and as far as the Customer has entered into a purchase contract, which cannot be assigned to the Customer's professional or commercial activity (consumer contract) and if the Customer has taken all legal action in the state of his usual residence which is necessary for the conclusion of a purchase contract.
Place of execution is the Berlin, Germany. For all current and future claims from the business relationship fully qualified traders is Berlin, Germany. The local place of jurisdiction of the buyer's residence is responsible for all other customers.