General terms and conditions
General Trading Terms Tomahawk Aviation
The following general tradingbterms contain legal information for both the regulations for remote sales act and electronic commerce
1. Scope: The general trading terms of Tomahawk Aviation GmbH apply to all deliveries and transactions with consumers according to the German Civil code §13.
2. Business partners: The contractual agreement will be made with
Tomahawk Aviation GmbH
89284 Pfaffenhofen a.d. Roth
representative: Andreas Och (managing director)
You can contact our service department for questions, support and complaints by phone, e-mail or letter.
Mo-Fr. Between 9am and 1pm
Phone number +49 7302 782181
3. Conclusion of contract, scope of Performance
3.1 The presentation of products in the catalogue or in the online shop does not represent a binding offer by law but is a request to place an order. All offers are valid as long as stock lasts in case there is nothing else mentioned. This is subject to change without notice.
3.2 You are placing a firm order of the selected items with the click of the purchase button in the online shop.
3.3 You make a declaration of intention and ask for delivery by phone or in writing of the selected items if you place the order according to the catalogue. This declaration of intention is binding to you for three days.
3.4 The contract gets fixed when you Click the button “purchase” and when we ask for payment. The payment request is our acceptance of the order.
3.5 In all other cases an acceptance of an order will be given by us in a timely manner by issuing an order confirmation by mail or letter or in case we make a delivery right after the receipt of an order.
4. Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party designated by you and who is not the carrier have taken possession of the goods.
To exercise your right of revocation you have to inform us
Tomahawk Aviation GmbH
89284 Pfaffenhofen a.d. Roth
Tel.: +49 7302 782182
Fax +49 7302 782182
by means of a clear statement (eg. a letter, facsimilie or email) about your decision to revoke this contract. You can use the attached sample revocation form, which by no means is mandatory.
You can issue the sample revocation form or any other clear declaration also on our website electronically and transfer it to us. We will send you a receipt of your message right after receiving it if you chose to use this method.
In order to comply with the revocation period it is sufficient to send the notice of exercising the right of revocation before the end of the revocation period.
The right of revocation expiries in case of a contract of employment when we provided our services completely and when we started to provide our services after you gave clear permission and at the same time you acknowledged that the right of revocation will expire when all services have been completely delivered.
Consequences of revocation
If you revoke the contract we will have to pay back all payments which we received from you including shipping costs (except for any additional cost resulting from the fact that you have chosen a different method of delivery than the most favourable standard delivery offered by us within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such payment we will use the same method of payment that you were using in the original transaction unless you have expressly agreed otherwise. In no case will you be charged with repayment fees.
In case of purchase contracts where we have not expressly offered to collect the goods ourselves in the event or cancellation we may refuse repayment until we have received the goods or until we have proven that you have returned the goods, whichever is earlier.
You have to cover the direct cost of the return.
They shall only be liable for any loss in value of the goods it this loss in value is attributed to a need not to deal with the nature, characteristics and mode of operation of the goods.
Unless the parties have agreed otherwise the right of withdrawal does not apply to the following contract:
Contract for the supply of goods which are not prefabricated and whose production is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal need of the customer.
Contracts for the supply of sealed goods if these have been inseparably mixed with other goods after the delivery.
Contracts of the supply of sound and video recordings or computer software sin a sealed package when the seal is removed after delivery.
5. Prices and shipping cost
5.1 The prices shown in the web shop include the VAT and other pricing components.
5.2 In addition to the indicated prices shipping and delivery cost will be added. You can find out more about shipping cost on our designated shipping cost page or during the ordering process in the shopping basket. The shipping cost which are indicated in the web shop with the goods and the payment of goods are to be carried by you.
6.1 Deliveries will be commenced within Germany
6.2 The delivery time generally takes 2-3 working days under normal conditions. We will inform you if delivery times will significantly deviated from the norm.
6.3 We will inform you right away shall we not be able to ship a product in time to you because our supplier failed to supply us in time. It is your decision to wait for the goods ordered or to cancel your order. We will return any contribution that has been made right after the cancellation.
7.1 Payment can made by pre payment, Paypal or credit card.
7.2 We will give you our complete banking information in case you chose pre payment with the order confirmation. We will ship the goods within given delivery times once we will receive the payment in our account.
8. Retention of title
The goods remain our property until fully paid
Liability will be granted within the scope of statutory rights. Defects which existed before the transfer of ownership and will be visible within a two year warranty period will be repaired within the scope of statutory rights of supplementary performance (either fixing the problem or free replacement. You can also, in case statutory rights apply, claim a statutory reduction or cancellation and in addition compensation for damage. In case you chose the repair you have to grant two repair attempts. Your claim will be limited to another method of repair if the requested compensation will only be possible with disproportionate cost. Warranty claims need to be made by phone or Email. In case of acceptance you will receive an RMA number from us. This number has to be visibly placed onto the parcel or the address label before shipping the product back. We will not accept any return parcel without RMA number and will reject the receiving.
We are always liable without limitations for claims due to damages caused by us, our legal representation or vicarious agents in case of injury to life, body or health and or intentional or grossly negligent breach of duty. We are liable for warranty with the scope of statutory regulations as agreed or as long as the scope of product liability is in force. In the event of breach of essential contractual obligations which can only be carried out on the basis of proper implementation of the contract and which contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us or our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability damage that is typically expected to occur. Furthermore claims for damages are excluded.
We are also liable within the scope of a declared quality guarantee of the product or its parts. In case there is damage caused by the absence of the quality guarantee and not by the product itself we will only be liable if the risk of damage can be clearly linked to the missing quality guarantee.
We will be liable for damage caused by simple carelessness as long as the carelessness is related to the breach of contractual obligations, which are of specifically important for the compliance with the contract. We will accept liability only in the case of damages being related with the contract and being foreseeable.
An extended liability is without regards to the nature of the statutory rights of the claim excluded. This is especially the case for tortuous claims or claims for replacement of wasted efforts instead of service.
In case our liability is excluded or limited it also excluded or limited for our employees, staff, representatives and vicarious agents.
The European commission offers a platform for arbitration proceedings to settle online trading disputes. You can find it under http://ec.europa.eu/consumers/odr/. We are not obliged and will not participate in a dispute settlement proceeding in front of a consumer arbitration board.