TERMS OF SERVICE
AUSTRIAN AIR FORCE® - Aeronautical Fashion
Owner: Stefan Auer
1. Preamble
AUSTRIAN AIR FORCE ® , owner: Stefan Auer, Bundesstrasse 68, 8740 Zeltweg, Austria (hereinafter referred to as “AAF”) has specialized in the trade of products related to aviation (hereinafter referred to as “goods”).
These general terms and conditions (hereinafter referred to as “GTC”) deal with trade via the webshop on the site: https://www.austrianairforce.at/.
These terms and conditions can also be used in offline trading, i.e. when the transaction is not concluded at a distance.
The customers are usually consumers within the meaning of Section 1 Paragraph 1 Item 2 KSchG, but also entrepreneurs within the meaning of Section 1 Paragraph 1 Item 1 KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This happens without any intention to discriminate. All genders are addressed equally.
2) Scope
All business relationships between AAF and the customer are subject to these terms and conditions in the version applicable at the time of the conclusion of the transaction. These terms and conditions supersede any general terms and conditions of the customer.
These terms and conditions can be permanently saved and / or printed out by the customer for the purpose of online ordering.
Contract, order and business language is German.
3) Requirements for use
In order to be able to purchase goods electronically from AAF, customers may have to register in the online shop. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up-to-date at all times. He must treat his data confidentially and protect it from unauthorized access. If the customer suspects abuse by third parties, he must inform AAF immediately.
The customer must refrain from all measures that could endanger or impair the technical availability of the online shop (including cyber attacks). Such behavior will be prosecuted.
4) Offer and conclusion of contract
By clicking the button “Order with obligation to pay”, the customer submits a binding offer to conclude a contract with AAF. The AAF is not obliged to accept this offer. Before finally submitting an order, the customer has the opportunity to check it for any errors and correct them if necessary.
AAF confirms receipt of an offer / order to the customer by email to the address provided by the customer (“ order confirmation ”). This email does not constitute acceptance of the AAF's offer.
The AAF reserves the right to check the feasibility of the request within three working days.
AAF can accept offers by confirming acceptance of the offer in a further e-mail (“ order confirmation ”) or by sending the ordered goods. Only then does the contractual relationship with the customer come about.
Further information on shipping can be found directly on the website.
Unless expressly agreed otherwise, no firm deal (within the meaning of Section 919 ABGB) is considered owed.
If AAF is prevented from complying with the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks from third parties, AAF will inform the customer of this as soon as possible. In these cases, the delivery period is extended by the duration of the continuation of the events.
5) Legal Capacity
If an order is placed via the shop, AAF assumes that the customer represents the customer in a legally effective manner and is authorized to place the order (proxy power of attorney).
6) Payment terms
The prices listed in the shop are in EUR.
In case of doubt, sales tax is not yet included. The amounts stated at the time of the order apply. The AAF informs the customer again about the prices, taxes and shipping costs in the order summary before the order is completed.
In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which AAF is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The payment methods accepted by AAF are listed in the webshop. Payment is made by bank transfer to the AAF account. Whether the payment is made in installments or as a one-off payment depends on the agreement between AAF and the customer.
Further information on payment and shipping can be found on the website.
The AAF's claims are due when the invoice is issued. If the claims are not paid within 14 days, AAF will demand 4% per year of statutory default interest from the due date. In the event of default, the customer undertakes to reimburse AAF for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution. If the customer is an entrepreneur, § 456 and § 458 UGB apply.
7) Complaints
The AAF asks - without prejudice to the right of withdrawal within the meaning of point 8 and any warranty rights - the customer to complain about delivered goods with obvious transport damage to the deliverer and to notify AAF of this immediately.
8th) Right of withdrawal according to FAGG
This right of withdrawal only applies to consumers.
This right of withdrawal expressly does not apply to goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
The customer has the right to revoke his contractual declaration or a contract that has already been concluded within fourteen days without giving reasons if the contract was concluded electronically. The cancellation period is fourteen days from the day on which the consumer or a third party named by the consumer who is not a carrier takes possession of the goods.
In order to exercise the right of withdrawal, the customer must inform AAF by means of a clear declaration (e.g. a letter sent by post or e-mail) via the E The prices listed in the shop are in EUR.
In case of doubt, sales tax is not yet included. The amounts stated at the time of the order apply. The AAF informs the customer again about the prices, taxes and shipping costs in the order summary before the order is completed.
In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which AAF is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import legal duties or taxes (e.g. customs duties).
The payment methods accepted by AAF are listed in the webshop. Payment is made by bank transfer to the AAF account. Whether the payment is made in installments or as a one-off payment depends on the agreement between AAF and the customer.
Further information on payment and shipping can be found on the website.
The AAF's claims are due when the invoice is issued. If the claims are not paid within 14 days, AAF will demand 4% per year of statutory default interest from the due date. In the event of default, the customer undertakes to reimburse AAF for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution. If the customer is an entrepreneur, § 456 and § 458 UGB apply.
the conclusion to revoke this contract. The customer can use the model withdrawal form for this, which is listed in Appendix IB of the Distance and Foreign Business Act ( https://www.ris.bka.gv.at/GeltendeFnahm.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847 ) and also can be found on the AAF website.
A declaration of revocation must be sent to the following address:
Austrian Air Force ® Aeronautical Fashion
Bundesstrasse 68
A-8740 Zeltweg
E-mail: office@austrianairforce.at
To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired. If this option is used, a confirmation of receipt of such a revocation will be sent to the customer. If the customer cancels the contractual declaration or a contract that has already been concluded, AAF shall have all payments that it has already received from the customer, including delivery costs (with the exception of the additional costs that result from the customer using a different type of delivery than has chosen the inexpensive standard delivery offered by AAF) to be repaid immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract was received by AAF. For the repayment, the AAF uses the same means of payment that the customer used in the original transaction.
The customer bears the direct costs of the return. If the loss in value of goods is due to the fact that the goods have been used in a way that is not necessary to check their quality, the customer is responsible for this loss in value.
9) Performance disruptions
The AAF is not responsible if it cannot meet its obligations from the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services as well as due to force majeure.
10) Retention of title
All goods delivered by AAF remain their property until they have been paid for in full. A sale of the goods by the customer to a third party before they have been paid for in full requires the prior consent of AAF.
If the customer has not accepted the goods as agreed (default of acceptance), AAF is entitled to either store the goods, for which an appropriate storage fee can be charged for each calendar year or part thereof, or to deposit them in court at the customer's expense and risk.
11) Liability for compensation and warranty
AAF's liability for slight negligence is excluded.
This limitation of liability does not apply to personal injury or to damage under the Product Liability Act.
The AAF offers no guarantee that the photos published in the shop are identical to the goods actually delivered.
12) Risk bearing
The risk of loss or damage to the goods (only then) passes to a consumer when he or a third party authorized to receive it (who is not the carrier) has taken possession of the goods.
13) Data protection and protection of business and trade secrets
The transfer of data and information to the respective required business partners is permitted to the extent necessary to fulfill the contractual relationship (Art 6 Paragraph 1 lit b GDPR).
The AAF also draws attention to the fact that customer data can be processed for advertising purposes on the basis of legitimate interests (Art 6 Paragraph 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 Paragraph 2 GDPR).
Further information on the processing of personal data can be found in the data protection declaration.
14) Involvement of vicarious agents
AAF can use vicarious agents to fulfill its obligations under this contract, unless a highly personal service has been expressly agreed.
15) Place of jurisdiction, applicable law and dispute resolution
This contractual relationship is based on Austrian law and this is deemed to have been agreed. However, this choice of law must not lead to the consumer being deprived of the protection granted by the mandatory regulations of his country of residence (cf. Art 6 (2) Rome I Regulation). The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards are excluded.
The exclusive place of jurisdiction is Leoben. If the customer is a consumer and has his domicile or habitual abode in Germany or is employed in Germany, the customer can only be sued in the courts in whose district his place of residence, his habitual residence or his place of employment is located.
The place of performance is the headquarters of AAF.
It is based on the possibility of a dispute settlement by way of an online dispute resolution platform (Art 14 Abs 1 S 1 ODR-VO) ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .show & lng = DE ) and national consumer arbitration boards. The AAF is ready to participate in a dispute settlement procedure before a consumer arbitration board.
16) Redemption of action cards
Vouchers that are issued by the AAF free of charge with a certain period of validity can only be redeemed within the specified period .
Vouchers are transferable. The AAF can, with discharging effect, make payments to the respective holder who redeems the voucher.
17) miscellaneous
If part of these conditions should be ineffective, the validity of the remaining conditions will not be affected. The ineffective condition is to be replaced by an effective condition that comes as close as possible in economic terms to the will of both contracting parties identified in the agreement.
Changes to these conditions and additions to them are only valid if they have been agreed and signed in writing.
The AAF recommends that the customer save these terms and conditions permanently.
(July 2021)