Terms

General Terms and Conditions (GTCs) of R. Eisenschmidt GmbH, Flugplatz 1, 63329 Egelsbach (hereinafter referred to as "Eisenschmidt")

Table of Contents

1 Scope of application

2 Conclusion of the contract

3 Processing of the contract

4 Obligations of the customer

5 Product quality and guarantees

6 Place of performance, fulfilment and supplementary fulfilment

7 Prices, discounts and shipping costs

8 Terms of payment

9 Payment methods

10 Delivery

11 Transfer of risk

12 Retention, offsetting and assignment

13 Retention of title

14 Termination and withdrawal

15 Warranty

16 Liability

17 Terms of use

18 Product group-specific provisions

19 Instructions and form on revocation for consumers

20 Data protection

21 Miscellaneous

22 Provider identification

1 Scope of application

1.1 These general terms of delivery and performance (hereinafter: “GTCs”) apply for all orders submitted by the customer to R. Eisenschmidt GmbH (hereinafter: “Eisenschmidt”) on the in-ternet portals www.eisenschmidt.aero, www.drohnenpilot.aero, www.aviation-training.aero and www.eisenschmidt-acadamy.aero (hereinafter: “online shops”). The GTCs apply equally for orders via telephone, e-mail or fax or for purchases/orders made at the Eisenschmidt store (street address).

1.2 These GTCs apply for product groups including but not limited to the following: print products (including electronic), software, hardware, seminars, training sessions and (pilot) supplies or accessories. Unless specific provisions are made for certain product groups under these GTCs, these GTCs are applicable to all product groups (hereinafter: “product range”).

1.3 Any deviating or conflicting conditions of the customer or third parties will not be recognised by Eisenschmidt unless Eisenschmidt has expressly consented to these in writing. If Eisenschmidt does not raise an objection against additional or conflicting conditions of the customer, this does not constitute a waiver or consent on the part of Eisenschmidt.

1.4 In these GTCs, a differentiation is made in several provisions between whether the customer is a consumer within the meaning of Section 13 of the Bürgerliches Gesetzbuch (BGB – German Civil Code) or an entrepreneur within the meaning of Section 14 BGB. If a provision only applies for certain customer groups, reference will be made to this fact in the provision; otherwise, the provision applies to both customer groups. The granting of rights to customers under these GTCs expressly does not also include the granting of rights to companies that constitute affiliated companies of customers within the meaning of Section 15 of the Aktiengesetz (AktG – German Stock Corporation Act).

1.5 In accordance with the context, words that are stated in singular form can also include plural subjects and vice versa; in the same sense, any use of a masculine form of a word also includes the feminine and vice versa.

2 Conclusion of the contract

2.1 The subject of the contract is the sale of a product from the product range of one of the online shops which is offered by Eisenschmidt at the time of the receipt of the order.

2.2 The presentation of the product range in an online shop constitutes a non-binding online catalogue rather than a legally binding offer.

2.3 By clicking the “Order (subject to payment)” button, the customer submits a binding offer for the products contained in the shopping cart. The confirmation of receipt of the order (hereinafter: “order confirmation”) immediately follows the submission of the order and does not constitute contractual acceptance on the part of Eisenschmidt.

2.4 Eisenschmidt can accept the offer of the customer by sending a separate confirmation of the order via e-mail or by shipping the goods within a maximum of five days (hereinafter: “declaration of acceptance”).

2.5 In deviation from Clause 2.4, the contract is concluded upon receipt of the order confirmation in cases of advance payment.

3 Processing of the contract

3.1 The order is processed immediately after Eisenschmidt receives the offer. This does not apply in cases of a down payment requested by Eisenschmidt in accordance with Clause ‎8 or of advance payment.

3.2 The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract are carried out – partially automatically – via e-mail.

4 Obligations of the customer

4.1 The customer is obligated to submit truthful information when registering. If any of the cus-tomer's details change (particularly name, address, e-mail address, telephone number), the customer is obligated to amend their customer master data in their customer account. Changes to address data for ongoing subscriptions must be made through Eisenschmidt.

4.2 The customer must ensure that the e-mail address filed with Eisenschmidt is up to date, that the receipt of e-mail is technically ensured and, in particular, that the receipt of e-mail is not obstructed by spam filters. If the customer does not fulfil these obligations, any delays or non-delivery will be at the expense of the customer and will not establish any liability on the part of Eisenschmidt.

4.3 The customer is obligated to store their username and password carefully and maintain their secrecy. It is the responsibility of the customer to handle their username and password in such a way that loss is precluded and third parties are unable to obtain knowledge of them. In order to order products from the online shop, the customer must provide the details neces-sary for the execution of the order. The username and password simultaneously enable the customer to view their details and change them if necessary. The user is obligated to notify Eisenschmidt immediately in the event of any grounds to suspect misuse.

4.4 Under certain circumstances, the customer may potentially need to fulfil technical require-ments which are not the subject of the service offered by Eisenschmidt (e.g. a suitable inter-net connection and the use of internet browsers) in order to be able to make use of the prod-uct range offered by Eisenschmidt. These are the responsibility of customers themselves.

4.5 In the event of the loss of the username and password, the customer is obligated to notify Eisenschmidt without delay. This can also take place via e-mail to: info@eisenschmidt.aero. Eisenschmidt reserves the right to block access by the customer immediately after receiving this notification. This block can only be lifted after the customer submits a written appeal to Eisenschmidt. This has no effect on any potential reregistration by the customer.

5 Product quality and guarantees

5.1 Unless otherwise agreed, the quality of the products is based exclusively on the product spec-ifications / technical specifications of Eisenschmidt.

5.2 Characteristics of samples, specimens or product illustrations are only binding if they have been expressly agreed on as the quality of the product.

5.3 Eisenschmidt undertakes to perform its contractually owed services with the greatest possi-ble care and conscientiousness in accordance with the generally recognised state of the art. Eisenschmidt will employ qualified personnel to this end.

6 Place of performance, fulfilment and supplementary fulfilment

The place of performance, fulfilment and supplementary fulfilment is the registered office of Ei-senschmidt. The place of performance, fulfilment and supplementary fulfilment in the case of semi-nars or training sessions will be defined by the customer and specified immediately after the cus-tomer's receipt of the declaration of acceptance, but no later than 14 calendar days before the start date of the training.

7 Prices, discounts and shipping costs

7.1 The current prices and discounts published in the online shop or displayed in the Eisenschmidt store apply. All prices are specified including the applicable statutory VAT in euros.

7.2 Shipping costs are not included in the price and are indicated separately. All shipping costs can be viewed in our online shop or in the Eisenschmidt store.

7.3 The list prices (regular price without discount) in the case of books or cartographic products are subject to the Buchpreisbindungsgesetz (German law governing resale prices of books). Potential end customer discounts or promotional prices do not apply for consumers and en-trepreneurs who are active as intermediary distributors in regard to the product range (hereinafter: “distributors”) or alternatively to the discounts and quantity-based discounts in our discount list.

7.4 Distributors are additionally subject to the following documents:

• Distributor price list;
• Current discount list;
• Distributor classification;
• Return and exchange policy.

7.5 The customer is not entitled to make deductions unless expressly agreed.

8 Terms of payment

8.1 The invoice amount is due upon declaration of acceptance or, in the case of advance payment, upon receipt of the order confirmation including the enclosed pro forma invoice.

8.2 If the customer is in default of payment of a due amount or partial amount for longer than 14 days, Eisenschmidt can demand that the customer pay the purchase price for additional deliveries from all outstanding orders with Eisenschmidt before shipping the products.

8.3 In cases of larger orders, Eisenschmidt reserves the right to request advance payment to be determined by Eisenschmidt. The order will be processed after the advance payment is received.

9 Payment methods

9.1 Payment for the goods takes place via credit card or optionally on account, via advance pay-ment or via PayPal. Purchasing on account is not an option for new customers.

9.2 In the case of delivery on account, the customer undertakes to pay the invoice amount within the period stated on the invoice, but no later than 30 days after receipt of the invoice.

10 Delivery

10.1 Delivery is subject to the timely and proper fulfilment of the obligations of the customer (Clause 4 above). The right to defence of an unfulfilled contract remains reserved.

10.2 Delivery deadlines are only deemed agreed following express written confirmation by Ei-senschmidt. They are deemed to have been complied with by the timely notification of readi-ness for shipment if the products cannot be dispatched in due time without Eisenschmidt being at fault.

10.3 In cases of deadlines and schedules which are expressly designated as non-binding in the contractual relationship, the customer can set an appropriate deadline for delivery/performance for Eisenschmidt two weeks after these expire. Eisenschmidt will only be in default after this grace period expires.

10.4 Deadlines and schedules are extended by the period of time for which the customer fails to fulfil their obligations to Eisenschmidt without prejudice to the rights of Eisenschmidt arising due to default by the customer.

10.5 In the case of mixed orders consisting of both advance orders and orders from inventory, Eisenschmidt is entitled to make partial deliveries/performances to an extent which is rea-sonable for the customer. The customer will be informed of this fact before conclusion of the contract.

10.6 If the customer is in default of acceptance or if shipping is delayed at the customer's request, then the customer can be charged for the storage costs incurred by Eisenschmidt or third parties starting from the time that readiness for shipment is declared.

10.7 If Eisenschmidt is obligated to make advance performance under the concluded contract, then Eisenschmidt can refuse the obligatory performance in accordance with the applicable statutory provisions (particularly Section 321 BGB).

11 Transfer of risk

11.1 If the customer enters into default of acceptance, then Eisenschmidt is entitled to demand compensation of the expenses incurred by Eisenschmidt or its subcontractors; the risk of ac-cidental deterioration and accidental loss is transferred to the customer upon entry into default of acceptance.

11.2 If the customer is a consumer within the meaning of Section 13 BGB, the relevant statutory provisions also apply.

11.3 If the customer is an entrepreneur within the meaning of Section 14 BGB, the following also applies: When shipping products at the request of the customer, the risk of accidental loss and accidental deterioration of the products is transferred to the customer as of the time of shipping or of handover to the forwarder, freight carrier or other person or institution entrusted with performing the shipment.

12 Retention, offsetting and assignment

12.1 The customer can only offset against claims of Eisenschmidt with undisputed or legally eta-lished counterclaims.

12.2 The customer is only entitled to exercise rights of retention on the basis of counterclaims under the same contractual relationship.

12.3 The customer may not assign claims against Eisenschmidt.

13 Retention of title

13.1 In all cases, Eisenschmidt retains ownership of the delivered products until the price has been paid in full. (Simple retention of title)

13.2 If the customer has paid the price for the products delivered but other liabilities under the business relationship with Eisenschmidt have not yet been fully paid by the customer, Eisenschmidt additionally retains ownership of the products delivered until the full payment of all liabilities. (Expanded retention of title)

13.3 In that the products delivered by Eisenschmidt are processed by the customer, Eisenschmidt is deemed the manufacturer and directly receives ownership of the new goods. If the processing takes place in conjunction with other materials, Eisenschmidt directly receives co-ownership of the new goods corresponding to the proportion of the invoice value of the products delivered by Eisenschmidt to that of the other materials. (Processing clause)

13.4 If the products delivered by Eisenschmidt are connected or mixed with an item of the cus-tomer’s in a manner such that the item of the customer is to be viewed as the primary item, then it is deemed to be agreed that the customer shall transfer co-ownership of the primary item to Eisenschmidt, namely corresponding to the proportion of the invoice value of the products delivered by Eisenschmidt to the invoice value (or in the event of the lack of one, the fair market value) of the primary item. The customer shall maintain custody of any sole own-ership or co-ownership arising in this manner for Eisenschmidt. (Connection and mixture clause)

13.5 Until the time at which the customer becomes the owner, the customer must take care of the products, insure them appropriately and, if necessary, perform maintenance for them.

13.6 The customer is entitled to dispose of products which are the property of Eisenschmidt in the ordinary course of business as long as it fulfils its obligations under the business relationship with Eisenschmidt in due time. All receivables from the sale of goods to which Eisenschmidt has retained ownership are effectively assigned to Eisenschmidt as of the time of the conclusion of the contract with Eisenschmidt; if Eisenschmidt has received co-ownership in the event of processing, connection or mixture, this assignment shall take place in accordance with the proportion of the value of the products delivered by Eisenschmidt subject to retention of title to the value of the products which are the reserved property of third parties. The customer shall assign recognised outstanding balance receivables from current account arrangements to Eisenschmidt as of the time of the conclusion of the contract with Eisenschmidt in the amount of the receivables of Eisenschmidt outstanding at that time. (Extended retention of title)

13.7 At the request of Eisenschmidt, the customer must provide all necessary information on the inventory of products which are the property of Eisenschmidt and on the receivables which have been assigned to Eisenschmidt. The customer must also label the products which are the property of Eisenschmidt as such at Eisenschmidt's request and inform purchasers of the assignment. (Right of information / disclosure)

13.8 In the event that the customer is in default of payment, Eisenschmidt is entitled to demand the temporary surrender of the products which are the property of Eisenschmidt at the cost of the customer. (Default of payment)

13.9 If the collateral specified above exceeds the claims to be secured by more than 10%, Eisenschmidt is obligated to surrender collateral of its choice at the request of the customer. (Partial waiver clause)

14 Termination and withdrawal

14.1 If an e-mail directed to the customer fails to be delivered three times in a row accompanied by the receipt of an error message or if the service cannot be performed due to an incorrect address, Eisenschmidt can withdraw from or terminate the contract.

14.2 If the customer does not fulfil their obligations in accordance with Clause ‎4.1 and/or Clause 4.2, Eisenschmidt can withdraw from or terminate the contract if a contract has entered into effect.

14.3 If the customer makes use of their right of termination under Section 649(1) BGB, then Ei-senschmidt can request 15 percent of the agreed price as flatrate compensation if the execution has not yet begun.

14.4 If the customer terminates the contract after execution begins, then Eisenschmidt is entitled to demand the agreed compensation. In these cases, the customer is entitled to produce evi-dence that Eisenschmidt incurred damages of a lesser amount.

14.5 Both withdrawal and termination on the part of Eisenschmidt must always be made in text form (e.g. via letter, fax or e-mail).

15 Warranty

15.1 In the event that justified complaints regarding defects are raised in a timely manner, Eisenschmidt shall rectify the defects by means of supplementary fulfilment by eliminating the defects or delivering a defect-free item according to its own discretion; in this context, Ei-senschmidt bears only the costs necessary for the purpose of supplementary fulfilment. In addition, Eisenschmidt is entitled to refuse supplementary fulfilment in accordance with the applicable statutory provisions.

15.2 The customer can request withdrawal from the contract or a reduction of the compensation in accordance with the applicable statutory provisions, but only after the fruitless expiration of two appropriate deadlines set for supplementary fulfilment by the customer unless specifying a deadline is unnecessary in accordance with the statutory provisions. In the event of with-drawal, the customer is liable for deterioration, loss and failure of utilisation in cases of intent and any negligence.

15.3 All information on products, particularly the images, illustrations and weight, dimensions and performance information contained in Eisenschmidt offers and publications should be under-stood as approximate average values unless expressly specified otherwise. These constitute descriptions or labels for products and not guarantees of quality.

15.4 If the maintenance instructions from Eisenschmidt are not followed, changes are made to the products, parts are exchanged or consumable materials which do not correspond to the orig-inal specifications are used by the customer or at the customers instruction, all warranties are rendered inapplicable unless the customer demonstrates that this is not the cause of the defect.

15.5 If the customer is a consumer within the meaning of Section 13 BGB, the relevant statutory provisions also apply.

15.6 If the customer is an entrepreneur within the meaning of Section 14 BGB, the following also applies: The prerequisite for any warranty rights of the customer regarding products delivered by Eisenschmidt is the customer’s fulfilment of all obligations of examination and notification in this regard owed pursuant to Section 377 of the Handelsgesetzbuch (HGB – German Commercial Code). Claims for material defects lapse 12 months after delivery of the prod-ucts. This period begins from the time of handover to the customer regardless of the knowledge of the customer of any defects of performance. This does not apply for claims for compensation of damages due to intentional or grossly negligent fault or to compensation of damages due to harm to life, limb or health or in the event of applicability of the Produkthaf-tungsgesetz (ProdHaftG – German Product Liability Act).

16 Liability

16.1 Eisenschmidt shall be liable in the case of intent and gross negligence in compliance with the applicable legal provisions. The same applies to any damage arising from injury to life, body or health caused by negligence. In the case of any damage to property and financial loss, Eisenschmidt shall only be liable in the event of negligent infringement of material contractual obligations; here, liability shall be limited to the typical damages that are foreseeable when the agreement is concluded. Material contractual obligations are those which must be fulfilled if the contractual relationship is to be duly and reliably fulfilled and those that the cus-tomer can rely on.

16.2 With the exception of intention, gross negligence, in the case of harm to life, limb or health and claims under the ProdHaftG, the overall liability is limited to the (net) value of the of-fer/contract.

16.3 With the exception of intention, gross negligence, in the case of harm to life, limb or health and claims under the ProdHaftG, liability for consequential damage and indirect damage is excluded. If damage which is unforeseeable or atypical for the type of contract occur for signifi-cant contractual obligations or if insignificant contractual obligations are concerned, liability for these is also excluded.

16.4 If a third party gains knowledge of the username and/or password of the customer due to careless handling of access data by the customer, Eisenschmidt shall not be liable.

16.5 If any claims for damages arise under this provision, these shall lapse within 12 months after performance of the respective service. This does not apply for claims for compensation of damages due to intentional or grossly negligent fault or to claims for compensation of dam-ages due to harm to life, limb or health or for claims under the ProdHaftG.

17 Terms of use

17.1 The terms of use constitute the basis for the use of print products (including electronic), software, hardware, (pilot) supplies or accessories as well as work results / educational documents pertaining to seminars and training sessions which are offered by Eisenschmidt. The terms of use also apply if the customer makes use of the Eisenschmidt product range from third-party websites which fully or partially enable access to the product range (e.g. via link-ing).

17.2 Copyrights, trademarks, patents and other intellectual property rights in regard to exchanged product groups, work results, educational documents, information or documents of Eisenschmidt / its subcontractors remain with their respective owners. These (particularly rights to source code) may not be transferred. Any usage of the exchanged product groups, work results, educational documents, information or documents is restricted to the purpose of the offer/contract. Any more extensive or deviating rights of use must be expressly set out in a separate agreement.

17.3 Eisenschmidt grants the customer the free, non-transferable and non sublicensable, temporally, substantively and spatially unlimited simple right of use to print products (including electronic), software, hardware, (pilot) supplies or accessories and work results / educational documents pertaining to seminars and training sessions as of the time of their creation for the use of the respective product stipulated under the contractual relationship. The simple license for use encompasses permission to store and/or print a copy of the software for per-sonal use on the computer or other electronic device. Any further copies are prohibited. All rights, including those to modification and duplication, are expressly reserved by Eisenschmidt / the respective rights holder. This granting of rights has no effect on any moral rights or other unalienable rights.

17.4 Any right of use for products offered digitally in accordance with Clause 18.2 which are ac-cessible via an online shop of Eisenschmidt encompass, in the case of users who use the product for commercial purposes, the right for the digitally offered product to be used by any employees of the customer (but not external service providers or their employees). However, a right of use does not grant the right for a digitally offered product to be used by multiple employees at the same time. An e-mail address to be specified by the customer will be used in conjunction with a password to be set by the customer as login details for the use of the digitally offered product.

17.5 No portion of print products (including electronic), software, hardware, (pilot) supplies or accessories and work results / educational documents pertaining to seminars and training sessions may be reproduced, particularly through the use of electronic systems, duplicated, distributed or used for public display without the prior written consent of Eisenschmidt in any form, including for publicity purposes, even if only in the form of excerpts.

17.6 Use of the web-based AIP Online and AIP VFR Online outside of the web applications intended for this purpose is not permitted without further written agreement with R. Eisenschmidt GmbH. This includes, among other things, downloading, storing, further processing, making available offline and passing on related parts of the AIP VFR. This expressly does not apply to the compilation of aerodrome information with the functions intended for this purpose, as required for the typical flight preparation and execution of a flight.

17.7 If any individual contractual arrangements regarding more specific terms of use exist be-tween the customer and Eisenschmidt, these provisions under Clause ‎17 shall take prece-dence in the event of contradictions.

18 Product group-specific provisions

18.1 Subscriptions

18.1.1 The term of subscriptions to products is twelve (12) months. For contracts concluded before March 1st 2022, the term of subscription is automatically extended by a further twelve (12) months if the subscription is not cancelled via the cancellation button (available at 01.07.2022) in the shop service with a notice period of one (1) month to the end of the subscription period. Contracts with a term of twelve (12) months, which have been running since March 1st 2022, end automatically after the contract term and do not require termination.

18.1.2 Eisenschmidt is entitled to adjust the agreed prices for subscriptions on the basis of ex-change rate fluctuations, increased production costs and other reasons that are unforesee-able as of the time of the conclusion of the contract. The customer will be notified of the price adjustment 15 working days in advance in text form. From this point in time onwards, the customer has a special right of termination that they can exercise within 15 working days.

18.2 Digitally offered product groups

In cases of product groups that are offered online (e.g. Electronic products, online training sessions etc.), Eisenschmidt fulfils its contractual service obligation by providing online access to the use/download of the ordered product. This online access is typically available via the customer ac-count (My Account >> My Immediate Downloads) immediately after the order.

18.3 Training sessions and seminars

18.3.1 If expressly included in the description of the course or seminar, Eisenschmidt will compile work results and send them to the course participants in appropriately documented form.

18.3.2 Eisenschmidt does not owe specific work results or specific work outcomes.

18.3.3 Eisenschmidt assumes no responsibility for the successful participation / successful completion of a course of study or seminar by the customer’s participants. In addition, Eisenschmidt does not assume any responsibility or guarantee for any learning outcomes of the customer's participants.

18.3.4 The term of the training / seminar is determined according to the commissioned period of time and does not require separate termination.

18.3.5 Termination: The parties are entitled to fully or partially terminate the contractual relation-ship at any time for good cause. If the good cause in question consists of the breach of an obligation under this contract, extraordinary termination is possible only after the unsuc-cessful expiration of a term specified for remediation or after unsuccessful warning.

Good cause is deemed to exist in cases including the following:

• One of the customer’s participants jeopardises the successful learning of other participants, specifically by substantially slowing down the course;
• One of the customer's participants is at fault for not participating in more than half of the (simulation) exercises;
• One of the customer's participants repeatedly fails to follow courserelated instructions (e.g. preparation for exercises) from the instructor;
• One of the customer's participants gravely insults instructors or other participants.

18.3.6 Clauses ‎14.4 and ‎14.5 also apply to any termination.

18.3.7 Cancellation: The customer can cancel participation free of charge up to 5 weeks before the course begins. Cancellation at a later point in time or non-participation will result in the payment of the full course/seminar price. In these cases, the customer is entitled to produce evidence that Eisenschmidt did not incur damages or only incurred damages of a lesser amount. Only intermittently participating in events, regardless of reason, does not create an entitlement to a reduction of the course/seminar price.

18.3.8 Eisenschmidt reserves the right to cancel events when the minimum number of participants is not reached, in the event of illness of teaching personnel or other reasons which are not the fault of Eisenschmidt. The customer will be informed of this fact immediately. Eisenschmidt will also strive to provide an alternative date. If necessary, fees already paid will be refunded. No further claims exist.

18.4 Customised goods

18.4.1 The customer shall provide Eisenschmidt with the appropriate necessary information (text) via e-mail to info@eisenschmidt.aero immediately after conclusion of the contract at the latest. Any potential requirements of ours regarding file formats are specified on the respective product page of our online shop and must be complied with.

18.4.2 The customer undertakes not to share any data with content which infringes on the rights of third parties (particularly rights of use, copyrights, name rights or trademarks) or violates existing laws.

18.4.3 Eisenschmidt does not review the data shared for substantive correctness. Eisenschmidt is not liable for any errors due to erroneous data, transmission etc.

19 Instructions and form on revocation for consumers

Right of revocation You have the right to revoke this contract without specifying reasons within fourteen days. The revocation period amounts to fourteen days from the date

• on which you or a third party specified by you who is not the carrier take/took possession of the goods if you ordered one or more goods in the context of a unified order and these are delivered together;
• on which you or a third party specified by you who is not the carrier take/took possession of the final goods if you ordered multiple goods in the context of a uniform order and these are delivered separately;
• on which you or a third party specified by you who is not the carrier take/took possession of the final partial delivery or the final part if you ordered a good that is delivered in multiple partial deliveries or parts;
• on which you or a third party specified by you who is not the carrier take/took possession of the first goods if goods are delivered for regular delivery over a defined period of time in the context of an order.

To exercise your right of revocation, you must send a notification of your decision to revoke this contract to

by means of an unambiguous declaration (e.g. via letter sent by post, fax or e-mail).

You can use the enclosed sample revocation form for this, but this is not mandatory (download sample revocation form). To ensure compliance with the revocation period, it is sufficient for you to dispatch the notification of the exercise of the right of revocation before the expiration of the revocation period.

Consequences of revocation

If you revoke this contract, Eisenschmidt must refund all payments we have received from you in-cluding delivery costs (with the exception of additional costs incurred if you selected a different type of delivery than the economical standard delivery we offer) without delay and within fourteen days of the date on which we receive the notification of your revocation of this contract at latest. Eisenschmidt will use the same payment method for this refund that you used for the original transaction unless something else has been expressly agreed with you; under no circumstances will you be charged any fee due to this refund.

Eisenschmidt may refuse the refund until the goods have been returned to Eisenschmidt or until you have provided evidence that you have dispatched the goods depending on which is the earlier point in time.

You must return or hand over the goods to us without delay and in every case within fourteen days of the date on which you informed Eisenschmidt of the revocation of this contract at latest. The period is deemed complied with if you send the goods to the following address before the expiration of the period of fourteen days:

Within Germany, Eisenschmidt bears the costs of returning the goods if the value of the item to be returned exceeds 40 euros. In this case, Eisenschmidt will provide you with a return label. In cases of returns from countries outside of Germany, you bear the direct costs of returning the goods.

You are only required to pay for any loss in value of the goods if this loss in value is attributable to handling beyond what is required for the examination of the quality, condition and functionality of the goods.

If you have requested that training sessions or seminars begin during the revocation period, then you must pay us an appropriate amount that corresponds to the portion of the services already per-formed as of the time you inform us of the exercise of the right of revocation regarding this contract in proportion to the full scope of the services stipulated under the contract.

Grounds for exclusion or expiration

The right of revocation does not apply for contracts

• for the delivery of goods which are not preassembled and the manufacture of which is determined according to individualised selections or specifications of the consumer or which are unambiguously customised for the personal requirements/requests of the consumer;
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts;
• for the delivery of digital content which is not stored on a physical data medium if the entrepreneur has started execution of the contract after the consumer has expressly consented to the entrepreneur beginning the execution of the contract before the expiration of the revocation period and has confirmed their awareness of the fact that with this consent, they will lose their right to revocation upon the beginning of execution of the contract;
• for the delivery of any print-on-demand products.

The right of revocation expires early for contracts for the delivery of audio or video recordings or software in sealed packaging if the sealing has been removed after delivery.

20 Data protection

20.1 If any of the parties receive personal data within the meaning of Regulation (EU) No. 2016/679 (General Data Protection Regulation – GDPR) or the Bundesdatenschutzgesetz (BDSG – German Federal Data Protection Act), the receiving party warrants that they will observe all relevant European and German data protection provisions. The receiving party is aware of the fact that both confidential information and other content or information of the disclosing party may constitute personal data and warrants that all personal data received / to be received in the future will be collected, processed and used in observance of all relevant European and German data protection provisions.

20.2 The text of the contract and the order data will be stored by Eisenschmidt.

20.3 Distributors who order products with “amendment service” on behalf of their customers must have the express consent of their customers to the sharing of their address data for the pur-pose of regular deliveries.

21 Miscellaneous

21.1 Unless otherwise stipulated herein, notices and other declarations to be made to any party shall be valid when received by that party in text form. If a deadline must be complied with, the declaration must be received before this deadline.

21.2 Even in the event that individual items of this contract prove legally ineffective, the other parts shall remain binding. The invalid items will be replaced by the relevant statutory provisions, if available.

21.3 The contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG).

21.4 If the customer is a businessperson, a legal entity under public law or a special estate under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Eisenschmidt shall be Frankfurt am Main or, at the discretion of Eisenschmidt, the general place of jurisdiction for the customer.

21.5 Eisenschmidt is neither willing nor obligated to participate in dispute resolution procedures before consumer arbitration boards.

22 Provider identification

R. Eisenschmidt GmbH

Flugplatz 1

63329 Egelsbach

Germany

Tel.: 06103 20596 0

Fax: 06103 20596 59

E-mail: info@eisenschmidt.aero

Managing director: Ina-Katharina Coutandin

Local court of Offenbach am Main, HRB No. 3 44 66

VAT ID: DE 811 146 253

Tax number: 044 242 65129

The European Commission provides a platform for online extrajudicial dispute resolution which is accessible at: https://ec.europa.eu/consumers/odr/.

Status: Version 4.1, April 2020