§ 1 Range of Application

Each contractual relationship between Aviation Media & IT GmbH ("SkyTest") and a private, non commercial customer shall be governed these Terms and Conditions.

The written consent of SkyTest only indicates the recognition of individual contractual conditions.

A contractual relationship between SkyTest and a commercial interest customer shall be subject to an individual agreement by priority.


§ 2 Conclusion of Contract

The order of a customer is understood as an offer to SkyTest to conclude a contract.

The contract comes off by SkyTest accepting the offer explicitly or sending the product(s) ordered.

A confirmation of the order (e.g. by email) does not express the consent of SkyTest to conclude a contract.


§ 3 Right of Revocation and Consequences of Revocation

An ordering party is entitled to revoke his or her contractual declaration within two weeks without specifying reasons or prior notice, doing so in text form (e.g. by letter, fax or e-mail) or by returning the goods provided. The period will begin after receipt of this advice in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first part delivery) and also not before fulfillment of the information obligations in compliance with § 312c Para. 2 BGB in combination with § 1 Para. 1, 2 and 4 BGB-InfoV as well as the obligations of the respective vendor in compliance with § 312e Para. 1 Clause 1 BGB in combination with § 3 BGB-InfoV. Right of revocation ceases with consumer activating a service within revocation period.

To comply with the revocation period, it suffices to send off the revocation notice or the product in good time.

Notice of revocation is to be sent to:

Aviation Media & IT GmbH
Represented by Mr Andreas Gall as Director
Schwabachstraße 1
91077 Neunkirchen am Brand
Germany

Fax: +49 9134 706423
eMail: office{at}skytest.de

In the event of a revocation legally effective, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. The ordering party may have to provide value compensation if the ordering party cannot, either in whole or in part, return the received service to the vendor or can only do so in an impaired state. This will not apply to the making available of objects if impairment of the object is attributable solely to inspection thereof, as would have been possible for the ordering party in a shop, for example. Incidentally, the ordering party can avoid providing compensation for an impairment caused by use of the object in accordance with its intended purpose by refraining from using the object like his or her property and by refraining from all actions that would have a detrimental influence on its value.

Objects that can be sent in parcels must be returned at the vendor's risk. Returning will be free of charge to the ordering party. Objects that cannot be sent in parcels will be picked up from the ordering party by the vendor.

Obligations to reimburse payments must be fulfilled within 30 days. For the ordering party, the period will begin when the revocation declaration or the object is sent. For the vendor, the period will begin with its receipt.


§ 4 Shipping

SkyTest will ship the goods to the address indicated by the customer. Delivery dates are not compulsory.


§ 5 Payments, Delay and Reminder

The customer shall pay the purchase price ex ante by bank transfer, by cash on delivery or ex ante by PayPal®.

A payment by cash on delivery is limited to customers with a German shipping address.

If delivery is carried out before before payment, SkyTest is entitled to demand default interests of 5% above the European Central Bank base interest rate p.a. in case of late payment after sending a reminder.

The right of SkyTest to ask for further compensation remains unaffected.

SkyTest is entitled to charge 3.00 Euros for every reminder. Legal costs resulting from late payment will be imposed on the customer.


§ 6 Reservation of Title

The products delivered remain property of SkyTest until they are completely paid for.


§ 7 Licences

All licences given by SkyTest are limited to personal use of the customer and are not transferable to third parties.

The customer may not resell SkyTest products governed by licence.

The customer may not use SkyTest products for commercial seminars.

This applies to all versions of the SkyTest products, all update versions for SkyTest products and all future software products offered by SkyTest.


§ 8 Activation of Software

After installation, software must be activated and registered before it can be used.

The website www.skytest.com provides an activation template to generate a hardware-based activation code with. This code unlocks the software.

If the software is installed on a second system, the customer may ask for a free additional licence SkyTest provides via email or telefax as soon as the customer declares by written statement to recognise and to comply with the licence standards issued by SkyTest.


§ 9 Exclusion of Warranty

The uninterrupted accessibility and functionality of the SkyTest website, the activation template and the accessibility to contact SkyTest via post, telephone, fax, internet or email are not guaranteed.

The period of revocation will be extended until the accessibility of SkyTest is restored.


§ 10 Limitation of Liability

SkyTest and private and commercial entities related to SkyTest shall not be held liable for damages to customer or a third party caused by failure, maintenance, virus attacks or other impairment of the software products or the SkyTest website as far as those have not been caused SkyTest.
SkyTest shall not be held liable in case of simple negligence.

SkyTest shall become subject of claims regarding the compensation of damages or consequential damages, financial impairments and third party claims against SkyTest as far as law permits the limitation of liability.

SkyTest shall not become subject of claims regarding the compensation of legal costs as far as law permits the limitation of liability.


§ 11 Privacy Statement

Personal data are kept confidential and will not passed to third parties who are not direct part of the transaction.


§ 12 Governing Law

Each contractual relationship between SkyTest and a customer shall be governed by Germany law only.

The UN Convention on Contracts for the International Sale of Goods (CISG) shall not become governing law in any case.


§ 13 Place of Jurisdiction

Place of jurisdiction shall be the Court of Bamberg.


§ 14 Salvatory Clause

If a paragraph of these terms and conditions does not comply with law, therefore is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of other paragraphs of these terms and conditions.

A paragraph that does not comply with law shall be replaced by a regulation that matches its economic intension in a legal manner. Regulation gaps shall be closed by taking economic intensions of these terms and conditions into account.