HISTORY OF AVIATION

§ 1.1 GENERAL

THE WEB SITE HISTORY OF AVIATION OPERATES A SALES PLATFORM FOR AVIATION CALENDARS, AVIATION POSTERS AND AVIATION BOOKS UNDER THE URL WWW.HISTORY-OF-AVIATION.NET. AS THE OPERATOR AND PROPRIETOR OF THIS INTERNET SALES PLATFORM, HISTORY OF AVIATION IS ALSO THE CONTRACTUAL PARTNER FOR ANY PERSONS WISHING TO OBTAIN GOODS VIA THIS PLATFORM.

§ 1.2

ALL CONTRACTUAL RELATIONSHIPS BETWEEN HISTORY OF AVIATION AND ITS CUSTOMERS ARE SUBJECT EXCLUSIVELY TO HISTORY OF AVIATION’S ONLINE SELLING POLICY. ANY DIFFERING ONLINE SELLING POLICY OF THE CUSTOMER DO NOT APPLY. INDIVIDUAL AGREEMENTS ARE EFFECTIVE ONLY IF MADE IN WRITING.

§ 1.3

THE CUSTOMER IS REQUIRED TO GIVE TRUTHFUL AND COMPLETE INFORMATION WHEN FILLING OUT ORDER FORMS. THE CUSTOMER IS LIABLE FOR ANY DAMAGES ARISING FROM HAVING GIVEN UNTRUE OR INCOMPLETE INFORMATION.

§ 1.4

SHOULD ANY PROVISION OF THESE TERMS AND CONDITIONS BE OR BECOME INEFFECTIVE, THIS SHALL NOT AFFECT THE VALIDITY OF ALL REMAINING PROVISIONS.

§ 2.1 CONCLUSION OF CONTRACT

THE AVIATION CALENDARS, AVIATION POSTERS AND AVIATION BOOKS LISTED BY HISTORY OF AVIATION ON THE WEB SITE DO NOT CONSTITUTE AN ANNOUNCEMENT OF SALE, BUT MERELY AN INVITATION TO CUSTOMERS TO MAKE AN APPLICATION TO PURCHASE.

§ 2.2

APPLICATIONS TO PURCHASE MAY BE INITIATED BY FOLLOWING THE REQUIRED ORDER INSTRUCTIONS LISTED ON OUR INTERNET SALES PLATFORM. THE CUSTOMER IS OBLIGED TO GIVE TRUTHFUL AND COMPLETE INFORMATION WHEN FILLING OUT ORDER FORMS.

§ 2.3

THE CUSTOMER'S APPLICATION SHALL BE CONSIDERED ACCEPTED AFTER A SUCCESSFUL ONLINE ORDER SUBMISSION ON. OUR INTERNET SALES PLATFORM FOR AVIATION CALENDARS, AVIATION POSTERS AND AVIATION BOOKS ACCEPTS ONLY PAYMENTS IN ADVANCE PRIOR TO DELIVERY OF THE ORDERED GOODS.

§ 2.4

APPLICATIONS TO PURCHASE BY THE CUSTOMER SHALL BE ACCEPTED ONLY IN OBSERVANCE OF THE CURRENT RESPECTIVE PRICES AND CONDITIONS. ALL PRICES QUOTED ARE EXCLUSIVE OF STATUTORY VALUE ADDED TAX.

§ 2.5

HISTORY OF AVIATION MAKES NO GUARANTEE THAT IT WILL BE ABLE TO SUPPLY ALL PRODUCTS LISTED ON THE WEB SITE AT ALL TIMES. IF ONE OR MORE PRODUCTS ARE UNAVAILABLE AT THE TIME OF PURCHASE, HISTORY OF AVIATION SHALL INFORM ITS CUSTOMERS TO THIS EFFECT BY ELECTRONIC MAIL.

§ 3.1 RETURN POLICY

HISTORY OF AVIATION FULLY GUARANTEES THE PACKAGE YOU RECEIVE AGAINST ANY BENDING, TEARING, BREAKING OR ANY OTHER KIND OF DAMAGE WHICH MAY OCCUR DURING THE SHIPMENT PROCESS. FOR THIS REASON, WE WANT TO INSURE THE GOODS ARE CAREFULLY PACKED AND SHIPPED VIA A CERTIFIED PARCEL CARRIER IN GERMANY FOR YOUR SATISFACTION.

§ 3.2

IF YOU RECEIVE A DAMAGED PACKAGE, YOU MUST REFUSE TO ACCEPT IT FROM THE PARCEL CARRIER. IF FOR SOME REASON YOU OBTAIN THE DAMAGED PACKAGE ANYWAY, OR IF WE MADE AN ERROR IN THE PROCESSING OF YOUR ORDER (I.E. IF YOU RECEIVE THE WRONG ITEM OR A PRODUCT ITEM WHICH YOU DID NOT ASK FOR), PLEASE DO NOT MAIL IT BACK TO US. THE CUSTOMER IS OBLIGED TO NOTIFY HISTORY OF AVIATION BY ELECTRONIC MAIL WITHIN 5 DAYS OF RECEIVING THE PACKAGE, AND WE WILL ARRANGE A RETURN SHIPMENT.

§ 3.3

HISTORY OF AVIATION IS NOT OBLIGED TO OFFER ANY CREDIT FOR ITEMS WHICH ARE RETURNED IN DAMAGED CONDITION. WE RECOMMEND OUR CUSTOMERS TO USE AN INSURED CARRIER SUCH AS HERMES OR DHL FOR RETURN-SHIPPING. HISTORY OF AVIATION CANNOT ACCEPT RESPONSIBILITY FOR UNSOLICITED RETURNS. THE CUSTOMER HAS TO CONTACT HISTORY OF AVIATION IN WRITING OR VIA ELECTRONIC MAIL BEFORE SENDING BACK ANY ITEMS WITHIN 5 DAYS OF RECEIVING THE PACKAGE.

§ 3.4

IF YOU ARE IN ANY WAY UNSATISFIED WITH YOUR ORDERD ITEMS, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT WITHIN 5 BUSINESS DAYS OF RECEIVING YOUR ORDER AND WE WILL BE HAPPY TO ASSIST YOU. ALL RETURNED GOODS MUST BE SHIPPED BACK TO US NO LATER THAN 14 DAYS AFTER THE DATE THE ORDER WAS INITIALLY DELIVERED.

§ 3.5

HISTORY OF AVIATION WILL CREDIT YOU FOR ALL GOODS RETURNED TO US (AT YOUR EXPENSE) IN RESALABLE CONDITION, AND WILL PROVIDE REPLACEMENTS OR STORE CREDIT FOR ANY CUSTOM ORDER ITEMS. WE CAN ONLY OFFER CREDIT FOR ITEMS PAID FOR WITH CASH (I.E. CREDIT CANNOT BE RE-ISSUED FOR THOSE ITEMS PAID IN ADVANCE, UNLESS IT IS DUE TO A MANUFACTURING ERROR).

§ 4.1 GUARANTEE

HISTORY OF AVIATION OFFERS NO GUARANTEE AGAINST UNAVOIDABLE VARIATIONS BETWEEN THE SUPPLIED GOODS AND THE ITEMS FEATURED ON THE INTERNET SALES PLATFORM. WITH AVIATION CALENDARS, POSTERS, BOOKS AND OTHER PRINT PRODUCTS, VARIATIONS IN COLOR TONE WITH RESPECT TO SAMPLES, IN FORMAT, AND IN PAPER, MATERIALS, AND SURFACE QUALITY ARE INEVITABLE DUE TO PRODUCTION AND/OR PRINTING TECHNIQUES. THESE KINDS OF VARIATIONS CONSTITUTE NO GROUNDS FOR NOTICE OF DEFECTS.

§ 4.2

PRODUCTS SOLD BY HISTORY OF AVIATION ARE MADE FROM INDUSTRY STANDARD MATERIALS. PRINT QUALITY, COLORS, MATERIALS, LIGHT STABILITY, ETC. CAN ONLY BE GUARANTEED ON THE BASIS OF NORMAL DURABILITY.

§ 4.3

INCORRECT DELIVERIES AND OBVIOUS DEFECTS ARE TO BE REPORTED TO HISTORY OF AVIATION BY THE CUSTOMER IN WRITING OR ELECTRONIC MAIL WITHIN 5 BUSINESS DAYS OF RECEIVING THE PACKAGE.

§ 5.1 COPYRIGHT

ALL PRODUCTS SOLD BY HISTORY OF AVIATION ARE PROTECTED BY INTERNATIONAL COPYRIGHT LAW. THE CUSTOMER, EITHER IN PERSON OR VIA THIRD PARTIES, IS PROHIBITED FROM COPYING, REPRODUCING, OR SELLING GOODS SOLD BY HISTORY OF AVIATION.

§ 5.2

ALL MATERIALS WHICH ARE PRESENTED ON THE WWW.HISTORY-OF-AVIATION.NET INTERNET WEBSITE (INCLUDING WITHOUT LIMITATION ALL TEXTS, ARTICLES, SLOGANS, SERVICEMARKS, TRADE NAMES, IMAGES, LOGOS, SOFTWARE AND DESIGNS) ARE COPYRIGHT © HISTORY OF AVIATION. ALL RIGHTS RESERVED.

§ 5.3

CUSTOMERS ARE EXPRESSLY PROHIBITED FROM THE COMMERCIAL USE OF OUR DATA IN CREATING THEIR OWN INFORMATION SERVICES, UNLESS WRITTEN CONSENT HAS BEEN OBTAINED. THE DATA IN ITS ENTIRETY IS PROTECTED AS A COLLECTED WORK UNDER §4 OF THE GERMAN COPYRIGHT ACT (URHEBERRECHTSGESETZ).

§ 5.4

NOTE TO EDITORS, WEB MASTERS, AND PUBLISHERS OF NEWSLETTERS. THIS WEB SITE IS PROTECTED BY COPYRIGHT LAW. IF YOU WISH TO PUBLISH ANY OF ITS CONTENTS WITHIN YOUR PUBLICATION, PLEASE CONTACT US FIRST. THE MATERIALS PRESENTED ON WWW.HISTORY-OF-AVIATION.NET MAY BE COPIED AND DISTRIBUTED ON A LIMITED BASIS FOR NONCOMMERCIAL PURPOSES ONLY, PROVIDED THAT ANY MATERIAL COPIED REMAINS INTACT AND THAT ALL COPIES INCLUDE THE FOLLOWING NOTICE IN A CLEARLY VISIBLE POSITION: COPYRIGHT © HISTORY OF AVIATION. ALL RIGHTS RESERVED.

§ 5.5

ALL OTHER TRADEMARKS, PRODUCT NAMES, COMPANY NAMES OR LOGOS CITED ON WWW.HISTORY-OF-AVIATION.NET ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. THESE MATERIALS MAY NOT BE COPIED OR REDISTRIBUTED FOR COMMERCIAL PURPOSES OR FOR COMPENSATION OF ANY KIND WITHOUT PRIOR WRITTEN PERMISSION FROM HISTORY OF AVIATION.

§ 6.1 DELIVERY CONDITIONS

GOODS ARE SHIPPED SOLELY UPON SUCCESSFUL ONLINE ORDER SUBMISSION AND PAYMENT IN ADVANCE ON OUR INTERNET SALES PLATFORM FOR AVIATION CALENDARS, POSTERS AND BOOKS.

§ 6.2

SPECIFIED DELIVERY TIMES ARE NOT BINDING AND ARE SUBJECT TO THE AVAILABILITY OF THE ORDERED GOODS OR SERVICES.

§ 6.3

HISTORY OF AVIATION IS ENTITLED BUT NOT OBLIGED TO MAKE PARTIAL DELIVERIES.

§ 6.4

GOODS WILL NORMALLY BE SHIPPED BY GERMAN POSTAL SERVICES SUCH AS HERMES OR DHL FOR CUSTOMERS WITHIN THE FEDERAL REPUBLIC OF GERMANY.

§ 6.5

DELIVERIES WITHIN THE USA, CANADA, MEXICO AND MOST EUROPEAN COUNTRIES ARE CARRIED OUT BY DEUTSCHE POST DHL. CUSTOMERS ADDITIONALLY RECEIVE A TRACKING-NUMBER. THE FORWARDED TRACKING NUMBER ENABLES THE CUSTOMER TO FOLLOW THE JOURNEY OF THE PACKAGE OVER THE INTERNET.

§ 7.1 PAYMENT

OUR INTERNET SALES PLATFORM WWW.HISTORY-OF-AVIATION.NET ACCEPTS ONLY PAYMENTS IN ADVANCE TO THE BANK ACCOUNT AND/OR PAYPAL ACCOUNT AS INDICATED ON THE ORDER CONFIRMATION AND INVOICE.

§ 7.2

OUR INTERNET SALES PLATFORM WWW.HISTORY-OF-AVIATION.NET IS HOSTED BY LEADERS IN WEB HOSTING.IN ADDITION, WE USE SECURE SERVER TECHNOLOGY SUCH AS SECURE SOCKET LAYER ENCRYPTION (SSL) TO ENCRYPT AND PROTECT OUR CUSTOMERS BY PLACING AN ORDER ON OUR WEB SITE.

§ 7.3

ALL PRESENTED AVIATION CALENDARS POSTERS AND BOOKS ON OUR INTERNET SALES PLATFORM WWW.HISTORY-OF-AVIATION.NET ARE PRICED IN EURO EXCLUSIVE OF STATUTORY VALUE ADDED TAX. THE INVOICE AMOUNT COMPRISES THE ITEM PRICE, STATUTORY VAT, SHIPPING AND PACKAGING COSTS.

§ 7.4

WHEN THE ONLINE ORDER IS PLACED. AN ORDER CONFIRMATION AND INVOICE WILL BE SENT TO THE CUSTOMER BY ELECTRONIC MAIL CONTAINING BANK AND/OR PAYPAL INFORMATION FOR PAYMENTS IN ADVANCE.

§ 7.5

ANY DUTIES AND TAXES ARE THE RESPONSIBILITY OF THE RECIPIENT.

§ 8.1 LIABILITY

HISTORY OF AVIATION EXPRESSLY ACCEPTS NO LIABILITY FOR DAMAGE TO OR LOSS OF ANY AVIATION CALENDAR, AVIATION POSTER AND AVIATION BOOK PROVIDED BY HISTORY OF AVIATION.

§ 8.2

IN SO FAR AS DO NOT OTHERWISE ARISE FROM THE FOLLOWING PROVISIONS, ALL FURTHER CLAIMS ARE EXCLUDED. HISTORY OF AVIATION SHALL NOT BE LIABLE FOR ANY DAMAGES NOT ARISING FROM THE SUPPLIED GOODS THEMSELVES; IN PARTICULAR, NO LIABILITY IS ACCEPTED FOR LOSS OF PROFIT OR ANY OTHER FINANCIAL LOSSES.

§ 8.3

THE PROVISIONS OF THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) REMAIN UNAFFECTED.

§ 9.1 RIGHTS OF THIRD PARTIES

THE CUSTOMER ALONE SHALL BEAR THE CONSEQUENCES OF ANY INFRINGEMENT OF COPYRIGHT OR TRADEMARK RIGHTS OR OTHER INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

§ 9.2

IN THIS RESPECT, THE CUSTOMER EXEMPTS HISTORY OF AVIATION FROM CLAIMS BY THIRD PARTIES.

§ 10.1 DATA PROTECTION

THE CONFIDENCE OF OUR INTERNET USERS IS OF GREAT IMPORTANCE TO US AND FOR THIS REASON WE WISH TO EXPLAIN HOW WE HANDLE USERS' PERSONAL DATA. IT IS NOT GENERALLY NECESSARY TO GIVE ANY PERSONAL DETAILS IN ORDER TO ACCESS OUR INTERNET SITE. IF ANY FORM REQUIRES YOU TO GIVE YOUR NAME, ADDRESS, OR OTHER PERSONAL DATA, YOU WILL BE ADVISED OF THIS IN ADVANCE. IF YOU DECIDE TO PROVIDE US WITH YOUR PERSONAL DETAILS OVER THE INTERNET, SO THAT WE CAN ENTER INTO CORRESPONDENCE WITH YOU OR YOU CAN PLACE AN ORDER, THEN WE WILL HANDLE THIS DATA CAREFULLY IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL DATA PROTECTION ACT (BDSG) USING INDUSTRY STANDARD SOFTWARE AND HARDWARE AS WELL AS COMMUNICATIONS SERVICES OF OUR CHOICE.

§ 10.2

USAGE DATA THAT WE OBTAIN WHEN OUR WEB SITE IS ACCESSED WILL BE TREATED IN ACCORDANCE WITH THE SECURITY STANDARDS OF THE GERMAN TELESERVICES DATA PROTECTION ACT AND THE DATA PROTECTION REGULATIONS FOR TELECOMMUNICATIONS COMPANIES. BY DOING THIS WE PRECLUDE YOUR PERSONAL DATA BEING PASSED ON TO THIRD PARTIES OR IN ANY WAY MARKETED.

§ 11.1 GENERAL PROVISIONS

YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT YOU HAVE, IN ADDITION TO THE TERMS OF THIS AGREEMENT, REVIEWED THE ONLINE SELLING POLICY, TERMS OF USE AND ANY OTHER AGREEMENTS WHICH MAY BE INCORPORATED BY REFERENCE THEREIN, AND TO THE EXTENT OF THEIR INCORPORATION IN THIS AGREEMENT YOU AGREE TO BE BOUND BY THEM.

§ 11.2

HISTORY OF AVIATION’S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT.

§ 11.3

IF ALL OR PART OF ANY PROVISION OF THIS AGREEMENT IS WHOLLY OR PARTIALLY UNENFORCEABLE, THE PARTIES OR, IN THE EVENT THE PARTIES ARE UNABLE TO AGREE, A COURT OF COMPETENT JURISDICTION, SHALL PUT IN PLACE OF SUCH WHOLE OR PART PROVISION AN ENFORCEABLE PROVISION OR PROVISIONS, THAT AS NEARLY AS POSSIBLE REFLECTS THE TERMS OF THE UNENFORCEABLE WHOLE OR PART PROVISION.

§ 11.4

YOU AGREE TO PAY AND BE RESPONSIBLE FOR ANY AND ALL SALES TAXES, USE TAXES, VALUE ADDED TAXES AND DUTIES IMPOSED BY ANY JURISDICTION AS A RESULT OF THE LICENSE GRANTED TO YOU, OR OF YOUR USE OF THE CONTENT, PURSUANT TO THIS AGREEMENT.

§ 11.5

THIS AGREEMENT WILL BE GOVERNED UNDER THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY AND THE FEDERAL LAWS OF GERMANY APPLICABLE THEREIN (WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES). THIS AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED. YOU CONSENT TO SERVICE OF ANY REQUIRED NOTICE OR PROCESS UPON YOU BY REGISTERED MAIL OR OVERNIGHT COURIER WITH PROOF OF DELIVERY NOTICE, ADDRESSED TO THE ADDRESS OR CONTACT INFORMATION PROVIDED BY YOU AT THE TIME THE LICENSED MATERIAL WAS DOWNLOADED OR RECEIVED BY OUR SHIPPING CARRIER, OR SUCH OTHER ADDRESS AS YOU MAY ADVISE US IN WRITING TO USE, FROM TIME TO TIME.

§ 11.6

ANY AND ALL DISPUTES ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ITS VALIDITY, INTERPRETATION, PERFORMANCE AND BREACH, SHALL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BY A SINGLE ARBITRATOR APPOINTED IN ACCORDANCE WITH SUCH RULES. THE ARBITRATION SHALL TAKE PLACE IN MUNICH, GERMANY, AND SHALL BE CONDUCTED IN GERMAN LANGUAGE.

§ 11.7

THE ABOVE ALSO APPLIES IF THE CUSTOMER IS NOT A FULLY QUALIFIED MERCHANT AND HAS NO GENERAL PLACE OF JURISDICTION IN THE FEDERAL REPUBLIC OF GERMANY.

§ 11.8

THE APPLICABLE LAW IS THAT OF THE FEDERAL REPUBLIC OF GERMANY TO THE EXCLUSION OF UNITED NATIONS LAW GOVERNING THE SALE OF GOODS.

§ 12.1 CONTACT INFORMATION

FOR QUESTIONS, INQUIRIES, OR CORRESPONDENCE OF ANY OTHER MATTER, USE THE EMAIL ADDRESS ON OUR WEB SITE WWW.HISTORY-OF-AVIATION.NET OR OUR MAILING ADDRESS AS STATED HEREIN:

HISTORY OF AVIATION

HAUPTSTRASSE 2A

D-85293 REICHERTSHAUSEN

GERMANY

IN YOUR LETTER AND/OR EMAIL, DESCRIBE IN AS MUCH DETAIL AS POSSIBLE THE NATURE OF YOUR INQUIRY OR REQUEST OR THE WAYS IN WHICH YOU BELIEVE THAT THE HISTORY OF AVIATION’ SELLING POLICY HAS NOT BEEN COMPLIED WITH.

§ 12.2

NOTE THAT HISTORY OF AVIATION WILL ONLY PROCESS INQUIRIES OR REQUESTS WHICH DESCEND FROM A VALID ORIGINATOR. ANY INQUIRY OR REQUEST WE RECEIVE BY ELECTRONIC MAIL OR BY MAIL WHICH COMES FROM AN UNRELIABLE, INCORRECT OR ANONYMOUS ORIGINATOR WILL NOT BE PROCESSED.

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