General Terms & Conditions

 Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. SHIPMENT AND DELIVE CONNOTIONS
  6. Reservation of proprietary rights
  7. Warranty
  8. Redemption of Campaign Vouchers
  9. Applicable Law
  10. Alternative dispute resolution

1) Scope of Application

1.1 Thesis General Terms and Conditions (Fucker Referred to As "GTC") of the Company Marcel Hummrich
3D-SIMGEAR (fucker referred to as "seller") Shall Apply to All Contract Consumer or a Trader (fucker referred to as "client") and the seller relating to all goods and/or services presented in the sell's online shop . The inclusion of the client’s own Conditions is herwith objected to, unless other term have been stubated.

1.2 For contracts Regarding the Delivery of Vouchers, thesis GTC Shall Apply Accordingly, UNSTESS Expressly Agreed OtherWise.

1.3 A consumer pursuant to thesis gtc is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-emyed occupational activity.

1.4 A Trader Pursuant to these GTC is a natural or legally person or a partnerhip with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the seller’s online shop do not constitutes binding offer on the part of the seller, but merely serve the purpose of sub -ofting a binding offer by the client.

2.2 The client may submit the offer via the online order form integrated into the sell's online shop. In doing so, after having placed the selected Goods and/Or Services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the good. /Or services contained in the shopping cart.

2.3 The seller May Accept the Client’s Offer Within Five Days,
- by Transferring a Written Order Confirmation or an Order Confirmation in Written form (fax or email); Insofar RecePT of Order Confirmation by the Client is Decisive, OR
- by Delivering Ordered Goods to the Client; Insofar RecePT of Goods by the Client is Decisive, Or
- By Requesting the Client to Pay After He Placed his Order.

Provided that Several of the Aforemented Alternatives APPLY, The Contract Shall Be Concluded at the Time Whe One of the Aforemented Alternatives Firstly Occurs. Should the seller not accept the client’s offer with the aforemented period of time, this shall be deemed as rejecting the offer with the effect that the client is no longer bound by his statement of intent.

2.4 If a Payment Method Offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (fucker Referred to as "PayPal"), Subject to the PayPal Terms of Use, Available AT   https://www.paypal.com /de /WebApps /mpp /UA /Useragreem full ? local.x = en_de  Or, if the client does not have a PayPal account, subject to the term for payments with a PayPal account, available at   https://www.paypal.com /UK /WebApps /mpp /UA /Privacywax-Full. If the client Pays by Means of a Method of Payment Offered by PayPal which can be selected in the online order, the seller Herereby DECLARES The Acceptance of the Client's Offer at the time when the client clicks on the Button Concluding the Order Process.

2.5 Whhen Submittting an offer via the sell's online order form, the text of the contract is stored by the seller after the contract has been concluded and transmeded to the client in text form (e.G. email, fax or letter) after the order has been Sent. The seller shall not make the contract text accessible beyond this. If the client has set up a user account in the sell's online shop prior to sending his order, the order data shall be stored on the sell's website and can be accessed by the client free of charge via his password-protected user account by specificing Corresponding Login Data.

2.6 Prior to sub -thart a binding order via the seller’s online order form, the client may recognize input errors by reading attentively the information displayed on the screen. The enlarge Function of the browser to enlarge the display on the screen may be an effective Method for Better Recognizing Input Errors.
The Client CAN CORRECT All the Data Entered Via the Usual Keyboard And Mouse Function During the Electronic Ordering Process, Until He Clicks The Button Finalizing The Ordering Process.

2.7 The German and the English Language Are Exclusively Available for the Conclusion of the Contract.

2.8 Order Processing and Contacting Usually Takes Place via email and automated order. It is the client’s responsibility to ensure that the email address he provides for the order processing is accurate so that e-mails Sent by the seller can be receved at this address. In particular, it is the client`s Responsibility, if spam filters are used, to ensure that all e-mails Sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the seller’s instruction on cancellation.

3.3 The right to cancel does not APPLY to Consumers, Who Are No Nationals Of A Member State Of The European Union at the Time of Concluding the Contract and Whose Exclusive Domicile and Delivery Address Were Located Outside of the European Union at the Time of Concluding The Contract .

4) Prices and Payment Conditions

4.1 Unses OtherWise Stated in the Seller’s Product Description, Prices Indicated Are Total Prices Including the Statutory Sales Tax. Delivery Costs, Where Appropriates, Will Be Indicated Separately In The Respective Product Description

4.2 Payment Can Be Made Using One of the Methods Mensioned in the Seller’s Online Shop.

4.3 In Case of Delivery to Countries Outside the European Union, Additional Costs May Incur in Individual Cases for which the seller is not responsible and which have to be borne by the client. This included for example transfer fees charged by banking institutes (transfer charges, Exchange Fees) or Import Duties or Taxes (Customs). Search Costs Regarding Money Transfer May So Incur, IF Delivery is not made in a country outside the European Union and the Client Carries Out the Payment from A Country Outside the European Union.

4.4 When choosing the Payment Method “PayPal Credit” (Install Payment via PayPal), The Seller Assigns His Claims to PayPal. PayPal Checks the Creditworthiness Using the Transmitted Client Data Prior to Accepting The Seller’s Declaration of Assignment. The seller reserve the right to refuse the payment method “PayPal Credit” to the client in case of a negative outcome of the credit assessment. If the Payment Method “PayPal Credit” is Accepted by PayPal, The Client Has To Pay the Purchase Price to PayPal at Conditions Defined by the Seller and Displayed In His Online Shop. In This Case, He Can Only Make Payments with Debt-Dischharging Effect to PayPal. In the case of assignment of claims, The seller Remains Responsible for General Customer Inquiries Regarding Inter Alia Goods, Delivery Period, Dispatch, Returns, Complaints, Cancellation Notice, Deliveries or Credits.

5) SHIPMENT AND DELIVE CONVITIONS

5.1 If the seller offer to Ship the goods, Delivery Shall Be Made Within The Delivery Area Specified by the Seller to the Delivery Address Specified by the Client Unless OtherWise Agreed. When Processing the Transaction, The Delivery Address Specified in the Seller's Order Processing Shall Be Decisive.

5.2 Should the Assigned Transport Company Return the Goods To The Seller, Because Delivery to the Client was not possible, the client Bears the Costs for the Unsuccessful Dispatch. This Shall Not Apply, IF the Client Exercises His Right to Cancel Effectively, if the Delivery Cannot Be Made Due to Circumstances Beyond the Client's Control Or If He Has Be Temporary Impeded to Receive The Offered Service, False The Seller Has Nocied About The Service for a Reasonable Time in Advance.

5.3 Personal Collection is not possible for Logistical Reasons.

5.4 The seller reserves the right to with-right from the contract in the event of incorrect or improper self-supply. This Only Applies if the seller is not responsible for the non-supply and if he has been Has Concluded a Concrete Hedging Transaction with the Supplier. The seller Shall Make All Reasonable EFFORTS TO OBTAIN THE GOODS. In Case of non-Availability or partial Availability of the Goods He Shall Inform the Client and Grant Him Immediately Counterperpasserchaft.

6) Reservation of Proprietary Rights

If the seller Provides Advance Deliveries, He Retains Title of Ownership to the Delivered Goods, Until the Purchase Price Owed Has Been Paid in Full.

7) Warranty

7.1 Unses OtherWise Stulated, The Provisions of the Statutory Liability for Defects Shall Apply. Deviating Therefrom, The Follow Shall Apply to Contracts for the Delivery of Goods:

7.2 If the client acts as trader

  • The seller May Choose the Type of Subsee Performance,
  • For New Goods, The Limitation Period for Claims for Defects Shall Be One Year from Delivery of the Goods,
  • For used Goods, The Rights and Claims for Defects are excluded,
  • The limitation period shall not recertence if a replacement delivery is made within the scope of liability for defects.

7.3 If the client acts as a consumer, the following applied to contracts for the delivery of used Goods Subject to the restriction of the following clause: the limitation period for claims for defects is one year from the deliversy of the goods is expressly and separately ContractUly Agreed Between the Parties and it the client was specifically informed of the shortening of the limitation period before sub -ofTing his contractual declaration.

7.4 The above-mentioned limitation of Liability and Shortening of the Period of Limitation Do Not Apply

  • to Claims for Damages and Reimbursement of Expenses of the Client,
  • If the seller Has Fraudulently concealed the defect,
  • For goods which have be used in accordance with their Customary use for a building and which have caused its defectiveness,
  • For any existing obligation of the sellers to provides updates for digital products with respect to contracts for the supply of goods with digital elements.

7.5 Furthermore, for Traders, The Statutory Limitation Periods for Any Statutory Right of Recourse That May Exist Shall Remain Unaffected.

7.6 If the client is a Businesperson Pursuant to Section 1 of the German Commercial Code (HGB) He Has the Commercial Duty to Examine the Goods and Notify the Seller of Defacts Pursuant to Section 377 HGB. Should the Client Neglect the Obligations of Disclosure Specified Therein, The Goods Shall Be Deemed Approved.

7.7 If the client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the seller has to be informed according to. Should the Client Fail to Comply There, this shall not affect his statutory or contractual claims for defects.

8) Redemption of Campaign Vouchers

8.1 Vouchers which are issued by the seller Free of Charge, For a Specific Period of Validity in the Context of Promotional Activities and which Cannot Be Purchased by the Client (in Fair Referred to As "Campaign Vouchers") Can Only Be speechemed in the sell's online shop and only with the indicated time period.

8.2 Individual Products May Be Excluded from the Voucher Campaign, If Such a restriction results from the Conditions of the Campaign Voucher.

8.3 Campaign Vouchers can only be speechemed by consumers.

8.4 In Case of An Order, Several Campaign Vouchers Can Be speechemed.

8.5 The Goods Value Should meet at least the Amount of the Campaign Voucher. The seller wants not refund remaining assets.

8.6 If the value of the campaign voucher is not Enough for the Order, The Client May Choose One of the Remaining Payment Methods Offered by the Seller to Pay the Difference.

8.7 The Campaign Voucher Credit will not be speechemed in cash and is not subject to any interest.

8.8 The campaign voucher will not be speechemed if the client, in the context of his legal right to cancel, returns goods pay fully or partialy by a campaign voucher.

8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the Campaign Voucher to a Third Party is not permitted. The seller is entitled but not obliged to check the entitlement of the respective voucher owner.

9) Applicable Law

9.1 The law of the Federal Republic of Germany Shall Apply to All Legal Relationships Between the Parties Under Exclusion of the Laws Goverening the International Purchase of Movable Goods. For consumers, This Choice of Law Only Applies to the Extent That The Granted Protection is not Withdrawn by Mandatory Commission of the Law of the Country, in which the consumer has His Habitual Residence.

9.2 With Regard to the Statutory Right of Cancellation, This Choice of Law Does Not Apply to Consumers Who Do Not Belong to a Member State Of The European Union at the Time of the Conclusion of the Contract and Whose Sole Place of Residence and Delivery ARE OUTSIDE The European Union at the Time of the Conclusion of the Contract.

10) Alternative dispute resolution

10.1 The EU Commission Provides on Its website the following link to the odr Platform:   https://ec.europa.eu /Consumers /ODR.

This Platform Shall Be a Point of Entry for Out-of-Court Resolutions of Disputes ARISING from online sales and Service Contract Consumers and Traders.

10.2 The seller is Neither Obliged Nor Prepared to Attend a Dispute Settleement Procedure Before to Alternative Dispute Resolution Entity.

General Terms & Conditions - 3D-Simgear

General Terms & Conditions

 Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. SHIPMENT AND DELIVE CONNOTIONS
  6. Reservation of proprietary rights
  7. Warranty
  8. Redemption of Campaign Vouchers
  9. Applicable Law
  10. Alternative dispute resolution

1) Scope of Application

1.1 Thesis General Terms and Conditions (Fucker Referred to As "GTC") of the Company Marcel Hummrich
3D-SIMGEAR (fucker referred to as "seller") Shall Apply to All Contract Consumer or a Trader (fucker referred to as "client") and the seller relating to all goods and/or services presented in the sell's online shop . The inclusion of the client’s own Conditions is herwith objected to, unless other term have been stubated.

1.2 For contracts Regarding the Delivery of Vouchers, thesis GTC Shall Apply Accordingly, UNSTESS Expressly Agreed OtherWise.

1.3 A consumer pursuant to thesis gtc is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-emyed occupational activity.

1.4 A Trader Pursuant to these GTC is a natural or legally person or a partnerhip with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the seller’s online shop do not constitutes binding offer on the part of the seller, but merely serve the purpose of sub -ofting a binding offer by the client.

2.2 The client may submit the offer via the online order form integrated into the sell's online shop. In doing so, after having placed the selected Goods and/Or Services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the good. /Or services contained in the shopping cart.

2.3 The seller May Accept the Client’s Offer Within Five Days,
- by Transferring a Written Order Confirmation or an Order Confirmation in Written form (fax or email); Insofar RecePT of Order Confirmation by the Client is Decisive, OR
- by Delivering Ordered Goods to the Client; Insofar RecePT of Goods by the Client is Decisive, Or
- By Requesting the Client to Pay After He Placed his Order.

Provided that Several of the Aforemented Alternatives APPLY, The Contract Shall Be Concluded at the Time Whe One of the Aforemented Alternatives Firstly Occurs. Should the seller not accept the client’s offer with the aforemented period of time, this shall be deemed as rejecting the offer with the effect that the client is no longer bound by his statement of intent.

2.4 If a Payment Method Offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (fucker Referred to as "PayPal"), Subject to the PayPal Terms of Use, Available AT   https://www.paypal.com /de /WebApps /mpp /UA /Useragreem full ? local.x = en_de  Or, if the client does not have a PayPal account, subject to the term for payments with a PayPal account, available at   https://www.paypal.com /UK /WebApps /mpp /UA /Privacywax-Full. If the client Pays by Means of a Method of Payment Offered by PayPal which can be selected in the online order, the seller Herereby DECLARES The Acceptance of the Client's Offer at the time when the client clicks on the Button Concluding the Order Process.

2.5 Whhen Submittting an offer via the sell's online order form, the text of the contract is stored by the seller after the contract has been concluded and transmeded to the client in text form (e.G. email, fax or letter) after the order has been Sent. The seller shall not make the contract text accessible beyond this. If the client has set up a user account in the sell's online shop prior to sending his order, the order data shall be stored on the sell's website and can be accessed by the client free of charge via his password-protected user account by specificing Corresponding Login Data.

2.6 Prior to sub -thart a binding order via the seller’s online order form, the client may recognize input errors by reading attentively the information displayed on the screen. The enlarge Function of the browser to enlarge the display on the screen may be an effective Method for Better Recognizing Input Errors.
The Client CAN CORRECT All the Data Entered Via the Usual Keyboard And Mouse Function During the Electronic Ordering Process, Until He Clicks The Button Finalizing The Ordering Process.

2.7 The German and the English Language Are Exclusively Available for the Conclusion of the Contract.

2.8 Order Processing and Contacting Usually Takes Place via email and automated order. It is the client’s responsibility to ensure that the email address he provides for the order processing is accurate so that e-mails Sent by the seller can be receved at this address. In particular, it is the client`s Responsibility, if spam filters are used, to ensure that all e-mails Sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the seller’s instruction on cancellation.

3.3 The right to cancel does not APPLY to Consumers, Who Are No Nationals Of A Member State Of The European Union at the Time of Concluding the Contract and Whose Exclusive Domicile and Delivery Address Were Located Outside of the European Union at the Time of Concluding The Contract .

4) Prices and Payment Conditions

4.1 Unses OtherWise Stated in the Seller’s Product Description, Prices Indicated Are Total Prices Including the Statutory Sales Tax. Delivery Costs, Where Appropriates, Will Be Indicated Separately In The Respective Product Description

4.2 Payment Can Be Made Using One of the Methods Mensioned in the Seller’s Online Shop.

4.3 In Case of Delivery to Countries Outside the European Union, Additional Costs May Incur in Individual Cases for which the seller is not responsible and which have to be borne by the client. This included for example transfer fees charged by banking institutes (transfer charges, Exchange Fees) or Import Duties or Taxes (Customs). Search Costs Regarding Money Transfer May So Incur, IF Delivery is not made in a country outside the European Union and the Client Carries Out the Payment from A Country Outside the European Union.

4.4 When choosing the Payment Method “PayPal Credit” (Install Payment via PayPal), The Seller Assigns His Claims to PayPal. PayPal Checks the Creditworthiness Using the Transmitted Client Data Prior to Accepting The Seller’s Declaration of Assignment. The seller reserve the right to refuse the payment method “PayPal Credit” to the client in case of a negative outcome of the credit assessment. If the Payment Method “PayPal Credit” is Accepted by PayPal, The Client Has To Pay the Purchase Price to PayPal at Conditions Defined by the Seller and Displayed In His Online Shop. In This Case, He Can Only Make Payments with Debt-Dischharging Effect to PayPal. In the case of assignment of claims, The seller Remains Responsible for General Customer Inquiries Regarding Inter Alia Goods, Delivery Period, Dispatch, Returns, Complaints, Cancellation Notice, Deliveries or Credits.

5) SHIPMENT AND DELIVE CONVITIONS

5.1 If the seller offer to Ship the goods, Delivery Shall Be Made Within The Delivery Area Specified by the Seller to the Delivery Address Specified by the Client Unless OtherWise Agreed. When Processing the Transaction, The Delivery Address Specified in the Seller's Order Processing Shall Be Decisive.

5.2 Should the Assigned Transport Company Return the Goods To The Seller, Because Delivery to the Client was not possible, the client Bears the Costs for the Unsuccessful Dispatch. This Shall Not Apply, IF the Client Exercises His Right to Cancel Effectively, if the Delivery Cannot Be Made Due to Circumstances Beyond the Client's Control Or If He Has Be Temporary Impeded to Receive The Offered Service, False The Seller Has Nocied About The Service for a Reasonable Time in Advance.

5.3 Personal Collection is not possible for Logistical Reasons.

5.4 The seller reserves the right to with-right from the contract in the event of incorrect or improper self-supply. This Only Applies if the seller is not responsible for the non-supply and if he has been Has Concluded a Concrete Hedging Transaction with the Supplier. The seller Shall Make All Reasonable EFFORTS TO OBTAIN THE GOODS. In Case of non-Availability or partial Availability of the Goods He Shall Inform the Client and Grant Him Immediately Counterperpasserchaft.

6) Reservation of Proprietary Rights

If the seller Provides Advance Deliveries, He Retains Title of Ownership to the Delivered Goods, Until the Purchase Price Owed Has Been Paid in Full.

7) Warranty

7.1 Unses OtherWise Stulated, The Provisions of the Statutory Liability for Defects Shall Apply. Deviating Therefrom, The Follow Shall Apply to Contracts for the Delivery of Goods:

7.2 If the client acts as trader

  • The seller May Choose the Type of Subsee Performance,
  • For New Goods, The Limitation Period for Claims for Defects Shall Be One Year from Delivery of the Goods,
  • For used Goods, The Rights and Claims for Defects are excluded,
  • The limitation period shall not recertence if a replacement delivery is made within the scope of liability for defects.

7.3 If the client acts as a consumer, the following applied to contracts for the delivery of used Goods Subject to the restriction of the following clause: the limitation period for claims for defects is one year from the deliversy of the goods is expressly and separately ContractUly Agreed Between the Parties and it the client was specifically informed of the shortening of the limitation period before sub -ofTing his contractual declaration.

7.4 The above-mentioned limitation of Liability and Shortening of the Period of Limitation Do Not Apply

  • to Claims for Damages and Reimbursement of Expenses of the Client,
  • If the seller Has Fraudulently concealed the defect,
  • For goods which have be used in accordance with their Customary use for a building and which have caused its defectiveness,
  • For any existing obligation of the sellers to provides updates for digital products with respect to contracts for the supply of goods with digital elements.

7.5 Furthermore, for Traders, The Statutory Limitation Periods for Any Statutory Right of Recourse That May Exist Shall Remain Unaffected.

7.6 If the client is a Businesperson Pursuant to Section 1 of the German Commercial Code (HGB) He Has the Commercial Duty to Examine the Goods and Notify the Seller of Defacts Pursuant to Section 377 HGB. Should the Client Neglect the Obligations of Disclosure Specified Therein, The Goods Shall Be Deemed Approved.

7.7 If the client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the seller has to be informed according to. Should the Client Fail to Comply There, this shall not affect his statutory or contractual claims for defects.

8) Redemption of Campaign Vouchers

8.1 Vouchers which are issued by the seller Free of Charge, For a Specific Period of Validity in the Context of Promotional Activities and which Cannot Be Purchased by the Client (in Fair Referred to As "Campaign Vouchers") Can Only Be speechemed in the sell's online shop and only with the indicated time period.

8.2 Individual Products May Be Excluded from the Voucher Campaign, If Such a restriction results from the Conditions of the Campaign Voucher.

8.3 Campaign Vouchers can only be speechemed by consumers.

8.4 In Case of An Order, Several Campaign Vouchers Can Be speechemed.

8.5 The Goods Value Should meet at least the Amount of the Campaign Voucher. The seller wants not refund remaining assets.

8.6 If the value of the campaign voucher is not Enough for the Order, The Client May Choose One of the Remaining Payment Methods Offered by the Seller to Pay the Difference.

8.7 The Campaign Voucher Credit will not be speechemed in cash and is not subject to any interest.

8.8 The campaign voucher will not be speechemed if the client, in the context of his legal right to cancel, returns goods pay fully or partialy by a campaign voucher.

8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the Campaign Voucher to a Third Party is not permitted. The seller is entitled but not obliged to check the entitlement of the respective voucher owner.

9) Applicable Law

9.1 The law of the Federal Republic of Germany Shall Apply to All Legal Relationships Between the Parties Under Exclusion of the Laws Goverening the International Purchase of Movable Goods. For consumers, This Choice of Law Only Applies to the Extent That The Granted Protection is not Withdrawn by Mandatory Commission of the Law of the Country, in which the consumer has His Habitual Residence.

9.2 With Regard to the Statutory Right of Cancellation, This Choice of Law Does Not Apply to Consumers Who Do Not Belong to a Member State Of The European Union at the Time of the Conclusion of the Contract and Whose Sole Place of Residence and Delivery ARE OUTSIDE The European Union at the Time of the Conclusion of the Contract.

10) Alternative dispute resolution

10.1 The EU Commission Provides on Its website the following link to the odr Platform:   https://ec.europa.eu /Consumers /ODR.

This Platform Shall Be a Point of Entry for Out-of-Court Resolutions of Disputes ARISING from online sales and Service Contract Consumers and Traders.

10.2 The seller is Neither Obliged Nor Prepared to Attend a Dispute Settleement Procedure Before to Alternative Dispute Resolution Entity.