§ 1 General
- The aviAUCTION website (www.aviauction.com) is an Internet portal operated by Inspire-SSA GmbH, based in Frankfurt am Main.
- AviAuction operates a database accessible via the Internet, in which aviation cabin parts can be put up for sale and in which cabin parts can be made available by authorized users.
- These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to the use of our website or service. The validity of these General Terms and Conditions of Business is acknowledged by the respective user as binding with the use of our homepage. We reserve the right to amend these GTC at any time and without stating reasons.
- Conflicting terms and conditions of a user do not apply.
§ 2 Registration
- The registration is only allowed for traders. They can register on www.AviAuction.com as a legal entity or as a natural person. The registering person must be authorized to register for the participating user.
- Inspire-SSA GmbH decides after receipt of the registration and at its own discretion whether the trader receives an access to the internet portal. Acceptance of an application by a trader is affected by written confirmation from Inspire-SSA or by transmission of the access data (user name and password).
- Within the scope of the registration and during the further course of the business relationship Inspire-SSA GmbH is entitled at any time to demand the submission of a current extract from the commercial or trade register and other documents as well as information which is required and expedient for a registration. Comparable evidence or documents are required from foreign dealers.
- If the data provided changes after registration, the participating user is obliged to inform Inspire-SSA GmbH immediately. Information can only be provided in writing or by e-mail.
- The user must keep his password secret and carefully secure his access data. Furthermore, he is obliged to inform Inspire-SSA immediately if there are indications that his access data are or have been misused by third parties.
- The user is basically liable for all activities carried out using his access data. If the user is not responsible for the misuse of his access data because there is no breach of the existing duty of care, he is not liable.
§ 3 Blocking User
- Inspire-SSA GmbH may take various measures if there is concrete evidence that a user violates legal regulations, rights of third parties or these GTC or if Inspire-SSA has any other legitimate interest, in particular if the user defaults on payment within the scope of trade with Inspire-SSA GmbH or an affiliated company.
- Measures include the warning of users, temporary and permanent blocking of users. Inspire-SSA GmbH takes into account the legitimate interests of the affected user when choosing the measure.
- Activities of users aimed at rendering our service inoperable or hindering its use are prohibited.
- Users may not systematically extract and/or reuse parts of our service without our express written consent. In particular, users may not use any data mining, robots or similar data collection and extraction programs to extract any substantial parts of our service for re-use without the express written consent of Inspire-SSA GmbH.
§ 5 Warranty
- We do not take any warranty for technical defects, in particular for the permanent and uninterrupted availability of the homepage or for the error-free reproduction of the contents entered by the user.
- If the offer is not available, the user can contact us.
§ 7 Limitation of liability
- 1. We always endeavour to ensure that the services of Inspire-SSA GmbH are available and error-free without any interruption. However, due to the nature of the Internet, this cannot be guaranteed. Your access to our website may also be occasionally interrupted or restricted in order to allow repairs, maintenance or the introduction of new services. We try to limit the frequency and duration of each of these temporary interruptions or limitations..
- Within the scope of the use of our homepage and services we are liable without limitation for damages caused by Inspire-SSA GmbH or its legal representatives, employees or vicarious agents intentionally or grossly negligent..
- Inspire-SSA GmbH shall not be liable in cases of slightly negligent breach of only minor contractual obligations. Furthermore, liability for damages caused by slight negligence is limited to those whose occurrence must typically be expected. The liability is limited to the direct average damage..
- The aforementioned limitations of liability shall not apply to damages resulting from injury to life, limb or health, nor to other damages based on malice..
- Insofar as the liability of Inspire-SSA GmbH is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 8 Copyright and Rights of Use
- All company logos, logos, texts, pictures and other data on our homepage are subject to copyright. The use of our homepage does not entitle you to further use of this information. The alteration, further processing and use in media of any kind is not permitted. Further use is only possible with our prior written consent.
- The unauthorized use of our information and the logos or trademarks of third parties displayed on our website violate our rights or the rights of third parties and is not permitted.
§ 9 Severability Clause
- Should any provision of these terms and conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. If the invalid provision is replaced, an effective provision shall be deemed to have been agreed upon which comes closest to the economic purpose intended by the parties.
§ 10 Applicable Law, Place of Performance and Jurisdiction
- The law of the Federal Republic of Germany shall apply exclusively. Place of performance and jurisdiction is Frankfurt am Main, Germany.
Sales Condition for selling aircraft cabin parts
- Seller and buyer expressly agree that the conclusion of a contract between seller and buyer shall be based on these terms and conditions of sale, irrespective of any other terms and conditions of Buyer. The seller does not recognise any other terms and conditions, in particular those which contradict or deviate from these terms and conditions, not even to the extent that individual provisions are not included in these terms and conditions of sale. Other terms and conditions require the express written consent of the seller.
- The buyer acknowledges the legal validity of these Terms and Conditions of Sale at the time of its initial registration on the www.aviauction.com. The seller reserves the right to change these terms and conditions of sale without giving any reasons at any time.
- Any price agreement between seller and buyer/bidder without informing Inspire-SSA GmbH is not permitted. In case of price agreement between seller and buyer/bidder will be charged with a penalty fee of 20% on the target price (agreed beforehand).
- These terms and conditions of sale are available for printing on the website www.aviauction.com. They are available at any time in the latest version on the homepage www.aviauction.com.
B. Conclusion of contract
- Used aviation cabin parts owned by the seller are mainly placed on the portal. The portal is divided into the sections "Buy now" and "Auction". The products and their descriptions are not an offer to sign a contract of sale, but merely an invitation to the buyer to submit such an offer.
- The buyer calls up the individual products in the respective categories and, if interested, submits an offer in accordance with the regulations of the respective category. The dealer hereby makes a binding offer to conclude a purchase contract with the seller. Buyer's bid is binding during and after the respective bid deadline.
- Rights and obligations arising from the purchase contract are subject to the current terms and conditions of sale valid at the time the contract is agreed. Upon conclusion of the purchase contract, the risk with regard to the purchased goods is transferred to the buyer.
- The transfer of rights and obligations of the buyer from a purchase contract require the written consent of the seller.
- With the acceptance of the offer by the seller, the purchase contract between the seller and the buyer is concluded. The buyer will be informed of the conclusion of the contract immediately, latest within one working day, by sending a purchase confirmation by e-mail. Upon receipt of the purchase confirmation by the buyer, the effects that are linked to the conclusion of the contract will take effect.
C. Use of the Platform aviauction.com
- The seller provides the conditions to execute the individual purchase contracts quickly and correctly. The buyer is obliged to consider seller's specifications for payment, collection, transport, complaints and other purposes.
- In this context, the user is obliged to keep his data up to date, e.g. to update an address change in the system immediately.
- Inspire-SSA reserves the right to block the User from further auctions, whether for the sale or purchase of goods, in the event of a breach of these General Terms and Conditions.
D. Terms of Payment
- Unless otherwise agreed, the buyer is obliged to pay the purchase price in full amount without any deduction. Details can be found in the respective purchase confirmation. The purchase price as well as any transport costs and other fees are due immediately. Payment of the purchase price must be made immediately after conclusion of the purchase contract and sending of the purchase confirmation by bank transfer to the seller's account stated in the purchase confirmation. All prices are given in Euro or USD. Three working days after receipt of the payment requests contained in the invoices by the purchaser, the latter shall be in default according to § 286 BGB (German Civil Code).
- The fee for participation in auctions will be clarified between the seller and Inspire-SSA GmbH in advance.
- The buyer shall not be entitled to set-off or right of retention against claims of the seller, unless such claims are expressly acknowledged by the seller or have been determined by a court of law. In particular, the buyer shall not be entitled to refuse payment on the grounds that he is entitled or entitled to other actual claims against the seller or claims asserted only by him from other concluded purchase contracts.
- In the event of a delay in payment by buyer, the seller is allowed to withdraw from the purchase contract after the delay in payment has occurred. After the declaration of withdrawal, this can also be done by sending a cancellation receipt to the buyer, the seller has to give the goods to the resale. Any potential loss of proceeds from the resale will be claimed against the buyer as compensation for damages. Unless otherwise agreed, the buyer is to pay a flat-rate amount of 1% per product to the seller for the additional processing costs arising from the withdrawal and remarketing. The seller expressly reserves the right to further claims for damages due to default of payment.
- Fees for special services of the seller are shown separately. Section 288 paragraph 5 of the German Civil Code (BGB) shall apply.
- Unless otherwise agreed, the buyer is responsible for the collection of the sold goods at the respective location. After conclusion of the contract, the seller shall provide the buyer with all information necessary for collection, in particular location, business hours and earliest possible collection date (provision notification). The seller reserves the right to transfer the goods within the internal logistics of the goods until collection by the buyer to the logistics centre closest to the current location of the goods.
- Unless otherwise agreed, the buyer must collect the purchased goods within 7 working days after conclusion of the purchase contract at the location indicated in the notification of availability or arrange for their pick-up.
- If the buyer does not comply with this obligation, the seller has the right to charge a storage fee per day. This storage fee is to be paid by the buyer to the seller, unless he proves that no fee has actually been incurred. The seller reserves the right to retain the goods until the full payment of the incurred storage fee has been paid by the buyer.
- The seller shall allow the buyer the access to the company premises or respective location required for the collection of the goods sold.
- The buyer is obligated to inspect the goods for damage and missing accessories within the scope of his own collection. If there is any damage or accessories are missing, this must be noted on the proof of delivery. Irrespective of this, the buyer is obliged to check the defectiveness in accordance with point I. 1. to complain about the conditions of sale.
- Unless otherwise agreed, the buyer is obliged to pay a fee for the provision of the purchased goods in the respective logistics centre for this service. The amount depends on the local regulations or the logistic centre.
- Force majeure or operational disruptions occurring at the seller's premises, e. g. through riots, strikes etc., which temporarily prevent the seller from providing or delivering the goods without his own fault, extend the delivery/service period by the duration of the hindrance plus a reasonable start-up period of one week.
- The buyer is obliged to clarify the terms of delivery with the seller beforehand.
- If the buyer entrusts the seller with the organisation of the transport by an external transport company, this is done at his own risk and his own costs. The Seller shall invoice the Buyer for the transport costs on behalf of the carrier. The seller is entitled to collect by the transporter. The buyer is obliged to pay the full amount of the transport costs invoiced by the seller within 3 days. If the buyer does not pay these transport costs, the seller is entitled to an unlimited right of retention on the goods until complete settlement of all payment obligations.
- Occurs damage to the goods during the transport, the general terms and conditions of the respective transport company shall apply. The buyer is obliged to note all visible damages on the waybill or CMR waybill.
G. Retention of Ownership
- The seller undertakes to surrender the goods, including accessories and the associated documents, if necessary, to the buyer after complete fulfilment of the obligations arising from the purchase contract. The ownership of the sold goods and all associated rights shall remain with the seller until all obligations arising from the purchase contract have been fulfilled by the buyer.
- During the period of the retention of ownership, the seller is entitled to the right to hold the documents.
- The seller is obliged to exercise the necessary care in dealing with the goods sold during the period of retention of ownership.
H. Material defect
- Inspire-SSA GmbH does not warrant the accuracy and completeness of the information contained in the description within the auctions. The seller is responsible for the description, documents and conditions of sale.
- 1. The buyer must inspect the purchased goods immediately after taking them into possession and, if a defect appears, must notify the seller in writing immediately, latest within 3 working days after taking possession, unless otherwise agreed. Notifications of defects made later, verbally or by telephone cannot be taken into account. If he fails to make such notification, the goods shall be deemed to have been approved, unless the defect was not apparent at the time of inspection.
- Every buyer as well as bidder is obliged to check the correctness of the description, e.g. with an on-site visit.
- If such a defect, which is not recognizable at the time of possession, becomes apparent at a later point in time, the buyer must notify the seller of this within one working day after discovery. Otherwise, the goods shall be deemed to have been accepted even in view of the defect. This does not apply if the seller or his vicarious agents or assistants have fraudulently concealed the defect.
- Buyer's notification of defects must be made via the services provided by Seller. The purchaser must provide the corresponding, required proof of the defect. If the buyer does not provide the necessary proof within 7 days, the goods are considered as approved and the complaint is rejected.
- The seller shall inspect the defects notified in writing and inform the buyer of the result of the inspection of the complaint in writing.
J. Private Policy and Information
- The protection of personal data of all registered user is important. In this context, reference is made to the data protection declaration. The forwarding of data to Inspire-SSA GmbH is permitted. If the user cancels his registration for the portal, he is entitled to have the stored data deleted.
- The seller is entitled to collect, store, process and use personal data for his own purposes. In doing so, the seller shall in particular observe the provisions of the Data Protection Act.
- The Seller is entitled to pass on personal data of the buyer or his vicarious agents to law enforcement, supervisory authorities, other authorities or authorised third parties on the basis of a request for information in connection with an investigation procedure or suspicion of a criminal offence, an illegal act or other actions which may result in legal liability for the seller, the buyer or another entitled third party.
- The contracting parties and the subject matter of the contract shall be recorded in the form of an order confirmation for documentation. Hand-written changes or additions to the purchase confirmation are ineffective. The seller may make changes to the websites, rules and regulations as well as to these terms and conditions of sale at any time in agreement with Inspire-SSA GmbH.
- If any provision of these terms and conditions is held to be invalid, void or unenforceable for any reason whatsoever, this provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
- The current valid version of the terms and conditions of sale shall apply to the business relationship at the time of conclusion of the respective individual purchase contract.
- The UN Convention on Contracts for the International Sale of Goods (CISG) shall apply to all contracts, legal relationships and business relations subject to these Terms and Conditions of Sale as well as the corresponding and resulting claims.
- The exclusive place of jurisdiction for all present and future claims arising from the business relationship is the registered office of the seller.
- The seller is also entitled to sue the respective contractual partner at his general place of jurisdiction
Questions? Our staff is ready to answer.