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General terms and conditions for business transactions between
Brands Fashion GmbH & Co. KG as operator of the online store www.airbus-shop.com
and its customers

General Terms and Conditions of Sale

These terms and conditions apply to all contractual relationships between customers of the online store www.airbus-shop.com (hereafter also referred to as "Purchaser") and


Brands Fashion GmbH & Co. KG
Müllerstraße 11
21224 Buchholz in der Nordheide
Germany


Managing directors with authorization to represent:
Henning Brandt, Dr. Ulrich Hofmann


Registry court: Amtsgericht Tostedt: HRA [Commercial Registry no.] 2531
Ust.-IdNr. [value added tax ID no.]: DE813536507


(hereafter also referred to as "Seller").


Seller is an authorized dealer of Airbus S.A.S., 1 rond point Maurice Bellonte, 31707 Blagnac Cedex, France (hereafter also referred to as "AIRBUS") and sells the products offered on the www.airbus-shop.com website under its own name. AIRBUS is the sole holder of all proprietary rights relating to the products sold in the online store (logos, brands, copyrights, etc.) as well as to the domains used. Consequently, they are original AIRBUS goods. Seller's terms and conditions of business hereunder are the only terms and conditions in effect. By entering into the contract, Purchaser acknowledges the validity of these terms and conditions of business.

1. Parties to the contract and delivery area

The online store www.airbus-shop.com is only intended for consumers. Complaints regarding the website and the delivery service should be directed to Seller. The products offered via http://www.airbus-shop.com/ will be delivered to all countries included in the list of countries published on the website. If the country in which the requested delivery address is located is not among the countries listed when the order is placed, Purchaser is requested to contact customer service at the following address: customercare@airbus-shop.com.

2. Contract

All product information available on www.airbus-shop.com such as technical specifications, images, dimensions or compatibility details is non-binding and subject to change unless it is specifically designated as binding. The offers on www.airbus-shop.com are non-binding for Seller and do not constitute an offer of a contract, but a request to Purchaser to make an offer. Only Purchaser's purchase order constitutes a binding offer of a contract. Submission of such a purchase offer requires the following steps: Purchaser may select products from the line of products and collect them in a so-called shopping cart by clicking on the button "Add to cart" or the cart icon. In the shopping cart, Purchaser can choose the quantity for the selected products and add or remove products. After product selection has been completed, Purchaser is asked to provide his/her data for the purpose of contract fulfillment. If Purchaser decides to pay by credit card, Purchaser's data will be directed to the website of the authorized payment service provider for verification.


The purchase order can only be placed and sent after Purchaser has accepted these contract terms by clicking on "I consent General Terms and Conditions of Sale" and "I consent Privacy Policy" thereby incorporating them in the order. Using an internet browser, Purchaser can read or print the general terms and conditions of business or save them to a local computer at any time. By clicking on the "Place Order" button, Purchaser places a binding order for the purchase of the products in the shopping cart subject to the terms listed there. Seller accepts the purchase order by sending an order confirmation by email. The contract is considered effective as soon as Purchaser receives the order confirmation. The order and order confirmation are considered received at the latest when the respective parties should be able to assume that the respective emails have been noted. If Purchaser does not receive an order confirmation or any other communication from Seller within 24 hours after order placement, Purchaser is requested to contact Seller immediately at the following address: customercare@airbus-shop.com.

3. Product purchase

The internet shop is available in English. Seller will save the text of the contract. Once the order has been placed, Purchaser can no longer view this text. However, the order confirmation contains all contract details or the relevant links thereto. When a product is ordered, Seller may reserve the right to allow Purchaser to purchase only a certain quantity.

4. Prices

Deliveries shall always be made and services rendered subject to the conditions and prices published on the website on the day the contract takes effect. For deliveries to addresses within the European Union and Switzerland, the prices listed include VAT. For all other countries, final prices do not include VAT. The VAT portion is calculated based on the country in which the goods ordered will be delivered. Purchaser is responsible for paying taxes and other expenses incurred in the country in which Purchaser's delivery address is located.

5. Delivery dates

The delivery dates and product availabilities indicated in the online store are non-binding. If the goods ordered are not available, Purchaser shall be notified immediately that the goods will not be delivered and that Purchaser will be refunded an appropriate consideration. If the goods ordered are unavailable without Seller's fault, Seller has the right to withdraw from the contract. If Seller does not deliver the goods four weeks after the stated delivery date at the latest, Purchaser may request Seller in writing to deliver the goods within a reasonable time and withdraw from the contract after the deadline has passed without performance. Claims for damages because of delayed performance shall only be taken into consideration in case of willful intent and gross negligence. In cases where Seller is not responsible for the circumstances preventing performance, including without limitation energy supply or traffic disruptions, declaration of an embargo, disruption of operations, labor dispute, delayed or missed deliveries from Seller's suppliers and in other cases of force majeure, the delivery time shall be extended by the length of time during which the circumstances preventing performance continue. If contract fulfillment is impossible for the stated reasons, Seller shall be released from the obligation to deliver.

6. Packaging and shipping

Packaging and shipping costs shall be charged separately based on the type of delivery and destination address and shall be shown on the order confirmation before the order is sent. All shipments are sent at Purchaser's risk. If Purchaser does not provide shipping instructions when placing the order, Seller will decide on the type of shipment according to his best judgment excluding any liability in this respect. Shipments whose external appearance indicates damage (transport damage) to the contents shall only be accepted by Purchaser subject to claims for damages against the carrier, and Purchaser shall file a claim with the carrier for damages noted.

7. Retention of title

All goods delivered by Seller remain Seller's property until paid in full.

8. Payments/payment terms

Orders placed through www.airbus-shop.com must be paid by credit card. The following credit cards will be accepted: VISA, Mastercard, American Express. All data required for credit card payments will be transferred to the Payment Service Provider via an encrypted data line and will be checked by him imediately. The credit card data sent are protected against unauthorized access by third parties and are not accessible to Seller or AIRBUS. For administrative accounting reasons, Seller reserves the right to view Purchaser's general data. When payment is made by credit card, Purchaser is charged with the purchase amount following contract fulfillment.


Seller may allow additional payment methods on www.airbus-shop.com subject to the following: Seller's invoices resulting from goods deliveries are due immediately and, if not otherwise agreed, payable within 10 days after the invoice date. If Purchaser defaults in payment, Seller shall be entitled to demand from that date on interest at a rate of 5% above the respective base lending rate of the European Central Bank. In addition, Seller is entitled to show greater damages and demand compensation. In certain cases, including without limitation instances where questions regarding Purchaser's solvency are emerging after the contract has taken effect, Seller reserves the right to make deliveries and provide services only against prepayment, cash or cash on delivery.

9. Complaints and quality defects

Upon receipt of the goods, Purchaser must verify that the shipment is complete and correct and notify Seller of any discrepancies by sending an email to the following address: customercare@airbus-shop.com. Any obvious defects in the goods delivered must be reported within 2 weeks. The rejected


goods must be returned with carriage, postage and charges paid. No liability will be assumed for goods sent by Purchaser unless damage to the goods is due to Seller's willful intent or gross negligence. This shall also apply to the processing of the goods. Goods made on special order which are free from defects may not be returned, canceled or exchanged.

10. Warranties

10.1 Seller's implied warranty ("Gewährleistung")

If the delivered goods are defective, the implied warranty provisions of the German Civil Code apply: If Seller is responsible for the defects, Seller has the right at Purchaser's option to replace or repair the goods within a reasonable period. Purchaser is not allowed to reduce the purchase price or withdraw from the contract until this cure has failed. The warranty period is two years starting with the date when the goods are delivered to Purchaser. In case of a complaint, evidence of the purchase contract must be shown (e.g. invoice issued by Seller).

10.2 Manufacturer's express warranty

Manufacturer may grant an express product warranty. This is the case when a warranty card is included with the product. The length, terms and use of this warranty are explained in the warranty card. The rights resulting from the manufacturer's warranty can only be asserted vis-à-vis the manufacturer, not vis-à-vis the Seller. Purchaser's implied rights regarding quality defects are not affected by this warranty. If the warranty card included does not contain warranty terms for the country to which the goods were sent, Purchaser is asked to contact customercare@airbus-shop.com so that Seller can establish contact with the manufacturer. This requires the following information:


a) Purchaser's user name
b) Product serial number
c) Product description
d) Description of defects found
e) Warranty action requested
f) Location of the requested warranty action.

10.3 Where to submit claims

The claim must be submitted to Seller by sending an email to customercare@airbusshop.com. Seller will then notify Purchaser of the location of the customer service center and how to send the product to this center.

11. Liability

Seller is only liable for damages

  • if the Product Liability Act [Produkthaftungsgesetz] stipulates liability on Seller's part,
  • in case of injuries to life, limb or health,
  • if Seller breaches a warranty granted by Seller,
  • if the damage is due to Seller's gross negligence or willful intent or if
  • Seller culpably breaches a material contractual obligation (primary obligation), i.e. an obligation the satisfaction of which is significant for the contract and upon which the customer may rely. In this case, liability is limited to the anticipated damage which will typically occur.


In all other cases, Seller's liability for damages is precluded.

12. Final provisions

Place of performance for deliveries and payment is Buchholz in der Nordheide. These terms as well as all contracts entered into under these terms are governed by German law excluding the UN Convention on the International Sale of Goods. The place of jurisdiction is Tostedt, Germany, unless mandatory provisions of law in favor of Purchaser apply. If any of the aforementioned provisions is invalid, this shall have no effect on the validity of the other provisions. The invalid or unenforceable provision shall be replaced by statutory regulations. Seller reserves the right to amend these provisions and general terms and conditions at any time. The current version is available on the www.airbus-shop.com website.

13. Copyright

All content of www.airbus-shop.com is protected by copyright. Without prior written consent, this website may not be reproduced, disseminated by electronic or conventional means, transmitted, modified, linked or used for public or commercial purposes, either in its entirety or in part.

14. Security

User data are adequately protected against loss, falsification, manipulation and improper use by third parties. For further legal information about to the use and protection of customer data, see our Privacy Policy.


Version as of April 2009



General terms and conditions for business transactions between
Brands Fashion GmbH & Co. KG and customers

Cancellation instructions/right to return and withdraw

Cancellation right ("Widerrufsrecht")

You may cancel your contractual statement in writing within two weeks (e.g. letter, fax, or email) without providing reasons or by returning the item, if the item is provided to you prior to the expiration of the deadline.


The time period starts following receipt of these instructions in writing, however, not prior to receipt of the goods at recipient’s destination (for repeat deliveries of similar goods not prior to receiving the first partial shipment) nor prior to fulfillment of our obligations to provide information in accordance with Section 312C paragraph 2 BGB [German Civil Code] in conjunction with Section 1 paragraph 1, 2 and 4 BGB-InfoV [German Civil Code-Information Ordinance] as well as our obligations according to Section 312e paragraph 1 sentence 1 BGB in conjunction with Section 3 BGB-InfoV. By sending the cancellation notice or the item on time, the cancellation deadline is considered met.


The cancellation notice or the item must be sent to:


Let's shop Airbus,
c/o Logwin Solutions Fulfillment GmbH,
Rheinkaistraße 3,
68159 Mannheim, GERMANY


Email: customercare@brands-fashion.com


The cancellation right does not apply to the shipment of goods which were manufactured according to customer specifications or are clearly tailored to Purchaser's personal requirements.

Cancellation consequences

If the cancellation is valid, the goods and services received by either party must be returned and any usage received (e.g. interest) must be surrendered. If you cannot return the goods and services received from us in their entirety or in part or if you can only return them in a deteriorated state, you may have to compensate us for any deterioration in value. This does not apply for items provided, if the deterioration of the item is based exclusively on its inspection – as, for instance, an inspection you could have performed in a retail store. You can avoid the obligation to compensate for a reduction in value for a deteriorated condition caused by putting the item to its intended use by not using the item as your property and refraining from any actions that may reduce its value.


You are responsible for the cost of the return shipment, if the goods were delivered as ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or - in case of a higher price - if you have not yet provided consideration or a contractually specified partial payment at the time of the cancellation. Otherwise, the return shipment is free of charge.


Obligations to remit payments must be met within 30 days. For you, this time period starts when you send your cancellation notice or the item, for us it starts upon its receipt.


End of cancellation instructions.


Brands Fashion GmbH & Co. KG

Privacy policy

INFORMATION ON DATA PROTECTION AND DATA SECURITY

The personal data you provide to Brands Fashion GmbH & Co. KG ("Brands Fashion") as website operator or the internet navigation data which are collected automatically when you visit the website are treated confidentially. All data will be processed and used in accordance with the principles set forth in the European Data Protection Directive 95/45/EC on personal data protection, with the German data protection provisions and, if applicable, with additionally applicable national provisions.

INTERNET NAVIGATION DATA

Brands Fashion web servers automatically log information concerning the electronic access systems you use, such as the name of your internet service provider, the website from which you access us, the internet pages you request on our website, the date and length of the visit and your IP address. This data is logged for data protection and security reasons only. The saved data is used exclusively for purposes of identification and tracking of illegal access attempts and illegal accesses to the web servers. Logs are analyzed exclusively by specifically authorized persons. The logged data is stored for up to 10 days and subsequently deleted. No user profiles are created.

IP address

Identification of IP addresses is necessary for our web management activities including without limitation the diagnosis and prevention of technical problems, unauthorized accesses and/or any misuse of services offered on the website. Usually, you cannot be identified by an IP address.

Cookies

Furthermore, when navigating our website, information is gathered that allow identification of your computer or browser through certain files called "cookies". These cookies are encrypted character strings that are stored on your computer and permit quick identification. With these files, a website can be personalized, the user can surf the web more easily, and by checking how many times various web pages are requested, the information most requested can be presented more effectively. Generally, the cookies we use make use of anonymous information and therefore do not support use of your personal data. However, cookies may be used for storing your login data allowing for automatic recognition (making it unnecessary to enter the user name and password). You can always disable cookies by changing your browser settings. However, this may slow down or prevent access to certain parts of the website.

Except for the aforementioned internet navigation data, no further data is collected other than data you provide us voluntarily, for instance, by registering on the www.airbus-shop.com website, by logging in as a registered user, participating in a survey or placing an order, etc. We specifically do not create user profiles.

PERSONAL DATA

1. Purposes of data processing

The personal data you provide to Brands Fashion will be used as follows:
  • for your registration and login as a registered user of the "airbus-shop.com" website and for administering your access data,
  • to allow you to use services, retrieve content and participate in activities reserved for registered users,
  • to administer and carry out your orders/purchases
    (including the handling of payment by credit card),
  • to allow you to use customer service and/or warranty services if needed,
  • to respond to any of your requests, and
  • to establish communication with you required for technical /organizational purposes.



Your personal data may also be used for additional purposes as listed below subject to the following: If under national legal provisions applicable to you, data processing for the purposes listed below requires that you explicitly agree to the processing or use of part or all of the data, it is understood that we will use your data only after you gave your consent (see also paragraph 8 Declaration of consent).

These purposes are as follows:

  • organizing and holding events including those of a promotional nature,
  • statistical surveys, market research and scientific studies,
  • sending you news of an informative and promotional nature including advertisements, including without limitation the "airbus-shop" email newsletter, advertising material and/or offers for products or services by mail, via the internet, by phone, email, MMS or SMS text messaging from Germany or other countries (also from non-EU countries) by Brands Fashion or Airbus S.A.S. ("AIRBUS") and their parent companies and/or subsidiaries or natural persons or legal entities conducting marketing and business activities for AIRBUS/Brands Fashion,
  • for our own marketing purposes and those of others; to this end, we also share data with third parties to the extent this is permitted by law.


Note regarding your right to object: It is understood that you always have the right to object to the processing (including transmission) and use of your data for marketing purposes or for marketing and opinion research. To do so, please contact the entity in charge of this matter which is listed in paragraph 7.

2. Type of data processing

Your personal data will be processed using certain suitable written and/or electronic means intended for this purpose to ensure the security and confidential handling of your data.

3. Data collection and consequences of refusal

Providing your personal data is voluntary.
However, if you refuse and/or provide incorrect and/or incomplete information, you might not be able to register on the www.airbus.shop.com website, to retrieve content available there or to use the services offered. Furthermore, Brands Fashion may not be able to process your orders or provide services if this requires processing your personal data. When placing an order, for instance, you have to enter specific data in the order form so that we can complete your order. Only boxes marked with an (*) are required entries. Likewise, when using the contact form to reach us you have to provide at least the personal data marked with an (*).

4. Access to your data; sharing your data

Within Brands Fashion, your personal data may be shared with the applicable organizational bodies or corporate management, with company personnel including without limitation employees who make the online products available, employees in customer service and marketing, employees in charge of maintaining the electronic equipment, and, in all cases, the employees responsible for the respective subject matter and the employees involved in data processing. Your personal data may be also be disclosed to qualified service providers or suppliers of Brands Fashion for the purposes mentioned above (see paragraph 1). These include individuals and companies who manage and/or participate in the management and/or maintenance of our website and our electronic equipment which we use for shipment/delivery.

Since Brands Fashion manages the online store as an authorized dealer for AIRBUS based on commissions (see also the General Terms and Conditions of Sale), AIRBUS may require an accounting of sales transactions from Brands Fashion. This is the only purpose for which your order data may be shared with AIRBUS. Brands Fashion may further disclose your data to the following individuals or entities provided this is required for the aforementioned purposes (see paragraph): parent companies, subsidiaries and/or partnership companies; individuals belonging to the Airbus sales network in Germany or abroad; qualified service providers such as banks, insurance companies, suppliers and sub-contractors who perform work for brands-fashion such as processing your orders, providing customer service, conducting statistical surveys or market research, organizing and holding events including events for promotional purposes or sending business information; experts who assist the company including support regarding issues in the following areas: law, taxes, social security contributions, accounting, organization.

Moreover, your data may be disclosed to any other individual if this is required to comply with legal provisions.

Your personal data may also be transferred abroad including countries outside the EU as long as this is consistent with current data protection laws.

5. Data dissemination

With the exception of the instances listed in paragraph 4, your personal data will not be disseminated.

6. Rights of the affected person

With regard to data processing described above, you are entitled to demand any disclosure of information required by law, including without limitation the right to obtain information regarding the existence or non-existence of personal data about yourself in a generally understandable form. This also includes the right to receive information about your personal data saved, the origin of this data; the purpose and type of processing; in case of automated processing information about the methods used as well as the recipients or categories of recipients of your personal data.

You may further assert any statutory right to having data corrected, deleted and blocked, including without limitation the following rights:
updating, correcting or - if you wish - amending the data;
deleting, changing to an anonymous form or blocking data processed in an unlawful manner including data which do not have to be saved for the purposes for which the data was collected or processed;
providing a confirmation stating that the measures taken with regard to your data (including any changes to the data content) were also disclosed to those with whom your data were shared already, except in the event that this is impossible and the effort required would obviously be disproportionately high considering your respective rights.

You are entitled to all statutory rights of objection. This includes without limitation the right to object to all or part of the processing and/or use of your personal data if your protectable interest prevails over the interest the entity responsible for data processing has in the processing of data, even if this processing or usage is limited to the purposes specified for data collection.

You may also object to the processing or use of your data for advertising or market or opinion research purposes.

For questions or any objections please contact the entity listed in paragraph 7.

7. Entity in charge of data processing

The entity in charge of data processing is
Brands Fashion GmbH & Co. KG, Müllerstraße 11, 21244 Buchholz i.d.N. (Germany).
For questions regarding your personal data or any objections regarding data processing/use, please send an email to customercare@airbus-shop.com or send us a written message by mail.

8. Declarations of consent

The aforementioned privacy policy will be presented to you when you first register on the website and every time you provide us with personal data about yourself as an unregistered user (e.g. when you place an order as an unregistered user or when using our contact form). In these instances, you will be asked to agree to the privacy policy and to the processing of your personal data by Brands Fashion in accordance with this privacy policy. By consenting to the processing of your personal data which includes the option explained in paragraph 4 that Brands Fashion may share your data with the groups of persons named and/or transfer them abroad (if this does not conflict with mandatory statutory provisions) you will be permitted to perform the following activities:

  • to register and log in as a registered user of the "airbusshop.com" website and manage your access data,
  • to use services, retrieve content and participate in activities restricted to registered visitors,
  • to manage and carry out orders/purchases (including payment by credit card),
  • to use any customer service and/or warranty services to the extent you are not entitled to these services even without consenting to data processing,
  • to ask questions and receive answers, and
  • to permit communication required for technical/organizational purposes.


To the extend required by applicable data protection provisions, we will ask you separately for your express consent so that we can additionally process your data for the following purposes:

for organizing and holding events including those for promotional purposes
for statistical surveys and for market research and scientific studies
to send you news of an informative and promotional nature including advertisements, including without limitation the "airbus-shop" email newsletter, advertising material and/or offers for products or services by mail, via the internet, by phone, email, MMS or SMS text messaging from Germany or other countries (including non-EU countries) by Brands Fashion or Airbus S.A.S. (AIRBUS) and their parent companies and/or subsidiaries or natural persons or legal entities engaged in marketing and business activities for AIRBUS/Brands Fashion.

IMPRINT

Brands Fashion GmbH & Co. KG
Müllerstraße 11
21224 Buchholz in der Nordheide
Germany

Fax: +49 (0)4181 / 94 22 - 500
Email: customercare@airbus-shop.com

Managing directors with authorization to represent:
Henning Brandt, Dr. Ulrich Hofmann

Registry court: Amtsgericht Tostedt: HRA [Commercial Registry no.] 2531
Ust.-IdNr. [value added tax ID no.].: DE813536507

 

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