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General Terms and Conditions of JT Aviation GmbH for the Webshop (GTCs for the Webshop)
General Terms and Conditions (valid from 14 March 2025)
1. scope of application, definitions
- These General Terms and Conditions (hereinafter referred to as "GTC") of JT Aviation GmbH (haftungsbeschränkt) (hereinafter "JTA"), apply to the contract concluded by a consumer or entrepreneur (hereinafter "Customer") with JTA for products sold via JTA's online shop (hereinafter "the contract").
- The inclusion of the customer's own terms and conditions is contradicted unless otherwise agreed.
- The version of the GTC valid at the time the contract is concluded shall apply.
- The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
2nd contract partner
- The contract is concluded with JT Aviation GmbH, Mohnstr. 4, 47800 Krefeld, registered at Krefeld Local Court under HRB 19896.
3. conclusion of contract
- The presentation and advertising of articles in the online shop do not constitute a binding offer to conclude a purchase contract.
- By sending an order via the online shop by clicking on the button "order with costs", a legally binding order is placed. The customer is bound to the order for a period of two (2) weeks after placing the order; any right to cancel the order in accordance with § 5 remains unaffected by this.
- JTA will immediately confirm receipt of an order placed via the online shop by email. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
- A contract is only concluded when JTA accepts the order by means of a declaration of acceptance or by delivering the ordered items.
- The contract is concluded in German.
4. delivery, availability of goods
- The delivery times stated by JTA are calculated from the time of order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in the online shop, it is generally a maximum of 14 working days.
- If no copies of the product selected by the customer are available at the time of the customer's order, JTA will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, JTA will refrain from issuing a declaration of acceptance. In this case, the contract is not concluded.
- If the product specified by the customer in the order is only temporarily unavailable, JTA shall also inform the customer of this immediately in the order confirmation.
5. cancellation policy
- If the customer is a consumer in accordance with § 1 No. 4, the customer has a right of cancellation in accordance with the statutory provisions relating to the contract.
- The provisions set out in detail in the following cancellation policy apply to the right of cancellation.
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. Unless this right has been expressly waived by the consumer in accordance with Section 356 (5) BGB.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise the right to cancel, you must inform us [JT Aviation GmbH, Mohnstr. 4, 47800 Krefeld, kontakt@pilot-hub.com] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.
You bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the quality, properties and functionality of the goods.
End of the cancellation policy
JT Aviation GmbH provides the following information on the model cancellation form in accordance with the statutory provisions:
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us ((*) delete as appropriate):
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- To JT Aviation GmbH, Mohnstr. 4, 47800 Krefeld, kontakt@pilot-hub.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods/the provision of the following service(s)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (for notification on paper)
- date
- The right of cancellation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
6. prices and shipping costs
- All prices stated on the JTA website include the applicable statutory value added tax.
- The price including VAT and shipping costs will be displayed in the shopping basket and in the order form before the customer submits the order.
- In the event of cancellation, the customer shall bear the direct costs of returning the goods.
7. terms of payment, offsetting and right of retention
- The customer can pay by Google Pay, Apple Pay or credit card.
- JTA uses the option of processing the payment transaction via the payment service provider Stripe, ℅ Legal Process, 510 Townsend St., San Francisco, CA 94103 (Stripe). This corresponds to our legitimate interest in offering an efficient and secure payment method (Art. 6 para. 1 lit. f GDPR). In this context, we pass on data to Stripe insofar as it is necessary for the fulfilment of the contract (Art. 6 para. 1 lit. b. GDPR). Details on this can be found in our privacy policy.
- Payment of the purchase price is due immediately upon conclusion of the contract.
- The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by JTA.
- The customer is not entitled to offset against JTA's claims unless the counterclaims have been recognised by declaratory judgement or are undisputed. The customer is also entitled to offset against JTA's claims if they assert complaints or counterclaims arising from the same purchase contract.
- As the purchaser, the customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
8 Warranty for material defects, guarantee
- JTA shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB (GERMAN CIVIL CODE). The warranty period for goods supplied by JTA to entrepreneurs is 12 months.
- The limitation period for statutory claims for defects shall commence upon delivery of the goods.
- An additional guarantee only exists for goods supplied by JTA if this was expressly stated in the order confirmation for the respective item.
9. limitations of liability
- Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by JTA, legal or organisational representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of material contractual obligations, JTA shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
- The restrictions of clauses 1 and 2 also apply in favour of JTA's legal representatives and vicarious agents if claims are asserted directly against them.
- The limitations of liability resulting from sections 1 and 2 shall not apply if JTA has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if JTA and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. dispute resolution
- The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
- JTA is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11 Final provisions and agreement on jurisdiction
- Contracts between JTA and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and JTA is the registered office of JTA.
- The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
