Terms and Conditions
Status: January 2023
§1 Scope
The general terms and conditions apply to all legal transactions that are concluded via the online shop www.aero-terminal.ch (hereinafter referred to as "online shop"). The online shop is operated by Terminal 870 GmbH.
Terminal 870 GmbH reserves the right to change these General Terms and Conditions at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for the respective order. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognised. By ordering the goods or service, these General Terms and Conditions are deemed to have been accepted.
§2 Offer and conclusion of contract
The offers of Terminal 870 GmbH in price lists, advertisements, Internet search engines and social media do not represent a legally binding offer, but rather an invitation to the customer to place a binding order for this offer. Offers such as "sale" or "pre-orders / on arrival" are excluded from the binding nature of availability. The offer is valid as long as the product can be found in the online shop via the search engine and/or stocks last.
By clicking the order button in the online shop, the customer places a binding order for the products listed on the order page. Customers will be informed of the arrival of the online order by means of an automatically generated order confirmation from Terminal 870 GmbH to the e-mail address they provided. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order placed has arrived at the online shop and the contract with Terminal 870 GmbH has therefore come about under the condition of delivery availability and the correct price indication. The sale comes about when Terminal 870 GmbH accepts the order.
If, after the order confirmation, it is determined that the delivery of the goods is not possible or that there was a price error, the order will be canceled or, in the case of price errors, if the goods have already been delivered, the customer will be asked to pay the difference in price. In the event of price errors, the customer is entitled to return the goods to Terminal 870 GmbH if the customer does not agree to the subsequent billing of the price difference. The customer can also withdraw from the contract due to the price error. In any case, the customer cannot assert any further claims against Terminal 870 GmbH or a supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights, specifications and other services) are only to be understood as guide values and do not represent any guarantee of properties unless they are expressly designated as binding in writing.
If the customer exceeds the credit limit by placing an order, Terminal 870 GmbH is released from the delivery obligation.
For all product orders that require a minimum age of 18 (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions with the order.
Orders, for example in non-household quantities, can be rejected without justification.
§3 Prices
The prices stated in the order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies. The prices are in Swiss Francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. The current prices are published in the online shop; Subject to price changes and errors. Terminal 870 GmbH reserves the right to change the prices of the products and services offered at any time.
For deliveries abroad, all applicable fees for import and customs clearance are to be paid by the buyer.
§4 Availability and delivery times
Dates and delivery periods are non-binding unless otherwise expressly agreed in writing. The specification of specific delivery periods and delivery dates by Terminal 870 GmbH is subject to the correct and timely delivery to Terminal 870 GmbH by suppliers and manufacturers. Terminal 870 GmbH attaches great importance to providing up-to-date and accurate information on availability in the online shop. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability is therefore without guarantee and can change at any time. No exact delivery dates are known for the category "pre-orders / on arrival". Please note that items in these categories can have a delivery time of up to 5 years.
§5 Payment
Various means of payment are available to customers in the online shop. The available payment methods are published in the online shop. All payments must be made in Swiss Francs.
Payments by credit card or other instant payment methods will be charged to the customer when the order is placed. Depending on the agreement, purchases on account are payable in cash or net within 10 days.
Orders will only be processed and shipped after full payment.
Pre-orders must be paid for at the time the order is placed. Delivery will take place as soon as the items are available. Please note that items in the pre-order categories may have a delivery time of up to 5 years.
If necessary, Terminal 870 GmbH reserves the right to carry out a credit check in accordance with Terminal 870 GmbH's data protection declaration.
A payment is only deemed to have been made when Terminal 870 GmbH can dispose of the amount.
If the payment is not made within the above-mentioned period, the customer is in default of payment, which means that Terminal 870 GmbH is entitled to charge interest of 5% from the relevant point in time. During the delay, Terminal 870 GmbH is also entitled at any time to withdraw from the contract, to request the return of the delivered goods and to claim damages for the lapse of the contract. All claims are due immediately if the customer defaults on payment, culpably fails to meet other essential obligations under the contract or if Terminal 870 GmbH becomes aware of circumstances that are likely to reduce the customer's creditworthiness, in particular cessation of payments, pending settlement or bankruptcy proceedings. In these cases, Terminal 870 GmbH is entitled to withhold outstanding deliveries or only carry them out against advance payment or securities.
If the customer chooses the delivery and payment option "Abholung / Pickup (free of charge)", the products must be paid for in advance using the selected payment method and picked up in the shop within 14 calendar days. If the customer does not collect the ordered products from the shop at Schaffhauserstrasse 76 in 8152 Glattbrugg / Opfikon, ZH within this period, Terminal 870 GmbH can dissolve (cancel) the contract.
§6 Retention of title
Ordered products remain the property of Terminal 870 GmbH until full payment has been made to Terminal 870 GmbH.
§7 Dunning and Collection Fees
If the customer is in default of payment, Terminal 870 GmbH will send a reminder to the customer by e-mail, in writing or by telephone. Terminal 870 GmbH reserves the right to charge reminder fees for the reminders issued. If reminders are unsuccessful, Terminal 870 GmbH can assign the claim to a third-party company commissioned with collection. The company commissioned with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
§8 Transfer of risk
The risk passes to the customer as soon as the shipment has been handed over to the company responsible for the transport. If shipment is delayed or becomes impossible through no fault of Terminal 870 GmbH, the risk passes to the customer upon notification of readiness for shipment. If Terminal 870 GmbH assumes the transport costs as agreed in individual cases, this has no influence on the transfer of risk.
§9 Default of Acceptance
If the customer refuses to accept the delivery items or declares that they do not want to accept the goods after a grace period set for them has expired, Terminal 870 GmbH can refuse to fulfill the contract and demand compensation for non-performance. Terminal 870 GmbH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the damage actually incurred from the customer as compensation.
§10 Obligation to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported to Terminal 870 GmbH within 3 calendar days from the time of collection or delivery. The report must be made by email to Terminal 870 GmbH.
§11 Warranty / Guarantee
If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty/guarantee is void if the defect can be attributed to this. This also applies if the defect is due to improper use, storage and handling of the products and devices, or third-party intervention and the opening of devices.
Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/enclosed batteries/enclosed or built-in rechargeable batteries is excluded.
Loose engines, antennas, landing gear, tails, stabilizers, wings and structural parts on models do not represent damage to the model and are therefore not a defect that entitles you to return them. The same applies to the paintwork on the model or its stand. Since each model is inserted by hand for printing or even painted by hand, the paintwork can vary from model to model. This will not be recognized as a defect. Individual packaging may be bleached out or have cracks, dents and minor damage, which also does not constitute a defect and a reason for return.
If a warranty or guarantee case occurs, there is a right to rectification, replacement or conversion. Terminal 870 GmbH has the choice of how to remedy the defect. If Terminal 870 GmbH decides to change the contract, a credit will be made at the current price (maximum the sales price at the time of the order).
The warranty period is not interrupted by a possible warranty or guarantee case, but continues. No new warranty periods come into force if parts, assemblies or entire devices are replaced.
Warranty and guarantee claims against Terminal 870 GmbH are only available to direct customers and cannot be assigned.
The statutory warranty is waived in its entirety.
§12 Returns
The customer has no right of return. All products that are sent to customers are thoroughly and extensively checked before they are packed and some are also photo-documented. Unless expressly stated otherwise, only faultless and defect-free goods will be sent.
§13 Changing or canceling the order
Orders oblige the customer to accept the products and services. Terminal 870 GmbH can accept subsequent changes or cancellations of customer orders at its own discretion and charge a handling fee of 20% of the canceled order value, but at least CHF 50.
If a (partial) delivery impossibility (condition subsequent) occurs after an order or the conclusion of a contract, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or delivery failure are excluded.
§14 Limitation of Liability
Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against Terminal 870 GmbH and against auxiliary persons and substitutes, unless intentional or grossly negligent action is involved. Any liability for consequential damage resulting from the use of the products is rejected.
Furthermore, Terminal 870 GmbH rejects liability in the following cases:
- Improper storage, handling and use of the products;
- use of incompatible replacement parts or accessories;
- Failure to maintain and/or improper modification or repair of the products by customer or a third party;
- Force majeure, in particular natural hazards, moisture, fall and impact damage etc. for which Terminal 870 GmbH is not responsible and official orders.
§15 Copyright
Companies, brands, trademarks, images and logos used in the Terminal 870 GmbH onlineshop are the property of their respective owners.
§16 Data Protection
Terminal 870 GmbH undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy declaration. The privacy policy is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the privacy policy.
§17 Jurisdiction
Zurich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
§18 Final Provisions
Should a provision of these general terms and conditions be ineffective, this has no effect on the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the ineffective provision.