Terms and Conditions - General Terms and Conditions

General conditions of sale

scope

These terms and conditions apply to all purchases at Pilot view made by private customers.

Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.


Prices and shipping costs

The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. Shipping is free.
The regular costs of the return, which in the event of a return of the goods by you in the exercise of your Right of withdrawal arise, we carry. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.

 

payment

Payment is made upon delivery by means of

- Apple Pay

- Credit card

- Debit charge

- PayPal

- Klarna

 

Late payment

If you are in default of payment, Pilotsview is entitled to charge default interest at a rate of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank for the time of the order. If Pilotsview has demonstrably incurred higher damage caused by default, Pilotsview is entitled to assert this.

 

Right of retention

The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

delivery

(1) Delivery is made to the delivery address specified by the customer within
- Germany

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Pilotsview's obligation to perform is excluded. Pilotsview will immediately reimburse any amounts already paid.

(3) Pilotsview can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Pilotsview will immediately reimburse any amounts already paid.

(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. Pilotsview expressly points out that these goods are not carried into the house.

 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged through an opening for a functional test.

(2) Please use the fully franked and addressed return label enclosed with the delivery of goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.

 

Retention of title

The delivered goods remain the property of Pilotsview until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.

 

Defect rights

(1) Pilotsview will replace a defective product with a defect-free product or have it professionally repaired (supplementary performance) at the customer's option at the expense of Pilotsview. The customer's attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:

  1. a) in the event of damage caused to the customer by misuse or improper use,
  2. b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Furthermore, Pilotsview does not guarantee a fault caused by improper repairs by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that, in view of the product price, taking into account the content of the contract and the principles of good faith, is grossly disproportionate to the customer's service interests - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. Pilotsview's right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the event of repairs and in the event of a replacement delivery, the customer is obliged to send the product to the return address specified by Pilotsview at the expense of Pilotsview, stating the order number. Before submitting the item, the customer must remove any objects he has inserted from the product. Pilotsview is not obliged to examine the product for the installation of such objects. Pilotsview is not liable for the loss of such objects, unless it was immediately apparent to Pilotsview when the product was taken back that such an object had been inserted into the product (in this case Pilotsview informs the customer and keeps the object for the customer ready for collection; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.

(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,

  1. a) if the defect justifying withdrawal only became apparent during processing or redesign,
  2. b) if Pilotsview is responsible for the deterioration or destruction or if the damage would also have occurred with Pilotsview,
  3. c) if the deterioration or the downfall has occurred to the customer, although the customer has observed the care that he is used to in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.

(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.

(9) Pilotsview's statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.

 

liability

(1) In the case of slight negligence, Pilotsview is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. Pilotsview is not liable for any other slightly negligent damage caused by a defect in the purchased item.

(2) Regardless of whether Pilotsview is at fault, Pilotsview's liability for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by Pilotsview.

(3) Pilotsview is also responsible for the impossibility of delivery which occurs by chance during its delay, unless the damage would also have occurred if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Pilotsview for damage caused by them through slight negligence is excluded.

 

Applicable Law

The contract concluded between you and Pilotsview is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

 

Place of jurisdiction

If, contrary to what you stated when you placed your order, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Wiesbaden.

 

Dispute resolution

General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.

 

 

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