General terms and conditions of business

§1 Validity of the conditions.
1.1 The terms and conditions apply both to consumers (§13 BGB) and between entrepreneurs (§14 BGB).
1.2 Airbag24's deliveries, services, and offers are provided exclusively on the basis of these Terms and Conditions. They also apply to all future business relationships with consumers, even if they are not expressly agreed upon again. These Terms and Conditions are deemed accepted upon written or verbal order placement. Conditions of clients are expressly rejected; a further objection after receipt by Airbag24 is not required. Deviations from these Terms and Conditions are only effective if confirmed in writing by Airbag24.

§2 Scope of services
2.1 Airbag24 only repairs airbag control units.
2.2 In the case of electronic components sent to the customer, the installation, removal, and reassembly of these parts shall be the responsibility of the customer. Airbag24 expressly states that it will not cover the costs for this under any circumstances.
2.3 If Airbag24 is commissioned to repair damage caused by third-party interventions, Airbag24 reserves the right to invoice the client for the necessary additional work. In this case, an order for additional work must be placed with Airbag24 in accordance with Section 3.3 prior to the work being carried out.

§3 Offer, conclusion of contract
3.1 Airbag24’s offers are subject to change and non-binding.
3.2 A contract is deemed concluded when the customer completes the online form (repair form) on the Airbag24 website www.airbag24.de and sends it to Airbag24 along with the electronic component to be repaired. In exceptional cases and urgent circumstances, orders can also be placed verbally or without the form.
3.3 No cost estimates are given. Upon receipt of the invoice, you have the option to cancel the repair, and all work will be reversed. This process is free of charge. If no defect can be identified, or an offered replacement is rejected, the inspection fee is always €70.00 including VAT. If the part submitted is defective and Airbag24 cannot repair it or offer a replacement, no costs will be incurred.

§4 Right of withdrawal - applies only to consumers
You can revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, email) or, if the item is handed over to you before the deadline expires, by returning the item. The period begins upon receipt of this instruction in text form at the earliest. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to: Airbag24, Adam Wotzka, Schönefelder Chaussee 73, 12512 Berlin, Germany. Telephone: +49 30 75 65 56 71, Email: info@airbag24.de In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to pay us compensation for the value. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their inspection – as would have been possible in a store, for example. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the goods by not using the goods as if they were your own property and refraining from anything that could impair their value. Goods that can be sent by parcel must be returned at our expense and risk. Goods that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period begins with the dispatch of your declaration of cancellation or the goods; for us, it begins with their receipt. Special note: Your right of cancellation expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of cancellation. Special note: All electronic devices are excluded from return. This applies in particular to devices that have been coded or programmed for you.

§5 Delivery and performance time
5.1 Airbag24 generally repairs all airbag control units within 5 business days (Mon-Fri). If a repair is delayed, e.g., due to the need to order new spare parts, the customer will be notified of a new return date via email. Announced dates are considered approximate.
5.2 If several parts are sent for repair, Airbag24 reserves the right to send all parts together.
5.3 In the event of non-delivery to the Contractor or Client, the Client shall not be entitled to any claims for reimbursement of its expenses (e.g. rental cars, new spare parts or replacement equipment, reimbursement of shipping costs, reimbursement of the surcharge for express deliveries).

§6 Shipping and transfer of risk
6.1 Shipping costs for the outbound shipment shall be borne by the customer. The customer shall ensure insured shipment and secure packaging of the goods. Shipping shall be at the customer's risk.
6.2 The shipping route and method (return shipment) are at the discretion of Airbag24. Packages are generally shipped via UPS. Airbag24 is therefore dependent on UPS's working hours. Standard shipments are delivered Monday through Friday. At the customer's express request, the goods can be shipped by express service. In this case, the customer will bear any additional costs.
6.3 In accordance with the UPS General Terms and Conditions, obvious transport damage must be reported to Airbag24 in writing, providing appropriate evidence, immediately if possible, or at the latest within 3 working days for domestic shipments and 4 working days for international shipments.
6.4 All returns by the customer are at the customer's expense. If Airbag24 is responsible for the reason for the return (e.g., warranty claim), it will only cover the return shipping costs if it has arranged for the package to be picked up after prior arrangement (free of charge only within Germany). In the event of a cancellation, the consumer is responsible for the return shipping costs.
6.5 Airbag24 is not obligated to accept freight collect shipments. Should a freight collect package be accepted, the customer will be charged for these costs in any case. This also applies to shipments that have been stored at customs.
6.6 If delivery becomes impossible or excessively difficult for the parcel service or Airbag24's suppliers due to force majeure, official measures, plant shutdowns, strikes, extreme weather conditions, or similar circumstances, Airbag24 shall be released from its delivery obligation for the duration of the disruption and its aftermath. 6.7 Airbag24 is not liable for transport damage to goods sent to Airbag24, in particular due to inadequate packaging.
6.8 If the customer refuses to accept the delivered goods or was absent during all three UPS delivery attempts, resulting in the package being undelivered, the customer will bear the additional shipping costs for re-delivery. Refusal of acceptance does not constitute termination of the contract. Airbag24 undertakes to retain the goods for 6 months. If the invoice is still not paid after this period, the item will be auctioned off, and the proceeds will be offset against the claim.
6.9 If the customer has not provided the correct shipping address in the order, he is obliged to reimburse the additional fee for correcting the address that Airbag24 has to pay to the parcel service.
6.10 If, at the request of the buyer, Airbag24 ships the repaired display instrument to a location other than the customer's address, the risk shall pass to the customer as soon as Airbag24 has delivered the item to the freight forwarder. The same applies as soon as Airbag24 has delivered the goods to the person designated by the customer for collection.

§7 Terms of payment
7.1 Cash on Delivery (only within Germany): Invoices must be paid in full in cash to the UPS delivery driver upon delivery of the repaired item. Checks, bills of exchange, credit cards, or other payment methods are not accepted.
7.2 Advance payment: Invoices are to be paid within 14 days. If the advance payment is not made within a deadline set by Airbag24, the contract is still deemed concluded. If the amount is not paid even after further reminders, the device becomes the property of Airbag24.

§8 Retention of title
8.1 Ownership shall only pass to the customer when he has settled all his liabilities arising from the business relationship with Airbag24.

§9 Warranty, compensation
9.1 Warranty claims related to the repair of refurbished devices expire after two years from the invoice date. The limitation period for warranty claims for spare parts is governed by statutory provisions.
9.2 In the event of defects in the repair, Airbag24 is entitled, at its discretion, to rectify the faulty repair, replace the parts replaced by Airbag24, or offer a credit note. Airbag24 provides the same warranty for the repair and the replaced part as for the original repair. The customer is only entitled to demand a reduction in price or withdraw from the contract after the second failure of the repair or replacement of the replaced parts. In this case, the customer will be refunded any amount already paid.
9.3 The warranty is subject to the condition that the defective part can be inspected and tested by Airbag24 and is therefore sent to Airbag24 for repair. Replaced parts become the property of Airbag24.
9.4 The warranty obligation does not exist or expires in the event of a breach of seal or if the delivery item is modified or processed by a third party or if defects are remedied without the consent of Airbag24.
9.5 Airbag24 will not reimburse the customer for any expenses incurred in the course of repair, in particular, removal and installation, costs for a rental car, new parts or equipment, or surcharges for express shipments or Saturday deliveries. Airbag24 only agrees to cover the costs of standard shipping to the customer (free shipping only within Germany). Airbag24 will also cover the costs of return shipping to Airbag24, but only if Airbag24 has been instructed to have the part picked up by the carrier of its choice (free shipping only within Germany).

§10 Liability for consequential damages and vehicle warranty
10.1 Liability for damage to other parts of the vehicle and consequential damage that is not attributable to faulty repairs by Airbag24 (e.g. installation damage caused by the customer, etc.) is expressly excluded.

§11 Data protection
11.1 Airbag24 is entitled to electronically store and further process the client’s data for the purpose of processing orders, inquiries and offers.
11.2 The provisions of the Federal Data Protection Act (BDSG) Section 4, Paragraphs 1 and 2, are observed. Personal data will be treated confidentially and will not be shared with third parties.

§12 Partial invalidity
12.1 Should any of the above terms and conditions be invalid, the validity of the remaining terms and conditions shall not be affected.

Terms and Conditions for Simulators

1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. These General Terms and Conditions also apply to future business relationships with businesses without us having to refer to them again. If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract
The purchase contract is concluded with Airbag 24 Airbag Systems. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order, along with acceptance of the order, will be sent via an automated email immediately after submission. With this email confirmation, the purchase contract is concluded. The language available for concluding the contract is German. We do not save the contract text.

3. Delivery conditions
For shipping costs (e.g., domestic and international), please refer to the shipping costs. You can generally pick up your order from Airbag 24 Airbagsysteme, Schönefelder Chaussee 73, 12524 Berlin, Germany, during the following business hours: Monday to Friday from 8:00 a.m. to 1:00 p.m. and from 1:30 p.m. to 4:00 p.m., excluding public holidays. Please notify us at least two business days prior to collection so that we can prepare the goods from our warehouse. Packstations are not delivered to. Shipping is subject to the reservation that all information, especially the chassis number, is correct.

4. Payment
The following payment options are available in our shop:
Prepayment: If you choose to pay in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
Cash on delivery (only possible within Germany): If you choose cash on delivery as your payment method, we will charge a cash on delivery fee of 12.50 euros.

5. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal in accordance with the cancellation policy. Businesses do not have a voluntary right of withdrawal. This only applies if the goods can be returned unopened. Opened goods are considered "used" and the cancellation is therefore not accepted.

6. Retention of title
The goods remain our property until full payment has been made. The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance. The following applies to businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB). If you fail to give notice as stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable upon inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies. Please note that a written error report must be sent to us in order to check the malfunction of the simulator. The costs for this are NOT covered. For entrepreneurs, the limitation period for claims for defects is two years from the transfer of risk; the statutory limitation periods for recourse claims according to Section 478 of the German Civil Code (BGB) remain unaffected. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by delivering a defect-free item (replacement delivery). Please note that a written error report must be sent to us in order to check the malfunction of the simulator. The costs for this are NOT covered. The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents, in the event of injury to life, limb, or health, in the event of intentional or grossly negligent breach of duty, as well as fraudulent intent, in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, to the extent that the scope of application of the Product Liability Act applies. In the event of a replacement delivery, Airbag24 will not bear any costs for the additional effort, in particular not for additional workshop appointments or diagnostic costs.

9. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of a guarantee promise, if agreed, to the extent that the scope of application of the Product Liability Act applies. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to resolve their disputes.

11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.