General terms and conditions of business
General Terms and Conditions
§1 Applicability of Terms
1.1 These terms apply to both consumers (§13 BGB) and business clients (§14 BGB).
1.2 All deliveries, services and offers by Airbag24 are made exclusively on the basis of these terms and conditions. They also apply to all future business relationships with consumers, even if not expressly agreed again. By placing an order in writing or verbally, these terms are deemed accepted. Any terms and conditions of clients are expressly rejected; no further objection is required after receipt by Airbag24. Deviations from these terms are only effective if confirmed in writing by Airbag24.
§2 Scope of Services
2.1 Airbag24 exclusively repairs airbag control units.
2.2 In the case of electronic components sent in for repair, the installation, removal and reinstallation of these parts is the responsibility of the client. Airbag24 expressly states that it will not cover these costs 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 any additional work required. In this case, a cost approval pursuant to §4.3 must be issued to Airbag24 before the work is carried out.
§3 Offer and Contract Formation
3.1 Airbag24's offers are non-binding and subject to change.
3.2 A contract is deemed concluded when the client completes the online form (repair form) on the Airbag24 website www.airbag24.de and sends it together with the electronic component to be repaired to Airbag24. In exceptional cases and urgent circumstances, orders may also be placed verbally or without the form.
3.3 Cost estimates are not provided. The fixed prices shown on the website are binding. Upon receipt of the invoice, there is the option to cancel the repair and all work will be reversed. In this case, a review fee of €70.00 incl. VAT is payable, as the diagnostic work has already been performed. If no defect can be identified or if an offered replacement is rejected, the review fee is likewise €70.00 incl. VAT. If the submitted part is defective and Airbag24 can neither repair it nor offer a replacement, no costs whatsoever are incurred.
§4 Inspection Order and Repair Process
4.1 Repair, inspection and diagnostic services are provided as a works contract pursuant to §§ 631 et seq. BGB. By handing over or sending a device, the customer places a binding inspection and repair order.
4.2 If the inspection of an airbag control unit reveals a defect or stored crash data, the repair or deletion of the crash data will be carried out immediately at the fixed price shown on the website. A separate enquiry to the customer is not made in this case, as the fixed prices are transparently displayed on the website and the customer gives their consent to this upon placing the order. Upon receipt of the invoice, the repair may be cancelled in accordance with §3.3.
4.3 If during processing there is an exceptional additional effort beyond the fixed price, the customer will be contacted before work continues and cost approval will be obtained.
4.4 Airbag24 does not guarantee that the device will function correctly after installation if there are additional vehicle faults that are not related to the repaired control unit.
§5 Right of Withdrawal – Applies to Consumers Only
5.1 Right of Withdrawal
You have the right to withdraw from this contract (repair/works contract) within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Airbag24 Airbagsysteme, Schönefelder Chaussee 73, 12524 Berlin, Telephone: 030 - 75 655 671, Fax: 030 - 75 655 672, Email: info@airbag24.de) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the model withdrawal form (annex "Right of Withdrawal") for this, although it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
5.2 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal 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.
5.3 Compensation for Value and Early Expiry for Services
If you have requested that the repair, inspection or diagnosis service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal, compared with the full scope of the services provided for in the contract. The right of withdrawal expires prematurely if we have fully performed the service and only began performing the service after you gave your express consent and at the same time confirmed your knowledge that you would lose your right of withdrawal upon full performance of the contract by us (§ 356 para. 4 BGB).
5.4 Relationship to the Cancellation of the Repair under § 3.3
Irrespective of the statutory right of withdrawal, you may cancel the repair pursuant to § 3.3 after receipt of the invoice; in this case the work will be reversed and the inspection fee of EUR 70.00 incl. VAT is payable, as the diagnostic work has already been carried out.
5.5 Exclusion for Coded Devices
For supplied spare parts or replacement devices that have been coded or programmed for you, or manufactured to vehicle-specific requirements based on the VIN, no statutory right of withdrawal exists pursuant to § 312g para. 2 no. 1 BGB, as these are goods manufactured to customer specifications.
§6 Delivery and Performance Times
6.1 As a rule, Airbag24 repairs all airbag control units within 5 working days (Mon–Fri). If a repair is delayed, e.g. because new spare parts need to be ordered, the client will be notified of a new return date by email. Announced dates are to be regarded as approximate estimates.
6.2 If multiple parts are sent in for repair, Airbag24 is free to dispatch all parts together.
6.3 In the event of non-delivery, the client has no claims against the contractor or client for reimbursement of their expenses (e.g. rental vehicles, new spare parts or replacement devices, reimbursement of shipping costs, reimbursement of the surcharge for express shipments).
§7 Shipping and Transfer of Risk
7.1 Outbound shipping costs are borne by the client. The client is responsible for insured shipping and secure packaging of the goods. Shipping is at the client's risk.
7.2 The choice of shipping route and method (return shipment) is at the discretion of Airbag24. As a rule, packages are sent via the UPS parcel service. Airbag24 is therefore dependent on UPS's working hours. Standard shipments are delivered Monday to Friday. At the client's express request, the goods may be sent by express. Any additional costs in this case are borne by the client.
7.3 In accordance with the UPS terms and conditions, obvious transport damage must be reported in writing to Airbag24 – where possible – immediately, or at the latest within 3 working days for domestic shipments and 4 working days for international shipments, with appropriate evidence.
7.4 All return shipments from the client are at their own expense. If Airbag24 is responsible for the reason for the return (e.g. warranty case), it will only cover the return shipping costs if it has arranged for the package to be collected after prior agreement (free of charge within Germany only). In the event of a withdrawal, the consumer bears the cost of the return shipment.
7.5 Airbag24 is not obliged to accept freight-collect shipments. If a freight-collect parcel is accepted nonetheless, the client will in any case be charged these costs. This also applies to shipments held at customs.
7.6 If delivery is made impossible or excessively difficult due to force majeure, official measures, operational shutdowns, strikes, extreme weather conditions or similar circumstances affecting the parcel service or Airbag24's suppliers, Airbag24 is released from its delivery obligation for the duration of the disruption and its after-effects.
7.7 Airbag24 is not liable for transport damage to goods sent to Airbag24, in particular due to insufficient packaging.
7.8 If the client refuses to accept the delivered goods or was absent during all three UPS delivery attempts so that the parcel could not be delivered, they bear the additional shipping costs for re-delivery. Refusal of acceptance does not constitute cancellation of the contract. Airbag24 undertakes to retain the goods for 6 months. If the invoice remains unpaid after this period, the part will be auctioned and the proceeds will be offset against the claim.
7.9 If the client has not provided the correct shipping address in the order, they are obliged to reimburse the additional fee for address correction that Airbag24 must pay to the parcel service.
7.10 If Airbag24, at the buyer's request, sends the repaired instrument to a location other than the client's address, the risk passes to the client as soon as Airbag24 has handed the item over to the carrier. The same applies as soon as Airbag24 has delivered the goods to the person designated by the client for collection.
§8 Payment Terms
8.1 Cash on delivery (within Germany only): Invoices are to be paid in full to the UPS delivery person in cash upon delivery of the repaired item. Cheques, bills of exchange, credit cards or other payment cards are not accepted.
8.2 Prepayment: Invoices are to be paid within 14 days. If advance payment is not made within the period set by Airbag24, the contract is nevertheless deemed to have been concluded. If the amount remains unpaid even after further reminders, the device becomes the property of Airbag24.
§9 Retention of Title
9.1 Ownership passes to the client only when they have settled all of their liabilities arising from the business relationship with Airbag24.
§10 Warranty and Damages
10.1 Warranty claims relating to the repair of overhauled devices expire after two years, calculated from the invoice date. The limitation period for warranty claims on spare parts is governed by statutory provisions.
10.2 In the event of defects in the repair, Airbag24 is entitled, at its discretion, to rectify the defective repair, replace the parts replaced by Airbag24, or offer a credit note. Airbag24 provides warranty for the rectification and the replaced part in the same manner as for the original repair. The client is only entitled to demand a reduction in price or withdrawal from the contract after the second failure of rectification or replacement of the replaced parts. In this case, the amount already paid will be refunded to the client.
10.3 A prerequisite for warranty is that the defective part can be inspected and checked by Airbag24 and is therefore sent to Airbag24 for rectification. Replaced parts become the property of Airbag24.
10.4 The warranty obligation does not apply, or expires, in the event of seal breakage and if the delivered item is modified or processed by third parties or defects are rectified without Airbag24's consent.
10.5 Airbag24 does not reimburse the client's expenses in the course of rectification, in particular not for removal and reinstallation, costs for a rental vehicle, new parts or devices, or the surcharge for express or Saturday delivery. Airbag24 merely agrees to cover the costs of normal outbound shipping to the client (free of charge within Germany only). Airbag24 also covers the costs of return shipping to Airbag24, but only if Airbag24 was commissioned to have the part collected by a carrier of its choice (free of charge within Germany only).
§11 Liability for Consequential Damages and Vehicle Warranty
11.1 Liability for damage to other parts of the vehicle and consequential damages not attributable to a faulty repair by Airbag24 (e.g. installation damage caused by the client, etc.) is expressly excluded.
§12 Data Protection
12.1 Airbag24 is entitled to store and process clients' data electronically for the purpose of processing orders, enquiries and offers.
12.2 The provisions of the Federal Data Protection Act (BDSG) § 4, para. 1 and 2 are observed. Personal data is treated confidentially and not passed on to third parties.
§13 Severability
13.1 Should any of the above terms be invalid, the validity of the remaining terms and conditions is not affected.
Terms and Conditions for Simulators
§1 Scope of Application
The following terms and conditions apply to all orders placed via our online shop by consumers and business clients. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. A business client is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. These terms and conditions also apply to future business relationships with business clients without us needing to refer to them again. If the business client uses contradictory or supplementary general terms and conditions, their applicability is hereby rejected; they only become part of the contract if we have expressly agreed to them.
§2 Contracting Party and Contract Formation
The purchase contract is concluded with Airbag 24 Airbagsysteme. The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue. You may initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in 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 is sent together with acceptance of the order immediately after submission by means of an automated email. The purchase contract is concluded upon receipt of this email confirmation. The language available for concluding the contract is German. The contract text is not stored by us.
§3 Delivery Terms
Please refer to the shipping costs section for the amount of shipping costs (e.g. domestic and international). You generally have the option of collecting the goods from Airbag 24 Airbagsysteme, Schönefelder Chaussee 73, 12524 Berlin, Germany, during the following business hours: Monday to Friday from 8:00 to 13:00 and from 13:30 to 16:00, except on public holidays. Please notify us at least two working days before collection so that we can prepare the goods from our warehouse. Parcel stations are not served. Shipment is subject to all details, in particular the chassis number, having been provided correctly.
§4 Payment
The following payment options are available in our shop:
Prepayment: If you select prepayment as your payment method, we will provide our bank details in the order confirmation and dispatch the goods upon receipt of payment.
Cash on delivery (within Germany only): If you select cash on delivery as your payment method, we charge a cash on delivery fee of €12.50.
§5 Right of Withdrawal
5.1 Principle
Consumers are generally entitled to a fourteen-day statutory right of withdrawal in accordance with the separate withdrawal instructions. The full withdrawal instructions and the model withdrawal form are attached as the annex "Right of Withdrawal" and are available at any time at www.airbag24.de. Business clients are not entitled to a right of withdrawal. Paragraphs 5.2 and 5.3 below govern the cases in which the statutory right of withdrawal is excluded or expires prematurely.
5.2 Exclusion for Vehicle-Specifically Coded Goods (Crash Sensors, Airbag/Replacement Control Units)
Crash sensors as well as airbag or replacement control units are coded to the specific vehicle before dispatch on the basis of the Vehicle Identification Number (VIN) provided by the customer during the order process, and after this coding can only be used for the specified vehicle. They are therefore goods manufactured to customer specifications or clearly tailored to the personal needs of the consumer. For such goods, no statutory right of withdrawal exists pursuant to § 312g para. 2 no. 1 BGB. By entering the VIN and submitting the order, the customer expressly declares their wish for vehicle-specific manufacture.
5.3 Expiry for Sealed Safety-Relevant Goods (Simulators / Seat Occupancy Mats)
Simulators (seat occupancy mats) are delivered for safety reasons in sealed protective packaging (a welded, transparent bag). On or in the packaging there is a notice, clearly visible already before opening, of the safety relevance of the component and the exclusion of return after opening; a corresponding notice is also contained in the product description. As these are safety-relevant components whose proper function determines the deployment of the front passenger airbag and which, after removal of the seal, can no longer be resold as new goods for reasons of health and safety protection, the right of withdrawal expires pursuant to § 312g para. 2 no. 3 BGB as soon as the seal has been removed after delivery. The same applies in the event of installation or use of the simulator.
5.4 Voluntary Goodwill Return Right
Irrespective of the statutory right of withdrawal, Airbag24 voluntarily and without acknowledgement of any legal obligation grants a return right of 14 days from receipt of the goods for all of the above products, provided that the sealed protective packaging is unopened and the goods are unused. This allows, for example, the return of goods ordered by mistake. After the seal has been opened or the goods have been used, a goodwill return is excluded. The direct costs of the return are borne by the customer within the scope of this voluntary goodwill. There is no legal entitlement to the goodwill return; the consumer's statutory rights (in particular § 5.1) remain unaffected.
5.5 Warranty in the Event of Defects
The statutory rights in respect of defects (warranty) remain unaffected by the above provisions. In the event of a defect or malfunction of the goods, please contact us (info@airbag24.de). We will inspect the part and, where applicable, provide a replacement within the scope of the statutory warranty. Details are governed by § 8.
§6 Retention of Title
The goods remain our property until payment is made in full. The following additionally applies to business clients: 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; all claims arising from such resale are assigned to us in advance – regardless of any combination or commingling of the reserved goods with a new item – in the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.
§7 Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us without delay. Failure to report or make contact has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurer. For business clients: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods are deemed approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
§8 Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory law on defects applies. Please note that an error log must be sent to us in writing in order to check the simulator malfunction. The costs for this will NOT be covered. For business clients, the limitation period for defect claims is two years from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB remain unaffected. Towards business clients, only our own specifications and the manufacturer's product descriptions included in the contract count as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising claims. If the delivered item is defective, we initially provide warranty to business clients, at our discretion, by delivering a defect-free item (replacement delivery). Please note that an error log must be sent to us in writing in order to check the simulator malfunction. The costs for this will NOT be covered. The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty as well as fraudulent concealment; in the event of breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations); within the framework of a guarantee promise, where agreed; where the scope of the Product Liability Act applies. In the event of a replacement delivery, Airbag24 does not bear any costs for the additional effort, in particular not for further workshop appointments or costs for a diagnosis. Airbag24 does not guarantee that the simulator will function correctly after installation if there are additional vehicle faults or vehicle-side modifications that are not related to the supplied simulator.
§9 Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty; in the event of a guarantee promise, where agreed; where the scope of the Product Liability Act applies. In the event of breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, 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 you can find at http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to settle their disputes.
§11 Final Provisions
If you are a business client, 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 us and you is our registered place of business.