Terms and Conditions
Terms and Conditions of Purchase Agreements concluded via the platform between (CockpitRockers) – hereinafter referred to as “Provider” – and the customers referred to in § 2 of the agreement – hereinafter referred to as “Customer”.
§ 1 Scope of Application, Definitions
(1) For the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”), only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions of the customer are not recognized, unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The Customer can select products from the Provider's assortment and place them in the shopping cart by clicking the "add to cart" button. By clicking the "submit order" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted if the Customer accepts these contractual terms by clicking the "accept GTC" button and thereby incorporates them into their offer. (2)
§ 3 Delivery, Product Availability
(1) If, at the time of the Customer's order, no copies of the product selected by them are available, the Provider shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider will refrain from declaring acceptance. In this case, a contract will not be concluded. Delivery dates are not fixed dates unless expressly agreed otherwise in writing.
(2) If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than four weeks, the Customer has the right to withdraw from the contract. In addition, in this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the Customer will be refunded immediately.
§ 4 Retention of Title
The delivered goods remain the property of the Provider until full payment has been made.
§ 5 Prices and Shipping Costs
(1) All prices stated on the Provider's website are final prices plus shipping costs. According to § 19 UStG, we do not charge sales tax and therefore do not show it (small business status).
(2) The corresponding shipping costs are indicated to the Customer in the order form and must be borne by the Customer. Goods are shipped by postal service / DHL.
§ 6 Payment Modalities
(1) The Customer can make payment by instant bank transfer, Mastercard, Visa, Amex, or PayPal.
(2) The Customer can change the payment method saved in their user account at any time.
(3) The purchase price is due immediately upon conclusion of the contract.
(4) We reserve the right to accept or exclude certain payment methods in individual cases.
§ 7 Warranty for Defects, Guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for goods supplied by the Provider is 12 months.
(2) A guarantee for the goods supplied by the Provider only exists if it has been expressly given in the order confirmation for the respective item.
The customer is obliged to inspect the delivered goods immediately upon receipt for contractual quantity and quality. Any deviations and complaints must be reported to us in writing immediately after receipt. With use and processing, the goods are considered accepted and approved. In the event of a breach of his duty to examine and give notice of defects, the customer loses his claims for defects in the goods.
In the event of defects in the goods and timely notification of defects, we are initially entitled, at our discretion, to provide subsequent performance by delivering faultless replacement goods or by rectifying the defect. If subsequent performance fails and/or is not carried out within a reasonable period set by the customer and/or is seriously and finally refused by us and/or is only possible for us with unreasonable effort, the customer is entitled, at his discretion, to withdraw from the contract or to demand a reduction of the purchase price. All further claims, in particular for damages, are excluded, unless we are guilty of intent or gross negligence and/or the defect has been fraudulently concealed by us and/or we have given a guarantee for the quality of the goods. The exclusion of liability does not apply to damages resulting from injury to life, body or health.
We are not responsible for any damage incurred during transport, including rust or corrosion, unless this is due to defective packaging for which we are responsible. Delivery weight and quantity. The weight determined by us is decisive. Customary or minor deviations of up to 15% are reserved.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. This excludes claims for damages by the Customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal duties)...
§ 9 Data Processing Information
(1) The Provider collects customer data during the processing of contracts...
§ 10 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.