(Gültige allgemeine Geschäftsbedingungen nur auf Englischer Sprache)
§ 1 Standard business terms
- The following General Terms and Conditions of Business are applicable to all the contracts between Bucher Aerospace Corporation (Seller) and the Customer concluded via the www.alcarts.com website.
- Any other terms and conditions, if not agreed in written by Seller, do not apply.
- Customers may be either consumers or businesses. A business or business customer shall mean a legal person or a partnership with legal capacity or a natural person which, in concluding a legal transaction, is acting in the exercise of its trade or profession. A consumer is a natural person who is not a business customer and concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.
- Seller reserves the right, at any time, to modify the present Business Terms and Conditions by posting a new dated version on this website. By placing an order after Seller has posted a new version of its Business Terms and Conditions, Customer agrees to be bound by that updated version.
§ 2 Conclusion of the contract
- The subject-matter of the contract is the selling of products.
- By clicking ‘Buy’, the Customer makes a legally binding commitment to purchase the goods in the shopping cart. The Customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of a separate order confirmation from Seller.
- Seller reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
- The purchase agreement takes place via the online shopping cart system as described here under:
- (a) The products intended for purchase are moved to the "shopping cart". The Customer can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
- (b) After calling up the “Checkout” page and entering the required personal data, payment and shipping conditions, Customer can review and confirm the applicable Terms and Conditions of Purchase.
- (c) If an instant payment system is selected by the Customer (e.g. PayPal or Credit Card payment), the Customer will either be guided to Seller’s online shop or forwarded to the web page of the instant payment provider. If the payment option “bank wiring” is selected, then Customer is only able to “pre-order” the products in the shopping cart.
- (d) The Customer may be forwarded to the instant payment system, where the Customer will be required to choose and enter his/her details as appropriate. Customer will then be returned to the checkout page in www.alcarts.com online shop.
- (e) Before the order is sent, Customer can re-check and verify again all order details, change them or cancel the purchase transaction.
- (f) By clicking the "Order now” button to submit the order, the Customer declares acceptance of the order in a legally binding way by which the purchase agreement takes place.
- The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, Customer has to ensure that the e-mail address deposited as part of the ordering process and/or in the binding purchase agreement is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, Customer has to ensure that the respective e-mails are not blocked by a SPAM filter.
- Delivery charges will be billed at the rates indicated on this website on the date Customer places the order, calculated notably in function of the size of the order and the delivery method selected.
- Seller reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
§ 3 Shipping policy
- All shipments are made “EXW” or “FOB” Everett, WA, USA (Incoterms 2010), depending on the shipping option selected by Customer.
- When shipping to a destination other than the USA is part of the order, additional shipping/handling and customs duty may occur. Customer, acting as an importer of goods, may be subject to import duties and taxes that are levied once the merchandise reaches Customer’s country. Any additional charges for customs clearance must be borne by Customer. Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so Customer should contact your local customs office for further information.
- Customer is responsible for inspecting all deliveries for damages and declaring any damages on the delivery receipt while the delivery carrier is still present. If after receipt of shipment any concealed damage is discovered, it is the Customer’s responsibility to notify the delivering carrier, request an inspection and file a claim with the delivering carrier.
- If Customer detects damage to any items at the time of delivery that Customer is not willing to accept or repair, Seller recommends the Customer to note the damage and clearly mark the number of items received on the delivery receipt or bill of lading, and refuse delivery of the damaged items. This puts Customer in a better position to fully recover the cost of replacing the damaged items. Customer should take the time to ensure items are received in a businesslike manner. Seller can assist in helping to file a freight claim, but it is the Customer’s responsibility to file claims with the delivery carrier and to pay for any replacement items that need to be re-ordered because of freight damage.
§ 4 Warranty
- Seller’s products are warranted to be free of defects in material and workmanship for one year from date of purchase.
- Customer modifications made to Seller’s products without Seller’s written prior approval or any abuse, misuse or negligence will void the warranty.
- Seller will, at their discretion, repair, replace or make appropriate adjustment where Seller’s inspection discloses any such defects occurring in normal usage within one (1) year after purchase.
- Implied warranties including that of merchantability and fitness for a particular purpose are expressly limited in duration to the duration of this warranty. Seller disclaims any liability for special incidental or consequential damages.
- Some US states/provinces do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of special, incidental or consequential damages, so these limitations and exclusions may not apply to Customers purchasing from theses US states/provinces.
- This warranty gives the Customer specific legal rights. Customer purchasing from a certain US state/province may also have other rights which are statutory and vary from US state/province to US state/province.
§ 5 Return policy
- Return policy described in the following articles apply only to Customers who are not businesses.
- If Customer is not satisfied with the purchased goods, he/she may return any unopened item for a refund (excluding shipping costs) within the first 30 days following the order.
- All original packaging shall be kept, as items not in their original packaging are not returnable.
- No returns of any kind can be accepted by Seller without a return authorization number. Seller will provide such a return authorization number after processing Customers written request of return. Once Seller’s warehouse has processed the return, the refund will be applied by means of the same payment option chosen by Customer in the original transaction. Processing of returned merchandise may take up to 3 weeks.
- Seller pays return shipping only for items shipped to Customer by mistake. Else, return shipments must be pre-paid by Customer.
- Any claims for the damage and/or shortages must be made within 7 days of the date of shipment. Returned items may be subject to a 25% return charge based on the item, condition and reason for return.
§ 6 Seller’s Liability
- Seller shall not be liable for any damage or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
- Seller shall not be held responsible for any damage or loss of any kind including but not limited to direct, indirect, or incidental damages, due to the use, inability to use, or misuse of the website or of the products purchased from Seller, even if there is negligence on Seller’s or Seller’s representative’s part and Seller was advised of the possibility of such damages.
- Any and all liability is only as to the actual products purchased. Seller reserves the right to limit quantities and to reject any order for any reason.
- While Seller tries in good faith to make sure the information contained in Seller’s website is accurate, we are not responsible for typographical errors or technical inaccuracies. Product images are shown for representational purposes only. Due to the variances in computer monitors and the various settings to brightness and contrast that users may adjust their monitors to, Seller cannot guarantee with any certainty that the color represented in a product image on your monitor is exactly as it appears in the physical world. If Seller is unable to provide an actual product image, Seller reserves the right to use a similar product image.
- All products are expressly not airworthy and are not intended for any commercial or general aviation use. Seller’s total liability to Customer for all losses, damages and causes of action (in contract, tort or otherwise) will not be greater than the amount paid to Seller excluding shipping costs and taxes.
§ 7 Trademarks
- Al.CARTS is a trademark for Bucher Aerospace and registered with the U.S. Patent and Trademark Office. All rights reserved.
§ 8 Miscellaneous
- These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Washington (USA), notwithstanding any principles of conflict of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Venue for any actions under these Terms and Conditions shall be laid in King County, Washington (USA). This is the entire agreement between the parties relating to use of this site.
- Customized products
- a) The purchase of customized products by Customer are subject to specific provisions and limitations arising from the fact that Seller must individually design and/or manufacture the products.
- b) Customer shall provide Seller with the appropriate information, text or data necessary to customize products in a complete and accessible format, via the online ordering system or via E-mail without undue delay after concluding the contract.
- c) Customer must ensure that transferred data does not violate the rights of third parties (for example but not limited to copyrights, rights to names and trademark rights, intellectual property) or break applicable legislation. Customer explicitly frees Seller from any and all claims related to this matter that may be raised by third parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
- d) Seller does not verify correctness, quality or accuracy of the transferred data and assumes in this respect no liability for errors.
- e) As far as contemplated by the initial quote, Seller will submit a revised quote after receiving the appropriate customization information from Customer.
- f) Tasks related to the creation of the customized product are subject to the written approval by Customer of the customized design and the associated revised quote.
- Contract language shall be English.
- The complete text of the contract is not saved by Seller. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by Seller, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to Customer via e-mail.
§ 9 Special agreements related to the payment method “Bank wire”
- If the selected payment option is bank wire, then Customer will only be able to Pre-Order the products in the shopping cart.
- In order to complete the ordering process Customer shall perform payment of the complete invoiced amount via bank wire to Seller’s bank account:
- Sellers bank account details:
- Name of account owner: Bucher Aerospace Corp.
- Bank Name: Coastal Community Bank
- Routing: 125108405
- Merchant account number: 1007016197
- Bank address: 2817 Colby Avenue, Everett, WA 98201, USA
- Seller will provide order confirmation, if full amount is received by Seller not later than 14 days after Pre-Order. If payment of full amount is not received before 14 days, Pre-Order will automatically be cancelled.