Terms and conditions

1. Scope

These general terms and conditions shall apply to any and all contracts of the Finsterwalder GmbH, irrespective of their subject-matter, if and when the contract partner has received a copy of these general terms and conditions for reference. Furthermore, they shall apply without express reference being made to them to any future business transactions once they have become the basis of a contract.

2. Contract

Any contract shall be confirmed by us in written form to become effective. Without such confirmation, a contract shall be deemed to be accepted upon delivery of the goods or upon rendering of the agreed service.

3. Prices, payment

The specified prices shall be ex works plus shipping costs and collection fees. Our price lists valid at the time of concluding a contract shall exclusively apply. Unless otherwise agreed, we shall deliver the goods against cash payment or prepayment according to the order confirmation. Otherwise, the purchase price shall become due and payable three days from the date of invoice. This shall also apply to partial deliveries. If and when the period for payment has expired, we shall charge interest on arrears of 2% above the interest usually charged by the banks for overdrafts on current accounts. Unauthorized cash discounts shall be collected plus a processing fee of 10,00 €.

4. Minimum order values for shipping orders

For customers in Germany respectively in the EU: 15,00 €
For wholesalers in Germany respectively in the EU: 75,00 €
For export in non-EU countries: 130,00 €

5. Delivery

Acceptances of delivery periods shall apply ex works. If and when agreed delivery periods cannot be maintained due to acts of God, they shall be suspended until the impediment due to a delivery is remedied. It is also an act of God, if a supplier of the Finsterwalder GmbH fails to deliver or only makes partial deliveries of the goods. In case of deliveries having a fixed deadline, the purchaser shall at least be obliged to bear the shipping costs out and home if we dispatch the goods in time but when they are returned due to a delay in transportation. Items not in stock shall be delivered as soon as possible. Any such subsequent delivery shall be freight collect but without charges for packing and packaging.

6. Withdrawal

If and when the period for any subsequent delivery has expired, the purchaser shall be entitled to withdraw from the contract. If he has received a partial delivery before and such partial delivery is of no use for him, the purchaser shall be entitled to return the same and the purchase price claim shall cease to exist. Furthermore, the purchaser shall be entitled to withdraw from the contract in the event of force majeure and associated delay in delivery in accordance with the above clause, if delivery cannot be made within a reasonable period of time. In other cases, withdrawal shall be permissible if, despite the setting of a reasonable grace period after the agreed or anticipated delivery date has expired, delivery is not made within the grace period. Any withdrawal from a contract shall be made in written form.

7. Retention of title

The Finsterwalder GmbH shall retain ownership of all goods until any and all obligations arising from a contractual relationship are fulfilled. In case of a resale of the goods, the purchaser is obliged to inform his contractual partner about this. In case of possible enforcement measures over the retained goods, the purchaser has to inform us immediately and under transmittance of the bailiff’s return.

8. Passing of risk

Upon delivery of the goods to the purchaser or the forwarding agent, the risk of deterioration or loss shall pass to the purchaser, irrespective of the fact who (purchaser or seller) has beared the shipping costs. We shall take out particular transport insurances only upon request of the purchaser and for his own account.

9. Return policy

If the purchaser is an end consumer, he shall be entitled to return the goods within 14 days after their receipt. Provided, however, that the goods returned are practically new and that the shipping costs are beared by the purchaser. However, it shall be impossible to return items made to specification such as tubes cut to size, profiles and material sold by the meter, sails and harnesses made to customer specifications or books and digital goods. When hang gliders are returned, a processing fee of 50,00 € shall become due and payable. If pursuant to the above conditions the return privilege may not be granted, the purchaser shall become liable for damages to the Finsterwalder GmbH, if he does not accept the goods although he was requested to do so. We shall then decide, if we want to withdraw from the contract or if we want to claim damages for non-performance. In the event of damages for non-performance when an acceptance is delayed, we shall be entitled to claim 30% of the invoiced value without any deductions, unless we can satisfactorily show a higher damage.

10. Warranty

The statutory warranty period of two years from delivery shall apply. We warrant that our goods are free of any defects. If and when the goods are defective for reasons beyond the purchaser’s control, he shall be obliged to request a subsequent delivery of goods free of any defects, or to request a subsequent improvement within a reasonable period of time first in accordance with the above clause, before he can assert any further warranty claims. The goods shall be returned to us to examine any warranty claims. In the event that a warranty claim is not justified, the purchaser shall be liable for all cost of transport. If no substitute delivery or no subsequent improvement is possible within a reasonable period of time, the purchaser shall be entitled to withdraw from the contract. Warranty claims for non-performance shall only be admitted, if and when intent or gross negligence can be imputed to the Finsterwalder GmbH. Apart from that, any and all claims for consequential damage due to defects shall be excluded. If the purchaser is a businessman, he shall be obliged to inspect the goods for any possible defects upon their receipt and to forthwith give notice of any defects. Failing this, he shall lose his right to any warranty claims. Furthermore, warranty claims shall be excluded, if the defects are due to the purchaser’s improper handling of the goods. When buying a hang glider or a paraglider, the purchaser shall be obliged to observe the operating instructions and to have control and instruction flights made either by the manufacturer or by an instructor who is familiar with the glider.

11. Other provisions

If one or more of these provisions become ineffective, this shall not affect the validity of the remaining provisions.

12. Commerce with the USA and Canada

The reselling of our goods to these countries is generally prohibited.

13. Place of jurisdiction

The place of jurisdiction for both parties shall be Munich, if the purchaser is a businessman.