TERMS OF SERVICE

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1. GENERAL

These General Terms and Conditions (hereinafter referred to as „GTC“) govern the relationship between the business company Online Aero Training s.r.o. (hereinafter referred to as "Seller") and customers of the Seller (hereinafter referred to as “Buyer” or „user“). The Buyer is obliged to get acquainted with this General Terms and Conditions and agree with them before ordering any goods from Buyer.


The GTC shall be applied to the entire www.online-aero.com website, to all of the services and products (things) offered and provided by Online Aero Training s.r.o. (hereinafter referred to jointly as “goods”). For avoidance of doubt the Seller proclaims that goods shall mean for the purposes of the GTC and the contract also a service or a digital content supplied by the Seller to the Buyer (primarily through access to the Seller’s databases). By making the purchase of any goods, the Buyer agrees with these GTC.


2. GENERAL INFORMATION

The Seller shall acknowledge the receipt of the Buyer’s order without undue delay by means of an email message.


Information about goods and prices presented by the Seller is binding except for obvious errors. All displayed prices are final (including VAT where applicable). Other taxes, where applicable, such as import duties and the cost of delivery of goods, are not included in the prices.


The purchase contract may be entered into in English. The purchase contract (including GTC) is entered into at the time of receipt of the payment by the Seller from the Buyer.


The Seller is entitled to contact the Buyer prior to the shipment of his/her order. This includes problems with information received or not received from Buyer’s order (the Seller may require additional information) and any issues the Seller discovers related to information about goods, availability, or pricing. The Buyer may cancel the order, without penalty, prior to its shipping, for a full refund of the purchase price, less any bank charges incurred by the Seller.


Payment terms are within Seller’s sole discretion, and, unless otherwise agreed, payment must be made at the time of purchase. Payment may be made by credit card or some other prearranged payment method. The Buyer is solely responsible for entering true, correct and full billing + contact details at the time of placing an order, especially with regard to the country of residency and the VAT status (VAT number if applicable) of the Buyer. The Seller does not require any fees depending on the payment method.


3. DELIVERY OF THE GOODS

In general, the Seller shall attempt to deliver the goods to the Buyer complete, within 15 working days as of the confirmation of the order, unless stated otherwise as to the respective goods and with regard to the shipping method selected by the Buyer. If the status of goods is "in stock", the Seller shall dispatch the goods within 2 working days. The Buyer shall accept the goods and pay for it. The Buyer shall check the goods immediately after the delivery of the goods. Digital content purchased by the Buyer shall be made available to the Buyer by the Seller immediately after the receipt of the payment.


If so requested by the Buyer , the Seller shall confirm in writing the extent and the duration of the Buyer’s claims from liability for defects and the manner in which the Buyer can exercise his/her rights following from the liability.


Shipping and handling fees are based on the size and weight of the order and the shipping method which the Buyer chooses for the delivery of the order. Delivery dates stated above (time required for delivery) are estimates only. The Seller shall not be responsible for delays in deliveries by a shipping carrier as it can not influence these factors. For international orders, the Buyer is responsible to pay all taxes, duties, and brokerage fees, which are in addition to shipping and handling charges applied to the order. The Buyer is solely responsible for correctly stating his/her VAT tax domicile for the purpose of VAT (Value Added Tax) application.



4. WITHDRAWAL

The Buyer may withdraw from the contract within 5 days from the takeover of goods or the last part of the delivery, regardless of the method of receipt of the goods or payment.


The Buyer may withdraw from the contract anytime before dispatch of the goods by the Seller.


The Buyer shall send or hand over the withdrawal from the contract to the Seller at latest within 5 days as of the takeover of the goods. The Buyer is not obliged to state the reason for the withdrawal from the contract. To facilitate communication, the Buyer shall state in the withdrawal from the contract the date of purchase or contract number/sales receipt, bank account and the method of returning the goods which the Buyer chose.


The Seller shall return to the Buyer the amount corresponding to the full price of the goods and paid cost of its delivery (hereinafter referred to as “the Respective Amount”) within 5 days as of the date of delivery of withdrawal from the contract (hereinafter referred to as “Return period”). The Respective Amount shall be returned in the same way as the Seller received the payment from the Buyer. If the Seller offered several options for certain delivery method, the Seller is obliged to reimburse only the cheapest one. The Buyer shall return the goods to the Seller at latest within the Return period as well. The goods shall be returned to the Seller complete, preferably in the original packaging and it shall not show signs of wear or damage. If the value of the goods was decreased through the handling or disposition of the goods by the Buyer in a manner which was not necessary with regards to the nature and features of the goods, the Seller is entitled to claim a compensation for the decrease of the value of the goods and set it off against the Respective Amount. The same rule shall be applied if the goods were damaged.


The cost of returning the goods shall be borne (in case of the withdrawal) by the Buyer. The Seller is not obliged to return to the Buyer the Respective Amount unless the Buyer already returned the goods to the Seller.


Exceptions: The right to withdraw from the contract shall not be applied to contracts for the supply of digital content if it is not supplied on a tangible medium and the delivery of the digital content takes place, at the Buyer’s express and informed previous request, before the end of the withdrawal period. The Seller proclaims that it supplies digital content only without tangible medium and the delivery of the digital content before the end of the withdrawal period can take place through www.online-aero.com website only at the Buyer’s express and informed previous request. Therefore if the Buyer orders the supply of digital content through www.online-aero.com website and the delivery of the digital content takes place before the end of the withdrawal period, the Buyer is not entitled to withdraw from the contract.



5. LIABILITY FOR DEFECTS

The Seller shall be responsible for the defects of the goods  (e.g. if the goods do not have agreed or reasonably expected features, the goods are not complete, the quantity, measure, weight do not correspond with legal, contractual or pre-contractual conditions).


If a defect is regarded as fundamental breach of the contract (no matter if the defect is repairable or irreparable) the Buyer may notify the defect and require (according to his/her choice)


The breach of contract is regarded as fundamental if the party in breach, while entering the contract, knew or should have known that the other party would not enter into the contract, if he/she would have anticipated the breach of the contract.


If a defect is regarded as non-fundamental breach of the contract (no matter if the defect is repairable or irreparable) the Buyer is entitled to require removal of the defect or reasonable reduction of the purchase price.




6. BUYER’S RIGHTS FROM LIABILITY FOR DEFECTS AND WARRANTY 

The Seller is liable for defects occurred after takeover of the goods within 12 month warranty period or at the time of usability stated in advertising, on packaging or in the attached instructions.


The Buyer is entitled to assert claim following from the liability for defects upon the Seller at the latest within two years as of the takeover of the goods. The Buyer is entitled to require to have the defects repaired free of charge or to obtain reasonable reduction of the purchase price; if it is not inappropriate to the nature of the defects (especially if it is not possible to repair the defect without undue delay) the Buyer may require supply of new goods without defects or a new part without defects.


If removable defect occurs repeatedly after the repair (the third complaint for the same defect or the fourth complaint for the different defects) or if the goods have more defects (at least three defects at the same time), the Buyer is entitled to claim reasonable reduction of the purchase price or exchange (replacement) of the goods or he/she can withdraw from the contract.


In case the repair or replacement of the goods is not possible, the Buyer may require full refund of purchase price on the basis of withdrawal from the contract.


The Seller is not obliged to meet the Buyer's claim, if the Seller proves that the Buyer has known about the defects before takeover or the defects has been caused by the Buyer.


The Seller is not liable for defects which occur as a result of wear and tear or failure to follow the instructions.



7. CLAIM SETTLEMENT

The Buyer is obliged to send a notice of defects (complaint) to the Seller or to the person designated for repair without undue delay after detection of defects. By doing so in writing or electronically, the Buyer should state his/her contact information, description of the defect and the choice of claims under Section 5. and 6.


The Buyer is obliged to inform the Seller which claim he/she has chosen when he/she notifies the Seller of the defects or without undue delay after sending this notice. The change of asserted claim without the Seller’s consent is possible only if the Buyer required repair of the defect, which turned out to be irreparable.


If the claim following from the fundamental breach of contract is not chosen by the Buyer on time, the Buyer shall have only claims following from the non-fundamental breach of contract.


The Buyer shall prove the purchase of the goods (preferably by the receipt) upon notification of defects. The period for settling the complaint is running as of the date of delivery of the defective goods to the Seller (or to the place designated for repair). The goods shall be packed by the Buyer in such a manner as to preserve and protect the goods. The goods shall be clean and complete.


The Seller shall immediately, but not later than within three working days, decide on the complaint or as the case may be that it is necessary to make an expert opinion. The Seller shall notify the Buyer of necessity of the expert opinion.  The Seller shall settle the complaint, including the removal of defects, without undue delay, at the latest within 30 days, unless agreed otherwise with the Buyer. The failure to fulfill this duty shall be regarded as fundamental breach of contract.


If the Seller refuses to remove the defect, the Buyer is entitled to require reasonable reduction of the purchase price or to withdraw from the contract.


The warranty period shall be prolonged by the period running as of the notification of defects (complaint) to its settlement (or until the time the Buyer was obliged to pick up the goods). If the goods or their parts are replaced by the new goods the liability for defects of the Seller shall be the same as in case of the new goods or their parts.