General Conditions of Sale Firebird GmbH and Co. KG.
Who is the contractual partner?
Your contract is with Firebird GmbH and Co. KG., Am Tower 16, 54634 Bitburg. The company president is Bernd Pohl. 
Trial court Bitburg HRB 40189
Validity for conditions of sale Delivery and payment terms are based on the general conditions of sale. Differences are accepted only if they are confirmed in writing. Conclusion of contract A written acknowledgment is necessary to finalize the contract. It will be replaced by delivery or receipt of invoice. Prices The prices listed in the catalog are effective for orders from the Internet. All prices include VAT (Value Added Tax), for customers who are not registered as dealers. Dealer prices are valid on invoice date. No discounts are possible. Customers in Germany and other EU-member countries must pay the German VAT. Delivery in non-EU-member countries is at the net price. Should Firebird GmbH or Co.KG inadvertently make an error or omission in the product declaration or price, we reserve the right to correct it. In this case we would immediately inform the customer of the error or omission, and the customer may either re-confirm the order or cancel the contract. Conditions of delivery and payment All orders placed through the Internet will be processed as quickly as possible. The goods will be shipped to the address provided by the customer, who will assume the risk once the goods have left our premises. Delivery time: Products in stock will be shipped by Firebird GmbH and Co. KG within 2 to 5 working days, depending on destination. The delivery time for special orders (for example, canopies, harnesses) can vary, without penalty, up to 50% from the delivery date written in the contract. Firebird GmbH and Co. KG bear no responsibility for delays in delivery caused by a third person (supplier). If the date of delivery, as stipulated in the contract, is exceeded by more than 50%, the buyer has the right to cancel the order. The customer will be informed about delivery delays as soon as possible. Possession of goods The goods remain the property of Firebird GmbH and Co. KG until they are paid in full. Right of return and cancellation You have the right to cancel the order, without stating a reason, within 14 days from receipt of goods. To safeguard your right to cancel the order, within the 14-day time period, send us written notification (via letter, Fax or E-mail) or return the goods to: Firebird GmbH, Am Tower 16,
54634 Bitburg, Germany. Firebird GmbH and Co. KG are required to refund the amount paid within 21 days from receiving goods. Shipping costs are your responsibility.
Pursuant to § 312d BGB, some are goods are excluded from this right of return and cancellation: Goods that have been manufactured to customer specifications (for example, canopies in custom colors, harnesses custom made to size, jumpsuits) or clearly made to individual requirements, including but not limited to audio and video cassettes, software that has been opened, and goods that because of their qualities can not be returned. Goods should be returned in good, unused condition, in the original packaging, with the original invoice and other materials (instruction manuals, etc.). When the goods show evidence of use or wear, there will be a reduction in the amount repaid to compensate for damage. This can be avoided if the customer unpacks the goods only for inspection and does not use the item before deciding to return it. After finalization of the sales agreement, should Firebird GmbH and Co.KG determine that the ordered goods or services can not be provided or due to legal limitations can not be delivered, Firebird GmbH and Co.KG may withdraw from the agreement. Payments already made would be immediately refunded upon cancellation of the agreement.
If you have any further questions please do not hesitate to contact us. Guarantee - Complaints In spite of the best procedures and quality controls, sometimes mistakes are made and you could possibly receive incorrect or damaged product. Please note that as the customer, it is your responsibility and in your best interest to notify us within 2 weeks of any incorrect, defective or damaged goods. Your right to return defective goods and receive a refund or replacement only applies to this period of time. For prompt processing of a return, we need a copy of invoice as well as a detailed description of the reason for the return. During the legally guaranteed period of 24 months from receipt of goods, we will either repair or partially or completely replace the item in question. If the replacement or repair is not satisfactory, the customer has the right to make a deduction from the amount of the invoice or cancel the contract. We are not liable for defects that result from improper handling or operation, above average strains or demands, outside stresses, or locking parts.
Damages in transit Please immediately check every delivery for completeness and damages. If the external packaging is damaged or resealed with tape by the delivery company, you should complain immediately to the delivery service and confirm this complaint in writing. If you are in doubt, you can refuse to accept the package and contact us. We will arrange the quickest possible resolution, replacement or re-shipment. Privacy notice No personal customer information will be given to anyone outside of Firebird GmbH and Co.KG. Firebird GmbH and Co.KG guarantee that the customer information that results from an order will only be used for processing the order and saved only to be used for internal market research and marketing purposes. Firebird GmbH and Co.KG will only provide customer information to an affiliated third party as necessary to complete an order. If the customer does not agree to the use of information for internal purposes, the customer has the right to forbid this use by notifying us by E-mail at: info@flyfirebird.com. Liability Our liability is limited exclusively to damage caused by deliberate and gross negligence. Any further liability is excluded. The extent of liability remains unaffected by product liability legislation.
The customer does not have the right to made deductions or withhold payment, in cases in which claims are undisputed or legally binding and fairly determined. Should individual provisions of this contract completely or partially not conform to current laws, or if they later become nonconforming, the validity of the contract will not be affected. In this case the parties to the contract are required to replace the unworkable provision with a mutually agreeable settlement, as far as it is legally possible, so that the economic purpose of the contract is not altered for either party. This is also valid if the contract is viewed by one party to hold an unforeseen loophole.
Miscellaneous The customer does not have the right to make deductions from or withhold payments, if the charge is undisputed or conforming to legal requirements. Should individual provisions of the contract either completely or partially not conform to legal requirements or later lose their conformity, the validity of the contract will not be affected. In this case both parties to the contract are obligated to find a workable and mutually agreeable substitute for the unworkable provision, and as much as possible, not affect the financial intentions of the contract for either party. This also applies if one party finds previously unforeseen loophole in the contract. As far as permissable (for example, for dealers), Bitburg is the court of jurisdiction for all legal conflicts between the customer and Firebirg GmbH and Co.KG.
Jurisdiction German laws govern the business relationships between Firebird GmbH and Co.KG and our customers. Conditions of delivery Prices The prices listed in the catalog are effective for orders placed on the Internet. All prices include VAT (Value Added Tax), for dealer without VAT. Dealer prices are valed on date of issuing an invoice. No possibility of discount. Domestic costumers as well as customers in foreign european countries have to bear german VAT. Delivery in non-foreign european countries takes place at net prices.
Conditions of delivery and payment All orders placed on the internet will be executet as quickly as possible! The goods will be shipped to the enclosed adress of the buyer, who will bear the risk until the goods have passed our premises. Delivery period: products in stock will be shipped by Firebird GmbH & Co. KG within 2-5 working days. (depending on destination). Delivery period for special ordes (individuel), for example, canopies or straps, can differ 50% as agreed in the conract.. Firebird GmbH & Co. KG bears not the risk for delay in delivery, accrued by third person(supplier). If the date of delivery,as stipulated in the contract, is oversteped by more than 50%, the buyer has got the right to cancel the order. The client will be informed about delay in delivery as soon as possible.
Payment in advance For custom-made products, customers must pay 25% of the price in advance.
Transport costs Transport of the goods will be made by the German Post or any other shipping service at the customer's request. Costs will be calculatet based on package weight and destination zone.
Reimbursement for VAT Products shipped to non-EU-member countries will be priced net of Value Added Taxes. Provided you have bought and taken possession of the goods in Germany, VAT will be reimbursed after you have submitted the duty-documents. The customer is responsible for all bank charges and fees. | 
