Terms and Conditions

1. Scope of application

1.1 The business relationship between Wagner Christopher und Dieing Lukas GbR, 88299 Leutkirch im Allgäu (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 You can reach our customer service for questions, complaints and objections by e-mail at info@skyquestions.com

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity (§ 13 BGB). The law of the Federal Republic of Germany shall apply.

1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.

All offers are valid "while stocks last", unless otherwise stated for the products. Errors excepted.

3. Order process and conclusion of contract

3.1 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Buy now/order at cost" button. Before submitting the order, the customer can change and view the data at any time or cancel the order process altogether. Required information is marked with an asterisk (*)

3.2 The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application.

3.3 If the seller chooses the payment method "SOFORT -Überweisung", the contract is concluded with the request for payment (when clicking on "Buy now/order with costs"). If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order is no longer valid. In the case of "purchase on account", the order is then valid for the buyer for a maximum of 10 calendar days.

3.4 The contract language is German.

4. Prices, vouchers and shipping costs

4.1 The prices stated in the respective offers are final prices. They include all price components including any applicable taxes such as VAT. Only in the case of cross-border delivery may further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) be payable by you in individual cases, but not to the seller, but to the customs or tax authorities responsible there.

4.2 Other delivery and shipping methods, insofar as these are available at all within the scope of the product delivery/service, and their costs will be shown to you on the product or shopping cart page and during the ordering process. We offer digital products exclusively for electronic download.

4.3 If the payment method has been chosen as the payment method, the corresponding booking must be made within 10 calendar days of the order. Otherwise, the order will expire.

4.4 Whether a promotional discount or discount code can be used with a voucher depends on the validity of the voucher code, time and product restrictions, the value of the goods, the availability of the promotional discount and the amount of the minimum order value. Vouchers can be limited to new customers. Vouchers cannot be paid out retrospectively or in cash.

4.5 The goods always remain the property of the seller until the purchase price has been paid in full. If the customer is in default of payment, the seller is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal.

5. Delivery conditions

5.1 Provided that the seller has accepted the customer's contractual offer (the order), the delivery of the goods ordered by the customer shall take place in the manner and within the delivery period stated in the product description or according to the agreements made. If a time for the delivery service was agreed, the seller shall notify the customer of the dispatch of the goods by e-mail.

5.2 Any delivery dates communicated beforehand by the seller are non-binding, provided that no fixed delivery date has been explicitly agreed.

5.3 In the event of delivery from seller to consumer, paragraph 5.1, our standard processes will generally permit a notification by e-mail.

5.4 If the seller has not accepted the customer's contractual offer or the ordered product is not available, the seller shall inform the customer of this circumstance separately by e-mail.

5.5 Insofar as a revocation is possible with the products (see also No. 7), the seller shall transmit the revocation form together with the order confirmation and the GTC to the customer in text form. Alternatively, the revocation form under https://www.skyquestions.com/revocation can be used.

6. Payment conditions and offsetting

6.1 The customer can choose from the available payment methods within the scope of the order process. All payment methods available to the customer will be shown on the shopping cart or product page, as well as in the first step of the ordering process.

6.2 The customer can change the payment method stored in his user account at any time.

6.3 Payment shall be due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer shall already be in default if he fails to meet the deadline. In this case, he shall pay the statutory default interest.

6.4 The customer's obligation to pay default interest shall not preclude the assertion of further claims for default damages by the seller.

6.5 The customer shall only be entitled to offset if his counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

7. Withdrawal, not applicable for digital products

A right of withdrawal does not exist for contracts for the delivery of digital content which is not on a physical data carrier if the seller has begun with the execution of the contract after:

1. The consumer has expressly consented to the seller beginning with the execution of the contract before the expiry of the withdrawal period, and
2. The consumer has confirmed his knowledge that he loses his right of withdrawal through his consent at the beginning of the execution of the contract, and
3. The seller has provided the consumer with confirmation pursuant to § 312f (3) BGB.

8. Warranty

8.1 The following shall apply to the customer's rights in the event of material defects and defects of title: The provisions of the statutory liability for defects shall apply unless otherwise agreed below. Insofar as the customer is a consumer as described in point 1.3, i.e. a natural person who concludes the legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his independent professional activity, the statutory warranty provisions shall apply without restriction.

8.2 The warranty period shall be 1 year from delivery for customers who are entrepreneurs.

8.3 Clause 8.2 shall not apply to claims for damages and reimbursement of expenses by the customer due to other legal grounds in addition to those described in section 9, nor to claims due to defects for which a quality guarantee has been given; section 479 of the German Civil Code (BGB) shall apply to recourse claims by business operators.

9. Liability

9.1 The seller shall be liable without limitation in cases of intent or gross negligence, in the event of fraudulent concealment of defects, for claims arising from a guarantee of quality or durability, and for injury to life, limb or health. The seller shall also be fully liable in accordance with the Product Liability Act.

9.2 In the case of simple negligent breaches of material contractual obligations, the performance of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely, the seller shall be liable, except in the cases mentioned in Section 9.1, limited to the foreseeable damage typical for the contract. In all other cases, liability is excluded.

9.3 The limitation of the aforementioned liability provisions shall also apply to the seller's vicarious agents.

10. Data protection

10.1 In the context of contract initiation, conclusion, processing and reversal, the seller collects, stores and processes data within the framework of the statutory provisions, in particular from the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act.

10.2 The seller shall only collect, process or use the customer's personal data insofar as this is necessary for the implementation of the contractual relationship and for the processing and invoicing of the orders. After complete processing of the contract, the data is initially stored in compliance with the retention periods under tax and commercial law and then deleted after the expiry of these periods unless the customer has expressly consented to the further use of the data.

10.3 The customer has the right to request free information about his/her personal data stored by the seller at any time. In addition, the customer has the right to correct incorrect data as well as to block and delete his/her personal data to the extent that there is no legal obligation to retain it.

10.4 Further information on the type, scope, place and purpose of the collection, processing and use of the personal data required for the execution of orders by the seller can be found in the Privacy Policy.

11. Place of jurisdiction, choice of law, severability clause

11.1 The place of performance and jurisdiction for all disputes arising from this contractual relationship shall be the seller's place of business if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany or another EU member state, or if the customer is not a consumer as defined in section 1.3. In addition, this also applies if the customer's place of residence or habitual abode is unknown at the time of bringing the action. The seller's authority to call upon the court of another statutory place of jurisdiction remains unaffected.

11.2 The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods, even if the customer's place of residence or business is abroad.

11.3 Should individual provisions of these Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties shall replace the wholly or partially invalid provision with a provision that comes closest to the economic purpose of the invalid provision.