General Terms of Business

1. Object of the terms of use, scope and contract partners

1.1 The following conditions govern contract conclusion on the sales platform of simFlight GmbH, Werner-von-Siemens-Str. 28, D-24568 Kaltenkirchen (henceforth “SIMMARKET”), in relation to the hardware and software products and other services provided on the sales platform.

1.2 Different arrangements exist when a customer concludes a contract on the sales platform. Depending on the contractual object – i.e. the product purchased and/or service ordered – a contract arises between the customer and different companies:

1.2.1 In the case of the purchase of software licences or hardware, the contract partner of the customer is the seller named on the product page. Insofar as SIMMARKET is not the seller, SIMMARKET acts as representative and authorised receiving agent of the named manufacturer or licensor and accepts declarations of the customer on the sales platform as well as payments.

1.3 It is the responsibility of the customer to maintain their PC and operating system in a state that permits use of the software or hardware. In particular, the PC of the customer must fulfil the minimum system requirements of the respective software or hardware and have a sufficiently fast Internet connection.

1.4 Any provisions deviating from these terms or general terms of business on the part of the customer shall only apply if SIMMARKET has expressly agreed to their application in advance and in writing.

1.5 All prices stated on SIMMARKET include the respectively applicable value added tax.

2. Contract conclusion

2.1 The presentation of the products on the website of SIMMARKET does not constitute a binding offer. Instead, the customer is given the opportunity to submit a binding offer on their part for the purchase of the product they selected.

2.2 The customer submits such an offer by going through the order process and sending the order by activating the “Buy” button. Before submitting the order, the customer is able to view, edit or delete the order data at any time.

2.3 After submitting the order, the customer will receive an order confirmation by email to the email address which they entered during the order process. This order confirmation does not constitute acceptance of the offer, but merely serves to inform the customer about the receipt of the order while restating the order data.

2.4 The contract between the customer and the contract partner arises upon dispatch of the ordered product in the case of hardware or upon provision of the licence or provision of the software in the case of software. SIMMARKET decides at its free discretion on the acceptance of the offer.

3 Payment

The customer may choose the desired payment method during the order process.


4. Right of cancellation for distance-selling contracts with consumers

Right of cancellation

The customer has the right to cancel this contract within 14 days without stating reasons.
The cancellation period amounts to 14 days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods – or from the day of contract conclusion for digital content.
In order to exercise the right of cancellation, the customer must send us, simFlight GmbH, Customer Dept., Werner-von-Siemens-Str. 28, D-24568 Kaltenkirchen, email: [email protected], a clear declaration (e.g. a letter sent by post or an email) about their decision to cancel this contract. The customer may use the enclosed template cancellation form, but is not required to do so.
The customer must simply submit the declaration about their decision to exercise the right of cancellation prior to the expiry of the cancellation period in order to observe the cancellation period.

Consequences of cancellation

If the customer cancels this contract, we must repay to the customer all payments, which we have received from the customer, including the delivery costs (with the exception of additional costs incurred as a result of the fact that the customer chose a more expensive delivery method than the cheapest standard delivery we offer) without undue delay and no later than within 14 days from the day on which we receive the declaration regarding the cancellation of this contract. To settle this repayment, we shall use the same payment method that was used in the original transaction, unless otherwise expressly agreed with the customer; under no circumstances will the customer be charged any fees due to this repayment. We may deny repayment until we have received the returned goods or the customer has submitted evidence that the goods were returned, depending on which occurs earlier.

The customer must return or send the goods to us without undue delay and no later than within 14 days from the day on which they informed us about the cancellation of this contract. The period is deemed observed if the customer sends the goods prior to expiry of the period of 14 days.

The customer shall bear the direct costs of the return dispatch of the goods.

The customer only needs to pay for any loss of value in relation to the goods if this loss of value is attributable to their handling of the goods that was not necessary for checking the quality, properties and functioning of the goods.

The right of cancellation pursuant to Section 312g (2) Page 1 No. 6 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) shall not exist for contracts on the delivery of audio or video recordings or computer software in sealed packaging if the seal is removed after delivery.

End of the cancellation notice

Template for the cancellation form

Template cancellation form

(If you wish to cancel the contract, please complete this form and send it back to us.)

-To: simFlight GmbH, Customer Dept, Werner-von-Siemens-Str. 28, D-24568 Kaltenkirchen, email:

[email protected]:

-I/We (*) hereby cancel the contract that I/we (*) have concluded on the purchase of the following goods (*) / provision of the following services (*):

-Ordered on (*) / received on (*)

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only for paper submission)

-Date

__________

(*) Strike through as appropriate.

5. Delivery of the good or right of use

5.1 In the case of hardware, the good shall be delivered to the delivery address entered during registration.

5.2 In the case of software, delivery occurs by way of the provision of the software, licence and/or download link. Provision follows completion of the order and payment process via the SIMMARKET app or the SIMMARKET web shop.

5.3 In the case of software products, the customer acquires a usage licence from the licensor stated in the product description.

5.4 Delivery of the good or provision shall only occur after receipt of payment.

5.5 The permanent provision of backup files and product keys in the customer account is a free service of SIMMARKET. There is no legal entitlement to this service, which may be suspended at any time after delivery of the purchased product. The customer is responsible for backing up the delivered product keys and/or files for future use.

6. Set-off and retention

The customer shall only have a right to set-off if their counterclaims are legally determined or accepted by SIMMARKET. Moreover, the customer shall only be permitted to exercise a right of retention to the extent that their counterclaim refers to the same contractual relationship.

7. Guarantee for defects and liability

7.1 The guarantee rights of the customer are determined in accordance with the law.

7.2 Claims to compensation due to breach of duty and for tort are excluded both against SIMMARKET and against its vicarious agents and assistants.

7.3 The liability limitation according to Point 7.2 shall not apply if the damage is caused with intent or gross negligence, or in the event of the violation of essential contractual duties (i.e. duties whose fulfilment enables proper performance of the contract in the first place and in whose observance the customer may therefore regularly trust and whose violation jeopardises achievement of the contractual purpose). Furthermore, the liability limitation does not apply to damages due to injury to life, limb or health, if SIMMARKET is responsible for the breach of duty. The limitation shall likewise not apply to damages based on the lack of an assured property or for which liability is stipulated in accordance with the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).

7.4 Insofar as SIMMARKET provides software free of charge, SIMMARKET shall not accept any liability whatsoever except in cases of damages caused by gross negligence or intent.

8. Customer account

8.1 A customer account on SIMMARKET is required to purchase hardware and software licences.

8.2 All fields marked as “required” in the registration form must be completed by the customer. The customer must enter all information in the registration form correctly, regardless of whether the fields are voluntary or mandatory. During registration, the customer must enter their email address via which they can actually be reached.

8.3 Customer accounts are non-transferable. The granting of access to third parties is expressly prohibited.

8.4 The owner of the customer account is responsible for all activities in their account.

8.5 In the event of unpermitted activities, SIMMARKET reserves the right to close the customer account temporarily or permanently.

8.6 In the event that the customer violates the General Terms of Business, SIMMARKET is permitted to block the customer account temporarily or permanently. A claim to the recovery of deleted information does not exist.

8.7 SIMMARKET protects its systems against attack by computer viruses. However, the risk of an attack by computer viruses can never be completely eliminated. Moreover, it is possible that unpermitted third parties may send emails using the SIMMARKET name without the consent of SIMMARKET, which contain viruses or spyware, for example, or link to web content containing viruses or spyware. SIMMARKET has no influence over this. For this reason, the customer should check all incoming emails sent in the name of SIMMARKET for possible viruses.

8.8 SIMMARKET is not responsible for damages or loss of data which may occur on the computer of the customer through the installation of software that does not originate from SIMMARKET.

8.9 The customer is obliged to maintain strict secrecy with respect to the access data obtained for the customer account (login data, passwords etc.) and not to disclose same to third parties, unless SIMMARKET has agreed to the transfer of the account in advance and in writing. The customer undertakes not to use the user name and password of another customer without authorisation under any circumstances. In the event that a third party uses an account after having obtained the access data due to the failure of the customer to protect the access data sufficiently from unauthorised access, the customer must accept that they shall be held accountable as if they themselves had used the account.

8.10 The customer undertakes to inform SIMMARKET promptly as soon as they become aware that unauthorised third parties have discovered their access data. SIMMARKET recommends that for security reasons passwords should be changed on a regular basis.

8.11 In the event of a justified suspicion that access data has been discovered by unauthorised third parties, for security reasons SIMMARKET is permitted, but not obliged, at its free discretion to unilaterally change the access data without advance notice and to block the use of the account. The customer has no claim to the recovery of the original access data.

8.12 SIMMARKET will communicate with the customer via the internal ticket system and/or by email, unless otherwise determined by these General Terms of Business or another agreement with the customer. The customer must therefore ensure that they are able to receive emails sent by SIMMARKET to the email address entered by the customer during registration or respectively the email address subsequently disclosed to SIMMARKET. In particular, the customer will configure the settings of the spam filter accordingly and regularly check this email address. In other respects, SIMMARKET reserves the right to choose another suitable form of correspondence.

9. Termination

The customer account may be terminated by both parties at any time.

If SIMMARKET is responsible for extraordinary termination, the following applies:

  a. insofar as the customer enters default on the payment of fees;

  b. insofar as the customer violates these General Terms of Business.

10. Licence and usage conditions

10.1 All products offered by SIMMARKET – either in exchange for a fee or free of charge – are subject to copyright.

10.2 The use of software is exclusively permitted for one’s own, non-commercial use.

10.3 SIMMARKET provides the customer access to the software in the respectively available version. The customer has no claim to the maintenance or provision of a specific condition/functional scope of the software and/or updates. The customer is aware that the software and the additional services can never be completely free of errors. Software and updates are therefore only deemed defective if their use is rendered difficult and impaired on a sustained basis.

10.4 The customer shall always document any defects that occur to the software or other services or deliveries of SIMMARKET in a comprehensible manner and in particular report such defects in writing by logging the error notifications displayed (support information can be viewed on the respective product page). Before reporting an error, the customer shall consult the usage and service manual and other aids provided by the licensor in order to rectify the problem (in particular lists with frequently asked questions and discussion forums on problems). The customer is obliged to make every effort to support the licensor in the possible rectification of the defects.

10.5 The sharing or publication of software, partial contents and software keys is not permitted. The unpermitted distribution, duplication, exploitation or other breach of copyrights shall be prosecuted under civil and/or criminal law.

10.6 Copying and archiving for the purpose of creating a backup is permitted.

10.7 The copyrights or other protective rights remain with the licensor.

11. Data protection

The use of personal data is explained in our privacy policy.

12 Amendment clause

SIMMARKET reserves the right to amend or extend these terms and conditions at any time with effect for the future, provided that this appears necessary and does not disadvantage the customer contrary to good faith. An amendment may be necessary in particular to make adjustments to a change in the legal situation or to reflect development-related changes in the scope of services with regard to the products and/or the additional services. Newly issued court decisions shall also be deemed to be a change in the legal situation.

13. Final provisions

13.1 If one party delays, waives or refrains from asserting its rights within the framework of these General Business Terms or if it grants the other party deadlines, this shall not impair the existence of the respective right.

13.2 For the event that the User relocates its place of residence or customary place of stay from the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction is Kiel. This shall also apply if the place of residence or customary place of stay of the User is not known at the time of a possible filing of an action.

13.3 The law of the Federal Republic of Germany shall apply exclusively to contracts concluded based on these General Business Terms and thus associated claims under the exclusion of the provisions concerning the standard UN Convention on the International Sale of Goods.

13.4 Should individual provisions of these General Business Terms be or become invalid, this shall have no effect on the validity of the other provisions.



Kaltenkirchen 15. October 2021

Customer Reviews
JUSTSIM - ENGM - OSLO AIRPORT GARDERMOEN - MSFS
fabio
very well done and unlike others I find the interior useless so for me it is complete
RKBRIDGER - FLORIDA WEST COAST BRIDGES MSFS
Thomas
One of my favorite bush trips was the Florida trip from the FSAcademy Voyager. This addon makes the trip along the keys even better. It now make the trip so much more immersive. Recommended buy if you spend anytime in the keys area.
TROPICALSIM-2 - LAJES LPLA MSFS
marcos
very beautiful airport because i grew up here in this air force base shared between Portugal and US, probably one of the most important (strategically __________) US bases because all US military planes normally stop here due being in the middle of US and Europe so the pilots can rest and arm the planes, i grew up in this base (BA-4) because my father was an officer of Portuguese AF (from 80´s to 2000´s. This airport was very well done and it is an amazing place to explore, it has a very big runway for all type of planes, congrats tropicalsim, check my YT for reviews (guitargamery)
ALFA DELTA SIMULATIONS - BAHIA SOLANO SKBS MSFS
David
It lacks details and it's not like you can see much of it in real life, it could improve in those aspects
BORIS AUDIO WORKS - CIRRUS SR-22 SOUND SET - MSFS
David
Bought this for the XP11 SR22 and it was the best GA sound pack I've ever heard. Whilst the MSFS version is not quite as articulate or wide ranging in sounds as the XP11 version, it's still an absolute must have, if you enjoy the SR22 in MSFS, and so much better than the stock sounds. I wish they had got things like the AC / fan sounds working with the MSFS version, as they did with the XP11 version.
S-DESIGN - VELANA INTERNATIONAL AIRPORT [VRMM] (MALE, MALDIVES) MSFS
Jürgen
Die Bodenstruckture-
n könnten tatsächlich realistischer sein und einige Beschriftungen fehlen auch an den Airport Gebäuden. Ansonsten sehr gute detallierte Umsetzung mit fast liebevollen Details.Man sollte mal z.B. mit einem Follow me Car die Scenerie abfahren. Framerate sehr gut auf meinem PC System, auch die Seaplane Base ist gut nachgebildet.Kl-
eines Update durch S Design wäre gut
JUSTSIM - ENGM - OSLO AIRPORT GARDERMOEN - MSFS
Peter
Oslo belongs to one of their best airports! Pricy but worth every euro!
JUSTSIM - ENGM - OSLO AIRPORT GARDERMOEN - MSFS
Joern Ove
All in all very detailed, although it hits performance a bit. Also some wrong scaling on buildings. The tower for instance looks way too short compared to real life. No airport interiors, which I hope will come with future updates.
HCG DIGITAL ARTS LTD. - HUGHES H-1 RACER MSFS
marco
It's well detailed and flies well, the developer's care is unmatched, for anyone who loves the golden age of aviation it's a great representation!
INDIAFOXTECHO - EUROFIGHTER TYPHOON FSX P3D
Mahesa Ihzarul
it was a good addon, but maybe you could add COLD AND DARK state inside this aircraft
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