Auction Terms and Conditions

Please read these General Terms and Conditions carefully before using the auction function in the online shop. By using the auction function of the online shop, you declare your agreement to be bound by these terms and conditions.

§ 1 Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Auction Terms and Conditions") of Condor Flugdienst GmbH (hereinafter referred to as "Seller") apply to all contracts for the purchase of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller via the auction function in its online shop of Condor Flugdienst GmbH. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Contractual partner

The contract is concluded with Condor Flugdienst GmbH, An der Gehespitz 50, 63263 Neu-Isenburg, Commercial Register: Darmstadt Local Court, HRB 83385.

§ 3 Eligibility, registration

3.1 Only natural persons and legal entities with unlimited legal capacity are permitted to use the auction function. Natural persons with limited legal capacity or those for whom consent is required are permitted to participate if their legal representative has given consent for them to participate and place bids in the auction.

3.2 Registration for the auction function is done by opening a user account and agreeing to these auction terms and conditions and the privacy policy. To register, you must provide your name, an email address, and a password.

3.3 If the data provided during registration changes, in particular the email address, the customer is obliged to update the information immediately.

3.4 The customer is also obliged to inform the seller immediately if there are indications that a user account has been misused by third parties.

3.5 Registration will be canceled as soon as the personal data is no longer required for the fulfillment and processing of existing legal relationships or if the customer has not logged into the user account for three years.

§ 4 Exclusion from an auction and from the auction function

4.1 Customers may be excluded from an auction under the following conditions:

a) in the event of improper registration,

b) if bids are placed using unauthorized automated data processing processes,

c) in the event of unauthorized non-payment or non-collection of an auctioned item.

4.2 In the event of serious or repeated violations of § 4.1 of these Auction Terms and Conditions, customers may be excluded from all auctions in the online shop.

Section 5 Auction procedure, conclusion of contract

5.1 Listing an item in auction format constitutes a binding offer to conclude a contract for that item. If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.

5.2 The seller may additionally provide offers in auction format with a Buy It Now function. This can be exercised by a buyer as long as no bid has yet been placed on the item or a minimum price has not yet been reached.

5.3 The auction begins and ends at the times specified by the seller (offer duration). The start and end of the auction are displayed with the item description.

5.4 The submission of bids using automated data processing processes not authorized by the seller (e.g., so-called "sniper" programs) is not permitted.

5.5 The auction begins with a minimum bid for each item. The bid must be increased in increments depending on the minimum bid. The next higher increment is displayed automatically. Regardless of this, a higher bid may also be submitted. A bidding agent is provided which automatically increases the bid of customers using the bidding agent within the specified range (maximum bid) in increments adjusted to the previous bid until the customer is the highest bidder again. The customer is bound to their bid until it is superseded by a higher bid.

5.6 In auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the offer period. A bid expires if another buyer submits a higher bid during the offer period.

5.7 In a reverse auction, the seller's product is offered at the specified starting price. This starting price decreases at regular intervals until it reaches the lower price limit, until a bidder accepts the seller's offer by clicking the "Bid" button and thus concludes a legally binding purchase contract with the seller. The auction of the respective product ends either with the conclusion of the contract or when the time expires.

5.8 The customer who has placed the highest bid at the end of the auction will be notified of this by email.

5.9 The payment option(s) will be communicated to the customer in the seller's online shop. Payment for the amount of the highest bid must be made immediately, but no later than 10 days after receipt of the email in accordance with § 5.5 of these auction terms and conditions, to the account specified by the seller. The goods will only be handed over after full payment of the highest bid amount. The seller retains ownership of the goods until the purchase price owed has been paid in full.

5.10 The customer must collect the goods within 20 days of receipt of the email in accordance with § 5.5 of these auction terms and conditions at the location specified in the email. Collection can only take place on working days (Mon-Fri) between 8 a.m. and 5 p.m. and after prior registration.

§ 6 Relisting of an item, liability for damages

6.1 An item will be re-auctioned if, after the expiry of the period specified in § 5.8 and § 5.9 of the Auction Terms and Conditions, the highest bidder has not paid for and accepted the item within a period set by the seller.

6.2 The previous highest bidder may not bid in the re-auction. They are liable for any loss incurred in the re-auction, but are not entitled to any additional proceeds.

§ 7 Right of withdrawal, returns portal, return shipping costs

7.1 Consumers are generally entitled to a right of withdrawal in accordance with the statutory provisions.

7.2 If the right of withdrawal under clause 5.1 is exercised, the consumer shall bear the regular costs of the return shipment.

7.3 For paperless processing of returns, the seller also provides a returns portal at www.condor.com/shop/retoure.

7.4 Further information on the right of withdrawal can be found in the seller's withdrawal policy, which is attached as Appendix 1 to these General Terms and Conditions (see below).

7.5 A sample withdrawal form is attached as Appendix 2 to these Online Shop Terms and Conditions (see below).

§ 8 Used goods

8.1 If the goods offered are used goods, this is expressly stated in the respective product description. In particular, aircraft parts from aircraft that have actually been used are used goods. Used goods are items with significant signs of wear. Used goods are not fit for use and serve exclusively as decorative objects.

8.2 In deviation from the general provision in § 9.1 of these Auction Terms and Conditions, the limitation period for statutory claims for defects is reduced to one year for used goods.

§ 9 Liability for defects (warranty), complaints

9.1 If the purchased item is defective, the provisions of statutory liability for defects apply. For used goods within the meaning of § 8 of these Auction Terms and Conditions, the limitation period for statutory claims for defects is reduced to one year.

9.2 The customer must contact the following email address to make a complaint: condor-shop@condor.com in order to receive the necessary return documents. For technical reasons, it is not possible to make a complaint via the digital returns portal in accordance with Section 5.3. The customer must specify the defective item, including a brief explanation and bank details for the refund.

9.3 In the event of a justified complaint, there will be no costs for returning the damaged goods.

§ 10 Content from users and influencers

10.1 The buyer uploads their photo or video to Facebook, TikTok, or Instagram and uses @CondorAirlinesDE on Facebook, @condor.airlines on TikTok, or @condorairlines on Instagram to draw the seller's attention to their post. The user profile must be public so that the seller can see the photo or video.

10.2 If the photo or video is selected by the seller, the buyer will receive a comment or direct message from the Condor user profile. In it, the seller will ask to share and use the image or video. If the buyer grants permission in their reply, the buyer agrees to the seller's terms and conditions and privacy policy:

10.2.1 The seller uses photos and videos at their own discretion. The seller is not obligated to use the shared photos and videos.

10.2.2 The buyer retains legal ownership of any photo or video that the buyer uploads. However, the seller may use the image/content/video worldwide on a permanent basis for all social channels (social media platforms), websites, and the marketing of the seller's company free of charge.

10.2.3 The seller may edit or translate the content/image/caption/video/video description at its sole discretion.

10.2.4 The seller may use the name, username, image and caption, video and video description in connection with the buyer's shared images/content/videos.

10.2.5 By granting the Seller permission to use the image/video in their response, the Buyer confirms that they own the rights to the photo/video and have all necessary permissions to publish the photo/video.

10.2.6 By granting the Seller permission to use the image/video in their response, the Buyer confirms that they have the permission of all persons shown in the image/video. In the case of children, the Buyer confirms that they have the permission of the parents/legal guardians of all children depicted.

10.2.7 By granting the Seller permission to use the image/video in their response, the Buyer also confirms that they are over 18 years of age.

10.2.8 To the extent permitted by law, the buyer also agrees to waive their moral rights in relation to uploaded photos/videos.

10.2.9 If the buyer believes that an uploaded photo/video in any of the marketing channels, including social media platforms, is inappropriate, offensive, or violates the legal rights of any person, the buyer may report the photo/video by sending an email to socialmedia@condor.com. The buyer must specify exactly which image/video is involved and on which platform/marketing channel it is located. The seller will review this and, if necessary, attempt to remove these images/videos as soon as possible. However, this may not be possible immediately.

10.2.10 The seller reserves the right to remove images/videos from social media channels, the website, and marketing materials at any time and for any reason.

10.2.11 If images/videos from social media channels originate from the seller and are shared by other people, the seller will not be held accountable.

10.2.12 If the buyer requests the removal of the image/video for any reason, the seller is not responsible for removing images/videos from third-party websites/marketing channels.

§ 11 Data protection

11.1 Information on data protection and the processing of personal data is available in the seller's privacy policy.

§ 12 Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

§ 13 Place of jurisdiction

13.1 If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.

13.2 If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

§ 14 Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Changes to the General Terms and Conditions

15.1 The General Terms and Conditions in force at the time the buyer uses the promotional function of the Condor Flugdienst GmbH online shop shall apply.

15.2 The seller reserves the right to make changes to the General Terms and Conditions.

 

§ 16 Contact details

Condor Online Shop

c/o Alt FineCom Finishing-eCommerce-Logistics GmbH

Dammer Weg 51

63773 Goldbach

Email: condor-shop@condor.com

Phone: +49 9931 7029331 (at your provider's landline rate)