Terms of Service
Of Aerotune GmbH for
The service “aeroTEST” on www.Aerotune.com
(In the version of 05.04.2017)
§ 1 Scope, definitions
(1) The aeroTEST offered by Aerotune GmbH, hereinafter referred to as “the Supplier”, is intended exclusively for consumers. Consumers are any natural person who enters into a transaction for a purpose which can not be attributed to their commercial or self-employed occupation. Our service in our online shop is exclusively for customers who have reached the age of 18. The customer of the “aeroTEST” is hereinafter referred to as “the customer”.
(2) By commissioning the aeroTEST, accesses or use of the website, the terms and conditions of the provider apply, even if the use or access is from outside the Federal Republic of Germany. By placing an Aero test, these terms and conditions are accepted and form part of the service contract. This is only achieved by separate confirmation of the order by the offerer.
(3) The terms of business are based on the following definitions:
Using the aeroTEST, the CdA value and a predicted travel time are determined from the data sent.
Aa. The CdA value is the effective end face in the respective attitude of the cyclist with the material used in relation to the selected route.
The CdA value thus calculated is based solely on the data transmitted by the customer. The accuracy of the determined value depends, among other things, on the selected route, the wind conditions, the strength of the GPS signal and the technically correct detection of the power meter Of the third-party provider.
Bb. Travel time
The forecast travel time is a guide value calculated using current algorithms. This is based on a constant wattage and compliance with the basic wheel position and seat position. Actual deviations of these recorded parameters lead to corresponding deviations of the respective travel time on the respective competition route.
B. Test methods
The test can be carried out in two different scenarios
The customer can completely record the data of a certain competition and make it available to the supplier. Based on this data, the provider calculates a prediction of the forecast time for other routes (forecast).
Bb. “Test track”
The customer travels back on a test track selected by him for 120 seconds with constant power and directly back in the connection. The provider determines the CdA value and predicts a travel time for the competitions available in the provider’s data set. A detailed test guide for the best possible measurement can be found here.
The customer can drive the respective test track with different equipment and draw conclusions on suitable material based on the calculation of CdA- value and projected travel times.
For the execution of both scenarios of the “Aero-Test” the transfer of special data records by the customer to the provider is necessary. The data records are recorded by a power meter with a third-party GPS system. The continuous data acquisition using GPS system and power meter is to be ensured by the customer during the measurement.
Aa. Contents of the records
The data records sent by the customer contain the following data necessary to calculate the CdA value and the prognostic times:
Bb. Format of records
The data records shall be transmitted by the customer either as a “fit” file or as a “txc” file of the provider.
The supplier sends the results of the “aeroTEST” to the e-mail address stored by the customer in PDF format.
Transmission shall be understood to mean the transmission of the data records using exclusively electronic means of remote communication. The transmission is effected by means of uploading the data records by the customer to the supplier.
Cc. Data protection / processing
The data protection statement of the advertiser and can be found here.
D. Power meter / GPS signal
A power meter enables you to record the power in the selected seat position with the respective wheel equipment. The distance traveled and the speed are determined using the GPS signal.
E. System weight
In addition to the recorded data of the power meter and the GPS signal, the system weight must be communicated to the Aero test. The system weight is the combined weight of the equipment used and the weight of the customer in kilograms. (4) The provider reserves the right to change these terms and conditions, in particular as required by the necessary updates and statutory requirements. The customer has the opportunity at any time to consult the current version of the Terms and Conditions via the website www.Aerotune.com. Prior to each contract assignment, the customer is also given the opportunity to take note of the current business conditions by clicking on the relevant link during the order placement. In the course of the “click and accept” procedure, the customer confirms the acquaintance of the terms and conditions by clicking on a non-pre-filled button separately for each order assignment.
§ 2 Condition of the service contract
(1) The “aeroTEST” is paid on the website under the “Services” tab. There the customer can click in the control panel “Send and the data of your aeroTEST”. The customer is then asked to enter his / her full name, address, e-mail address and telephone number. Under the “competition” tab, the customer’s inputs to the selected bike route as well as the planned performance are recorded. A possible journey time is predicted from these inputs, the selected race track and the transmitted “fit file”.
(2) In case of doubts regarding the correctness of the input made by the customer when the order is placed, the supplier can demand proof of the particulars, in particular by submitting official documents. Until the proof of the correctness of the entered inputs, the supplier is not obliged to carry out the assigned aeroTEST.
(3) After the above data has been entered, the customer is charged with the costs by completing the payment process and the explicit click on the button “Check out with Paypal”.
(4) The customer will receive an e-mail with the CdA value as well as the expected travel time, after effective verification of the order, a confirmation of the payment, the right of revocation and the provider, after having successfully checked the transmitted data.
§ 3 Obligations of the supplier
(1) The offerer provides the offered service of the “aeroTEST”. The accessibility and availability of the website at any time is not owed by the provider. In particular due to technical maintenance work, the website and the offered service may be temporarily unavailable. Customer’s claims against the supplier do not arise from this.
(2) The provider reserves the right to change, restrict or completely cease the offered services at any time. There is no legal right of the customer to the availability of the services of the offerer at any time.
(3) After transmission of the data records in the admissible data formats the vendor undertakes to examine the data carefully. In particular, this includes checking whether the data records are undamaged and technically compatible with the evaluation software. If the transmitted data sets can not be used, the provider will, in his sole discretion, contact the customer by e-mail and ask for the transmission of new and undamaged data sets in order to repeat the “aeroTEST” free of charge. There is no legal claim for a second performance of the “aeroTEST” after transmission of incorrect data records.
(4) The Provider shall calculate the calculation of the CdA value and the prognosticated time with the latest available algorithm and check and validate the result to the best of its knowledge and belief.
§ 4 Obligations of the customer
(1) The customer is obligated to provide correct information when using the website and the offered services. This includes, in particular, the inputs which are necessary for carrying out the “aero test”. The customer must use his / her identity, the official reporting address and the relevant contact data. In particular, the use of pseudonyms and incorrect contact data is not permitted. In the case of proven erroneous information, the provider reserves the right to refuse to carry out the “aeroTEST” and to initiate any legal action.
(2) The customer undertakes to transmit only such data records as are legally authorized to be transmitted. In particular, the customer declares, when placing orders, that the data records transmitted by him may be used by him in legal transactions and that there are no third-party copyrights or usage rights in these data sets. The customer guarantees that the created data records have not been manipulated or otherwise processed by him, in particular no malicious software. Each customer can only transfer their personal data records. Transmission of third party data by a customer is not permitted. The provider is not obliged to check the data sets provided by the customer for illegal contents or infringement of third party rights.
(3) The customer will not edit or modify the website and the digital services of the provider. In particular, the customer is obligated not to decompile, modify, translate, duplicate, duplicate or carry out such or similar activities by third parties.
(4) All functions of the “aeroTEST”, the underlying software, the HTML / Java / Flash source codes, as well as photographs, graphics and contents of the website are subject to the copyright of the provider. The customer acknowledges that the downloading and use of these elements is permissible only for private purposes and in the course of the assignment within the framework of the legal regulations. Distribution, duplication, reproduction, transfer to other file formats, as well as the exploitation, distribution and publication are not permitted. The customer does not oblige the contents and functioning of the website and the “Aero-Test” to be read out by the use of computer programs.
§ 5 Prices, delivery and terms of payment
(1) The price for the performance of the “aeroTEST” shall be explicitly indicated to the customer prior to placing the order. The final price includes the statutory value-added tax and all other price components.
(2) The “Aero-Test” is sent exclusively to the e-mail address specified by the customer. It is not possible to send it by means of another means of transmission, for example by post or fax. The transmission is carried out after evaluation of the transmitted data within 5 days. The supplier carries out the evaluation after receivement of the complete data set as well as – for customers who are not consumers – expiration of the statutory period of revocation or the expressed instructions of the customer to start with the evaluation before the end of the revocation period. In the case of this express instruction, the customer looses his right of revocation.
(3) The payment will be made in advance or Paypal.
(The reason for this is that the customer must be offered reasonable methods of payment.) There are court judgments for “immediate transfer” that this is unacceptable because a third party is activated for processing and access to pin / personal data, since Paypal works similarly We also allow for bank transfers as a further means of payment which are recognized as a reasonable and current means of payment)
(4) If the payment method of payment is selected, the offerer will provide the customer with the bank details in the order confirmation. After receipt of payment the “Aero-Test” will be carried out and the test results will be sent. The invoice amount must be transferred from the customer to the provider’s account within 5 business days after receipt of the order confirmation.
(5) If the customer is in default with the payment, he is obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the respective base rate. A reminder fee of EUR 2.50 will be charged for each reminder sent by the supplier, which will be sent after the delay of the customer, if the customer can not prove a lower loss.
§ 6 Offsetting and Right of Retention
(1) The customer is entitled to a set-off right if the counter-claim has been legally established or is not disputed by the supplier.
(2) The customer can only exercise a right of retention, insofar as his counterclaim is based on the same contractual relationship.
§ 7 Warranty
(1) The information, software content and services contained on the website of the provider are provided without guarantee and claim to correct content. In particular, the provider does not guarantee the technical compatibility of the website and the “Aero-Test” with the hardware and software used by the customer. The calculated CdA values and time prognoses are merely approximations. The provider does not accept any guarantee that these are actually achieved on the respective competition.
(2) In addition, the statutory provisions on warranties of warranties and limitations shall apply.
§ 8 Liability
(1) The provider is not liable for any damages resulting from transmission disturbances, performance disturbances or other disturbances of the website, if the company is not responsible for them or if these measures, which are intended for maintenance and further development of the website, are in particular maintenance work. The provider accepts no liability for the availability of the website and the “aero-test”, as well as for system-related failures, interruptions and disturbances of the technical facilities and the service of the provider. In particular, the company is not liable in particular for the disruption of quality and access due to force majeure or due to events which are not the fault of the company, in particular the failure of communication networks and gateways.
(2) The provider does not assume any guarantee for the data records and errors contained by the customer. If a test can not be carried out solely because of the defectiveness of the data supplied by the customer without a circumstance contributed by the supplier, the provider can still demand a proportion of the compensation corresponding to the work performed. Any further liability of the customer remains unaffected.
(3) Exclusion of warranty is not possible in case of intent and gross negligence on the part of the supplier in relation to the service provided. The Provider shall be liable for slight negligence in case of damages resulting from injury to life, body and health of persons.
(4) The following limited liability applies: In case of slight negligence, the supplier is liable in the event of a breach of a fundamental contractual obligation, the fulfillment of which allows the proper execution of the contract at first and on which the customer may regularly rely. The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of the contract, which must typically be expected. This limitation of liability also applies to the supplier’s fulfillment aid.
§ 9 Final provisions
(1) Provider of the services is the Aerotune GmbH, Lise-Meitner-Str. 2, 24941 Flensburg (registered with the District Court Flensburg, commercial register number: HRB 12004 FL. The managing director is Mr. Sebastian Schluricke.
(2) For these general terms of business and the legal relations between the offerer and the customer the law of the Federal Republic of Germany applies under exclusion of German collision law. The applicability of mandatory norms of the state in which the customer is habitually resident upon conclusion of the contract remains unaffected.
(3) Exclusive jurisdiction for all legal disputes arising from the contract shall be Flensburg, provided that the customer is a merchant, a legal person of public law or a public special fund or if the customer has no court of jurisdiction in the Federal Republic of Germany.
§ 10 Cancellation Notice
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Aerotune GmbH, Lise-Meitner-Str. 2, 24941 Flensburg) of your decision to revoke this agreement by means of a clear statement (for example, a letter, fax or e-mail).
You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay back all your payments made to us, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for repayment fees.
If you have requested that the service be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contracts comparison with the total scope of the services provided for in this contract.
– End of cancellation notice –
Model withdrawal form
(If you want to revoke your contract, please fill out this form and return it.)
To [insert the name, the address and, where applicable, the fax number and e-mail address of the company]
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)