We (hereinafter: the "Operator") sell products and services to end customers in different legal ways. Depending on the subject matter of the contract -- i.e. the product and/or service to be purchased -- you (hereinafter: the "Seller") either conclude a contract with the Operator that allows the Operator to subsequently sell the relevant products and/or services to the end customers of the Operator in the Operator’s own name (hereinafter: "Proprietary Business") or the Operator acts as a proxy for each product and/or service and mediates a contract between the Seller and the end customer (hereinafter: "Proxy Business"). The following provisions only regulate Proxy Business; regulations for Proprietary Business should be agreed separately between the Seller and the Operator and are not the subject of these terms and conditions. When the Seller opens a Seller Account, a contractual relationship is established between the Seller and the Operator, with the following content.

1. The Seller may propose software and/or hardware products to the Operator for sale on the platform simmarket.com (hereinafter: "the Platform"). The Seller can do this periodically by submitting the following information, among other things, to the Operator through the Seller’s simMarket sales account: upload of product files; product description including screenshots or photos; net sales price of the product on the Platform.

2. If the Seller proposes a product to the Operator, the Operator will draft a product page for integration into the Platform and send the Seller a copy of this page (or a link to it) for approval. By approving the product page drafted by the Operator, the Seller agrees that the Operator is entitled to publish this page with its proposed content live on simmarket.com.

3. By approving a product page, the Seller agrees the following:

3.1 The Operator is authorised to offer the product on the Platform for download, or in the case of hardware for purchase, on behalf of the Seller and for the account of the Seller. This right is not geographically restricted, i.e. the product may be purchased by end customers worldwide, regardless of their place of residence. For the avoidance of doubt, the parties explicitly agree that the Operator is not obligated to offer the product at all or in any specific way. Accordingly, the Operator may decide on the positioning of the product on the Platform and the advertising of the product in advertising measures such as newsletters at all times and at the Operator’s own discretion. The Operator may also remove the product from the product range and/or temporarily or permanently discontinue the operation of the Platform as a whole at any time, for example due to maintenance work or technical faults.

3.2 Any contract with an end customer who downloads or orders a product via the Platform is concluded exclusively between the end customer and the Seller. The Operator merely facilitates the conclusion of this contract by presenting the product on the Platform and offering the possibility to download or order. The contract with the end customer is concluded when the end customer places the product in Platform’s shopping cart and completes the ordering process of the Platform implemented by the Operator. The Seller grants the Operator any legal powers required to conclude the contract. Please refer to Subsection 3.5 for special provisions concerning Value Added Tax (VAT).

3.3 The Seller acknowledges that, in accordance with the mandatory statutory provisions, the end customer may under certain circumstances be entitled to revoke the contract concluded between the end customer and the Seller. If an end customer exercises this right of cancellation and must therefore be refunded, the Seller shall be primarily responsible for doing so. However, if the end customer demands return of the payment from the Operator, the operator is entitled to satisfy this demand for the account of the Seller. In this case, the Operator is then entitled to deduct the corresponding amount owed by the Seller, as well as any bank processing fees, from outstanding payments to the Seller arising from other transactions. If there are no such payments at the relevant point in time, the Seller must reimburse the corresponding amount in cash.

3.4 The price at which the Seller offers the product on the Platform shall be determined by the Seller alone. However, the net price may not be less than €5. The Seller is entitled to change the price at any time on the Seller’s simMarket sales account.

3.5 Notwithstanding Subsection 3.2, simMarket and not the Seller shall be deemed the contractual partner for VAT purposes when the end customer of the software download is a service recipient resident in the EU. In cases where simMarket is considered the contractual partner for VAT purposes, simMarket shall be responsible for submitting the VAT incurred on the end customer’s payment.

4. The Seller agrees that the contract with the end customer shall be governed by German law and, if applicable, that the place of jurisdiction shall be Germany. However, the Operator does not guarantee that this agreement will have legal effect in all cases; in particular, specifying the place of jurisdiction may be inadmissible for legal reasons, foreign legal norms may claim precedence despite such a specification, or the specification may generally fail to apply in certain cases.

4.1 In addition, the Seller agrees that the concluded contract shall include general terms and conditions that the Operator may specify at the Operator’s own discretion and is entitled to change at any time. The general terms and conditions for end customers currently specified by the Operator can be viewed at simmarket.com.

5. Warranty claims and other claims arising from the contract concluded between the end customer and the Seller via the platform shall be fulfilled exclusively by the Seller. The Seller undertakes to indemnify the Operator from all claims and reimburse the Operator for all damages and costs incurred by the Operator as a result of claims made by end customers arising from contracts concluded for the Seller’s products via the platform.

6. The Operator collects the payment for the Seller’s product from the end customer on behalf of the Seller. In this respect, the Operator is authorized to accept payments on behalf of the Seller. The Operator shall regularly settle any payments accepted on behalf of the Seller in accordance with the provisions of Section 9 below. The Operator is entitled to deduct any commission to which the Operator is entitled from the corresponding amount.

7. Regardless of the legal grounds, the Operator shall only be liable for damages caused by the Operator’s employees and vicarious agents if these damages occurred intentionally, through gross negligence, or, in the event of a breach of a material contractual obligation, through simple negligence. A material contractual obligation is any obligation whose fulfilment enables the proper execution of the contract and on whose observance the Seller relies or may rely as a matter of course.

7.1 In case of simple or gross negligence under Section 7, the liability shall be limited to typical damages that were foreseeable at the time of the conclusion of the contractor at the time of the breach of duty.

7.2 The liability of the Operator arising from the violation of an expressly granted guarantee, any damages under the Product Liability Act (ProdHaftG), or any injury to life, body or health remains unaffected.

7.3 In the event of a loss of data, the Operator’s liability under Section 7 shall be limited to the typical restoration costs that would arise if risk-appropriate backup copies were regularly created.

7.4 The Operator is not liable to the Seller for the fulfilment of the payment obligations of the end customer. In particular, in cases where an end customer has paid by credit card or with an online payment service and the payment is subsequently reversed, the Operator is not obligated to make a payment to the Seller. If the Operator has already paid out the end customer’s original payment to the Seller, the Seller is obligated to refund the payment. The Operator may instead choose to deduct the refundable amount from outstanding payments to the Seller arising from other transactions. The Seller shall reimburse the Operator for any costs incurred by the Operator due to the cancellation of a payment by the end customer; the previous sentence also applies to this provision.

8 The Operator shall receive a commission for all transactions involving the Seller’s products that are concluded via the Platform. The amount of the commission depends on the remuneration and marketing model selected by the Seller ("Commission Plan"). The applicable commission rates are shown in an overview that can be displayed.

8.1 The commission shall be calculated on the basis of the net amount invoiced to the customer for the Seller’s product (excluding VAT).

8.2 The claim for payment of the commission arises as soon as and to the extent that the end customer makes the payment for the transaction that gives rise to the commission.

9. For each calendar month, at the latest by the last day of the following month, the Operator shall issue a statement of the transactions involving the Seller’s products that were completed during that month, as well as the commission claims that are due. To do this, a link to an online statement can be sent to the Seller by email. In general, the monthly statement is available to be viewed in the simMarket sales account. The Seller must review the statement without delay and raise any objections to the Operator within one month of the statement’s issuance at the latest;otherwise, the statement is considered to have been accepted. The commission is due once the statement has been issued. The payments accepted by the Operator from end customers on behalf of the Seller shall be paid out by the Operator - less any amounts due to the Operator - to the Seller within one week of the statement. Any transfer fees incurred shall be borne by the Seller.

10. The contractual relationship between the Operator and the Seller is not exclusive. The Seller is free to market the product in other ways. Conversely, the Operator is free to market similar and competing products from other providers via the Platform.

11. The Seller guarantees that the products proposed by the Seller for marketing on the Platform are free of third-party rights and that the Seller is entitled to sell them worldwide. The Seller undertakes to indemnify the Operator on first request from any claim and reimburse the Operator for all damages and costs incurred by the Operator as a result of end customers or other third parties asserting claims against the Operator due to an alleged defect of title and/or an alleged violation of rights in connection with a product offered by the Seller. For hardware, the same applies to claims against the Operator concerning product liability.

12. The Seller undertakes to keep all files associated with products offered on the Platform available at all times or, in the case of hardware, to ensure their constant availability. The Seller must inform the Operator of any restrictions immediately after they become apparent to the Seller.

13. The contractual relationship between the Operator and the Seller is established for an indefinite period of time. Both parties are entitled to terminate the relationship at any time without notice. Any termination must be made in writing.

13.1 After termination of the contract, the Operator will no longer offer the Seller’s products on the platform. The validity of transactions concluded before the termination of the contract shall remain unaffected. The authorisation granted to the Seller to retain and offset payments shall also remain in force until all claims against the Seller have been settled.

13.2 The contractual relationship between the Operator and the Seller is subject to German law to the exclusion of the provisions of international private law. UN sales law does not apply. The place of performance for all contractual obligations and - insofar as no other exclusive jurisdiction exists by law - the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Operator; however, the Operator may also choose to initiate legal proceedings against the Seller at any legal place of jurisdiction.

These "Terms and conditions for the sale of products via simMarket" exist in an English version and in a German version. The English version serves as a convenience translation while the German version is legally binding.


14.MAY.2020
Customer Reviews
JUSTSIM - RHODES INTERNATIONAL AIRPORT DIAGORAS MSFS
Jacob
Looks really great. But PLEASE remove the 2d trees it looks so bad please remove these......
SIMBITWORLD - A PILOT'S LIFE
Jay
Reason for flying in flight simulator.. Good job.. Need some update for airline and ICAO airport code..
INDIAFOXTECHO - MB-339 - MSFS
Willard
Amazing jet, my only complaint would be is the max speed which is around 300 knots.
INDIAFOXTECHO - MB-339 - MSFS
Sean
Awesome addition to MSFS2020. Lets you fly fast and still have really good control of the aircraft.
INDIAFOXTECHO - MB-339 - MSFS
Richard
For early-days MSFS, it's *such* a winner...love it! :)
INDIAFOXTECHO - LONG EZ - MSFS
john
Wow, i REALLY love the aircraft. Well, except for just one little thing... my BRAKES don't work. If i can get those working, i'll give it an EASY 5 stars.
INDIAFOXTECHO - MB-339 - MSFS
Rostyslav
It bring new way of excitement to this sim! Love attention to details and best ever livery template file. Well done, and waiting for better SDK for pro version
MP SCENERY - FAZENDA PORUÍNA - SJHH MSFS
Orkut
Very good texture quality and fun to land in here for bush adventures.
FSXCENERY - MPDA ENRIQUE MALEK INTERNATIONAL AIRPORT FSX P3D
Jeff
P3D 4.5: Lights poles on the approach end of the runway. Highway sign textures are black. Contacted Fernando for assistance. He provided a fast response. Still could not correct the black sign issue. Sort of left hanging with the issue unresolved.
INDIAFOXTECHO - MB-339 - MSFS
Lucas
I don't have much to say about it, it looks good, it flies good, it sounds... acceptable. Overall good for the price. The only major issue I have with this model is the lack of in-game checklists, I know about the manual but in-game checklists is, in my opinion, the best new feature of this simulator and is great for newcomers. It's something that payware aircrafts developpers should stop ignoring.
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