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
AUSCENE 2 - ADELAIDE INTERNATIONAL X V2.1 FSX P3D
Lee
This is an UPDATE to my earlier review of 1st August 2020 - I have been contacted by the Developer to say that they have now added SODE Jetways for GSX users which is excellent! They also appear to have been having complaints about the scenery due to my review. I will state and reiterate again - YOUR RESULTS MAY VARY! But most if not ALL airport sceneries are layered ABOVE everything default (Layer 1 descending). So Adelaide could easily be layered at the top (1) and all should be well. But in doing this, on my system, much of the scenery disappeared! My advice is to install the product and allow it to add to the library and then test the scenery. If you do not see the treeline surrounding the airport or do not see the patchy, grassy airport environs and are greeted by a bland light brown tarmac, then this has happened to you! Just change the scenery layer and it should all be fine. Lee James - 05 AUG 2020
FSXCENERY - KSYR SYRACUSE HANCOCK INTERNATIONAL AIRPORT FSX P3D
Andrew
First of all, I would like to thank the developer for the Syracuse Hancock Airport. I feel deeply connected to Syracuse and finger lakes area, so I'm glad I can make few flights to and from this airport. Howev-
er. Just like one of the pilots before me, I think, the price for the quality if too much. I know, the airport has been released some years back, but I had to spend another 5-6 hours working on afcad file (adjusting gates, adding missing airbridges, hazard lights and also apron lights, as these do not show in my sim for some reason). I visited Hancock airport in late Autumn of 2019 during snow blizzards so I was hoping, come winter, I will be able to do some nice winter flights only to discover, that the ground textures are for summer time only! So in order to do winter flights, I had to remove some of the original files and work on landclass from scratch. Not something I was expecting to do after paying for the airport. So, all in all, I took one star for afcad I had to adjust, one for land class I had to do myself and one for lack of winter textures.
PREALSOFT - HD CITIES VIENNA FSX P3D
Douglas
This is a follow up on Vienna and how the developer responded. Although a fix was attempted to make this airport right the developer ran into some issues that were beyond their control, so they did the best they could. The developer was very apologetic and made me the customer a generous gesture, they are not bad guys they just ran into an issue beyond their control. I have almost every one of their sceneries and I can tell you they are not bad. As far as Vienna goes what they offer is still much better than default, so give these guys support, they all work hard. The rating given is for the great response from Prealsoft
RICHER SIMULATIONS - CARIBSKY: TBPB 2020 FSX P3D
Bernhard
This is a very nice scenery and necessary for the Caribean to fly. Even if this is published as "P3Dv4" there is a possibility to get this into P3Dv5 with the help of the developer - update for the config-tool needed and a patch. This all is handled in less than 10 hours. Thumbs up !
HUEYTUNING - PAF890SAR FSX P3D
Simon
This is a very short review of the excellent PAF890SAR repaint. I tried the paint kit by myself, but I wasted 2 weeks of time and at least 60 hours searching for any parts and could not find them. Finally, I gave it up. Designing a white repaint is anyway the hardest task. This pay ware repaint is worlds better than all the default and freeware repaints ever made for the Milviz Huey Uh-1h. I’ve made the effort and was comparing it with MILVIZ default USAF Rescue repaint. Here are just a few details that shows the skills of the artist. 1. The yellow stripe with the registration 66890 and the two blue stripes are designed very exactly around the tail fin. On the default USAF Rescue repaint, the black stripe at the tail fin was only mirrored and looks very loveless. 2.Th-
e PAF890SAR repaint is the only repaint where the landing skids are colored in another separate black tone. 3. It is also very striking that the antenna on the roof is painted in white. 4. The yellow ribbon and every single letter from the vertical lettering has been perfectly adapted to the shape of the body, (that’s a masterpiece) 5-
. Additional maintenance levels have been incorporated with lovely details. 6.The Rescue Angel and the Huey 2 stickers are razor sharp even in highest zoom level. I’m definitely thrilled with the great implementation of this Philippine Air Force rescue helicopter. I will definitely buy the other two repaints. The price may seem a bit expensive at first glance, but hey, try the paint kit yourself and you will quickly realize this PAF890SAR repaint is a masterpiece No doubt, five stars!
TROPICALSIM-2 - SÃO JORGE LPSJ 2019 FSX P3D
nassim
Nice scenery with a lot of details they have made a lot of efforts, keep up the good work!
PREALSOFT - HD CITIES VIENNA FSX P3D
Douglas
Buyer Beware this scenery has problems and the developer states there is "No Fix" on their end for this. The color of the land class is very washed out and the ground, (land class) loads as you fly directly in front of your plane; it is very annoying and looks and performs bad. How he is allowed to continue to sale this is beyond me!
ANTS AIRPLANES - TIGER MOTH PRO FSX P3D
David
Outstanding on all counts! The detail and physical characteristics are top notch. If you own just one classic biplane type make this one a top candidate. No, it’s not fast but it’s nimble and still capable of some aerobatics as long as you keep your load as low as possible. The “complete auto start” goes through all of the start up procedure pieces in detail. You could change that to a quick start (cntl E) or just set it to force a full manual start up. This plane has many little tidbits and added details from voice changes, to wear and tear tracking. Eventually your plane will need maintenance (if enabled) and yo7 will need to complete those maintenance tasks or suffer problems or failures. You get a lot more than bargained for here. Runs great with medium hi graphics settings at full realism on my 512 integrated graphics, Steam edition, even with intense weather settings while flying in add on scenery. Great for sight seeing VFR conditions
CENTRALSIM - SABE AEROPARQUE JORGE NEWBERY - BUENOS AIRES FSX P3D3
JR
Muy buen escenario lástima que falten los edificios de la zona militar, reemplazados por unas vallas. Very good pity that the buildings of the military zone are missing, replaced by fences.
ELIAS STASSINOS - PTTBUDDY
Sergiy
A very good product. Works nicely, as advertised, with Vpilot. Reasonable price. One advice - to develop more detailed, step by step, written instructions of how to set it up. Overall- 5 star product
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