Terms and Condition
Terms and conditions of HOBBYFLY for online purchases by consumers and store information concerning the On-line pursuant to § 312 c BGB in conjunction with Article 246 § § 1 and 2 draft Law
Subject matter of the terms and conditions is to regulate the terms and conditions of all contracts by HOBBYFLY Ltd., HOBBYFLY with the users of the online stores that are closed on the online shop as well as contracts that come differently by telephone or in writing form. The acceptance and execution of orders for our products are exclusively subject to these Terms and Conditions. The general terms and conditions of the HOBBYFLY in force at the time of the contract shall apply. Deviations from the Terms and made verbally agreements are effective only upon prior written approval by the HOBBYFLY. Without written confirmation they are for the HOBBYFLY ineffective even if not expressly objected to the HOBBYFLY. Automatically generated e-mails are not a confirmation of any deviations from the terms and conditions represent With the order terms and conditions apply to be accepted. All prices offered in the online store is exclusively for our online sale. Please note that other offers or shop prices can be different.
1. First Scope of Terms; Purchase contract
These Terms and Conditions shall apply for all claims and in connection with a contract between private customer / consumers and the seller in this shop at the time of contract conclusion.
1.2 Agreement Partners
The partner of the contract are solely the seller and the ordering customer (hereinafter referred to as customer or buyer), that;
a) Must be at least 18 years old.
b) Must be legal persons,
with each resident and domiciled in the Federal Republic of Germany, a member state of the European Union or Switzerland.
If any of requirements above is not given, this condition is not valid.
1.3 shipping outside the EU
Credit card for orders and shipments from outside of EU except USA is not accepted.
2. Conclusion and terms of the contract
2.1 Ordering process and offers
The product offers on the internet shop are subject to be changed without notice and are not offers in legal sense. We keep reserving our rights for price Error and typing mistakes without further notice. Special offers for a time frame will be marked and noted. Sample pictures which show’s in the website can be differing from the shipped product. The products selected by the customer are combined in a virtual shopping cart. Up to sending the order by clicking the "Buy Now" Bottom the contents/products of the shopping card as well as the customer data (such as name, address, delivery address if applicable, etc.) can be corrected/changed at any time. Only after click the bottom “Buy Now” the offer(s) being a binding order. Hereafter HOBBYFLY sends the buyer a List of ordered products. This “order list” is not an Order Confirmation or a binding contract between partners)
1) The customer's order is being binding offer after HOBBYFLY accept within one week by sending an order confirmation or delivery of the goods. Previous offers by HOBBYFLY are subject to change.
2) Electronically Customer orders are subjected to this contract as well as these Terms and Conditions. Contract, terms and conditions can be resend by E-Mail according customer request.
3) All illustrations, drawings, calculations and other documents HOBBYFLY reserves the right to property and copyrights. This also applies to written documents that are considered confidential. Passing them to third parties can be only by HOBBYFLY permission in a written form.
2.2 Confirmation by the seller
Following the order process, HOBBYFLY send the buyer a List of ordered products which confirm the reception of the order by HOBBYFLY. This “order list” is not an Order Confirmation or a binding contract between partners.
2.3 Acceptance by the Seller
The contract is binding with receiving the goods or if the order conformation is sends in between 5 days. With the sending of the ordered goods or previously concluded when the customer receives an order confirmation.
The purchase price is binding. For consumers, the VAT is included.
For entrepreneurs, HOBBYFLY is only at net prices. VAT is therefore not included in the prices, it is at the legal rate on the date of invoice shall be indicated separately in the invoice.
If the customer is a consumer, price changes are allowed if between contract and the agreed delivery more than four months. Change thereafter until delivery, wages or the cost of materials, the HOBBYFLY has the right to change the price accordingly to the cost increase and the cost reduction. The customer is entitled to withdraw only if a price increase to the increase in the general cost of living between order and delivery only slightly exceeds.
If the customer is an entrepreneur, the agreed price is fixed. If price has increased at the time of value performance by a change in the market price or by increasing the involved third parties provision the higher price is valid. If the is 20% or more above the agreed price, the customer has the right to cancel the contract. This right must be exercised immediately after notification of the price increase.
The total compensation has to be paid within ten days of receipt of goods and without discount, unless otherwise agreed. The legal rules governing the consequences of default.
Off rights to the customer only if his counterclaims have been legally established, undisputed or recognized by the HOBBYFLY. For entrepreneurs, it is the exercise of retention only if his counterclaim is based on the same contractual relationship.
2.4 Availability of contractual terms
The seller will provide the customer with the acknowledgment of the Terms and Conditions as well as other data on the order (such as products, prices, quantities, etc.) in written form. The customer also has the option to retrieve the current conditions under www.hobbyfly.de.
2.5 Performance time
Given delivery time by HOBBYFLY as basis for the award of the contract will be extended due to reasons like strike, acts of God, during the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate.
For entrepreneurs, it is - as long as the order confirmation states otherwise – EX for delivery agreed.
Rights of Withdrawal and consequences
3.1 Rights of Withdrawal
You have ability to cancel your contract within 14 days without giving reasons in written form (eg letter, fax, email) or by revoked of goods before the deadline expires. The period begins upon receipt of this notification in writing, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation or the goods. The revocation must be sent to:
51427 Bergisch Gladbach
Tel: 0 2204 5841 068
In case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits) or in part, or not to return only in deteriorated condition or issue, you will be obliged to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, as it is possible and common in a shop. Transportable items are to be returned at our risk. You have to bear the cost for return if the delivered goods are according to the ordered one and if the price of returned goods has an amount not exceeding 40 Euros or if you are at a higher price the thing at the time of the revocation yet the return or a having given part payment. Otherwise the return is free for you.
Parcels with oversize and not able to send as parcel will be pick up by use. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of withdrawal
4. Characteristics and quality of the products in the online shop
As far as the products offered in our online store products are illustrated by pictures, they can in addition to the core product and other objects (such as accessories and decorative elements) represent. These items are not part of the product and are not the subject of the order. In addition, figures also represent examples of products and not the actual product itself, in which case the figure is marked accordingly. With respect to the nature of the products in any case is only the product description.
5. Prices, cost of return in case of withdrawal
5.1 Pickup Prices
Internet shop prices is the final price including VAT and packaging costs, unless a pickup of products ordered by the seller ("Pick up prices"). The product can not be collected from the seller; the seller will inform the customer on this (usually in the product description).
5.2 Shipping Prices, mounting costs
“Pick up prices” does not include the price for shipping cost. An overview of the shipping cost is available under "Shipping and return". The specific shipping cost for the order is shown to the customer before his appointment as part of the ordering process according to the following paragraph 3.
5.3 Summary of the total price as part of the ordering process
As part of the ordering process, the customer receives before sending the order a list with details of the total price of the order.
5.4 Costs of return in case of withdrawal
In case of cancellation by the customer he has to bear the costs of returning the products if the products supplied comply with the ordered and if the price of the products in the sum does not exceed 40 Euros, or if the customer is higher in a Price of the item at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the seller bears the cost of the return.
5.5 Liability for defects
1) If the customer is a consumer HOBBYFLY is liable in case of defects in accordance with statutory provisions, insofar as there are no limitations in what follows. The consumer has obvious defects HOBBYFLY towards writing within two weeks after the occurrence of the defect. If not, the display within the above-specified period of warranty. This does not apply if HOBBYFLY fraudulently concealed the defect or has provided a guarantee for the condition of the item.
2) For entrepreneurs, HOBBYFLY reserves in case of defects before choosing the type of remedy.
3) If the customer is a consumer, the period of warranty for the supply of new goods is two years from delivery of used goods a year. The period begins with the transfer of risk. This does not apply if they are claims for damages for defects. For damages due to a defect § 7 applies
4) If the customer is a company there is always one year warranty. The limitation period in case of recourse according to §§ 478, 479 BGB is unaffected. This does not apply if they are claims for damages due to defects. For damages due to a defect § 7 applies
5) Guarantees according to law customer not held by HOBBYFLY.
6. Payments by the customer; retention
6.1 Offers Payment Options
The customer can pay the purchase price by Cash on Delivery (COD), credit card, PayPal or bank transfer. The seller reserves the right to certain methods of payment in individual cases offer.
6.2 Payment Default
If the customer is in default of payment, the seller is entitled to interest at the rate of 5% above that of the European Central Bank base rate to demand from the start delay. Creates the seller demonstrated a greater loss by the delay in payment; he is entitled to claim it.
6.3 Retention of title
1) In contracts with consumers HOBBYFLY retains the title to the purchased goods until full payment of the purchase price.
2) For entrepreneurs, HOBBYFLY retains title to the goods until all claims against the customer, even if the specific goods have already been paid.
3) Any execution activities in the reserved goods, the customer HOBBYFLY shall forthwith by submitting the necessary documents for an intervention; this shall also infringements of any other article of which the customer has been third party beforehand as existing on to the goods Rights noted. If the customer is an entrepreneur, he has to bear the costs of an intervention by HOBBYFLY if the other party is not able to reimburse them.
4) If the customer is an entrepreneur, he does HOBBYFLY in the case of a resale / rental of reserve goods until all our claims from which may result from the transactions mentioned claims against its customers to secure. Through the processing of the goods, their remodeling or connection with another case HOBBYFLYacquires direct ownership of the produced matter. This is considered as reserved goods.
5) If the value of securing our claims against the Purchaser by more than 20%, HOBBYFLY has released on the customer's request and at the discretion of the HOBBYFLY securities entitled to a corresponding extent.
7. Special features for payment on account
7.1 Ceiling by initial order on account
If the customer orders products for the first time on account, there is a limit in the amount of 3.000,00 Euro, to which the purchase is possible on account. Are there still outstanding amounts from previous orders of the customers, these are taken into account.
7.2 Exclusion of payment on account
An order with payment on account is only possible for commercial dealers after consultation.
7.3 Indicative in payment on account
The balance is due upon receipt of invoice, even though at this point, no delivery or collection is made.
7.4 Costs in payment on account
The seller collects for the cash on delivery, a separate fee of EUR 7,-. The customer will be informed before the order is shipped if the fee accrues.
8. Delivery by Seller
8.1 Delivery Address
The shipping of the ordered products is made to the customer shipping address given. The seller will ask if a third party with the shipping of the ordered products.
8.2 Delivery Times
The Internet shop where applicable, advice on product availability and estimated delivery times are contained in the respective product. These data are indicative. Shippable products are delivered without notice.
8.3 Eligibility for partial delivery
The seller is entitled to partial deliveries and partial performances at any time, if this is acceptable to the customer.
The seller guarantees to the legal requirements to ensure.
10. Liability of the seller
10.1 Liability for intent and gross negligence.
The liability of the HOBBYFLY for breaches of contract and in tort is limited to intent and gross negligence. This does not apply to injury to life, limb or health of the client, any claims of infringement of cardinal obligations, i.e. of obligations arising from the nature of the contract and the breach of the purpose of the contract is at risk as well as the replacement of delay damages (§ 286 BGB). Insofar HOBBYFLY is liable for any degree of fault.
10.2 Liability for slight negligence
The above disclaimer also applies for negligent breach of duty of the agents of HOBBYFLY.
If the liability for damages that are not based on injury to life, limb or health of the customer is not for slight negligence, such claims shall starting within a year with the creation of the claim or claims for damages due to a defect of the time the thing .
10.3 Liability for product liability law
Unaffected by the preceding paragraphs, the liability under the Product Liability Act.
In the collection, processing and use of personal data, the seller noted the privacy laws. Further details are provided in the Privacy Statement on the internet shop.
12. Contract language, Applicable Law
12.1 Contract Language
Contract language is German.
12.2 Applicability of German law, performance, applicable law and jurisdiction.
Unless the contract states otherwise, performance and payment is the registered office of the HOBBYFLY. The statutory provisions on the jurisdiction remain unaffected, if not from the special paragraph 3 otherwise.
This contract is the law of the Federal Republic of Germany, the applicability of the CISG is excluded. This does not apply if special consumer protection rules in the home country of the customers are more favorable (Article 6 of Regulation (EC) 593/2008).
The exclusive jurisdiction for contracts with merchants, legal persons under public law or public law special fund competent for the office of HOBBYFLY court.
If the customer has no general jurisdiction in Germany or in another EU Member State, the exclusive jurisdictions for all disputes arising from this contract the business of HOBBYFLY
13. EU Online Dispute Plattform
In accordens to EU-Law herewith you find the Link and nesacery company informations.
51427 Bergisch Gladbach
14. Severability clause
If any provision of these Terms and Conditions or partially invalid, the remainder of the contract will remain valid.
15. The form of statements
Relevant statements and notices to the customer compared to HOBBYFLY or a third party has to give, require the written form.
The claims of HOBBYFLY to pay barred notwithstanding § 195 BGB in five years. On the commencement of the limitation period applies to § 199 BGB.