By submitting your order, you agree to be bound by our Terms and Conditions.
General Terms and Conditions of Nicolas Maier Fly-Zone
Nicolas Maier Fly-Zone
Tel.: +49 (0) 175 623 70 66
§ 1 Basic Provisions
1. The following terms and conditions apply for all contracts between Nicolas Maier Fly-Zone – hereinafter referred to as ‘the Provider’ – and the Customer, concluded via the Provider’s online shop.
2. Different and/or supplementary agreements require the express consent of Nicolas Maier Fly-Zone. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is rejected.
3. In the context of the following regulations, a customer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor independent professional occupation. A business entity is any natural or legal person or a partnership possessing legal personality which acts in the exercise of its commercial or independent professional activities by entering into a legal transaction.
4. The contract language is German. The contract text will be stored with the provider. The storage is, however, only temporary. The customer is therefore responsible for providing a printout or separate storage.
5. By submitting your order, you agree to be bound by our Terms and Conditions.
§ 2 Object of Agreement
This contract governs the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and additional information on the Provider’s website.
§ 3 Conclusion of the Contract
1. The Provider’s range of goods on the Internet does not represent a binding offer for the conclusion of a sale contract, rather an invitation to submit an order (purchase offer made by the customer). Customers may make their purchase offers by telephone, in writing, by fax, by email or via the online ordering system.
2. It should be noted when purchasing through the online shopping system: The goods intended for purchase are stored in the “shopping basket”. By selecting the appropriate button in the navigation bar, the customer can call up the “shopping basket” and then make changes at any time. After calling up the “Checkout” page and entering personal data, all of the order details are shown again as well as the payment and shipping terms. Before submitting the order, the customer has the opportunity to check all of the details again and to make changes (also by using the Internet browser’s “back” button) or to cancel the purchase. By submitting the order using the appropriate button, the customer makes a binding offer to the Provider. The customer will then receive an automatic email about the receipt of his order. This email does not yet lead to the conclusion of a contract.
The use of accepted instant payment types by the customer, despite purchase price and/or payment, does not yet lead to the conclusion of a contract. The customer will receive confirmation of the acceptance of the offer (and with it the contract) in all cases in written form (eg. email) in which the processing of the order or the sending of the goods will be confirmed or by delivery of the goods.
3. Should the customer receive no order confirmation, no notice of shipment and/or no goods within 5 days, he is no longer bound by his order. In this case, services already rendered will be immediately refunded where appropriate.
4. Upon request, the Provider will make the customer an individual offer that is sent to the customer in writing and which the Provider will honour for 7 days. The customer accepts the offer with confirmation in writing.
§ 4 Prices, Shipping Costs
1. The prices quoted in the respective offers represent final prices. They include all price components including all applicable taxes. The respective value added tax is shown separately for each product.
2. The additional shipping costs are not included in purchase price. They are accessible via the “Payment & Shipping” page, are shown during the ordering process separately, and are payable in addition by the customer, insofar as free shipping has not been confirmed.
§ 5 Payment and Delivery Conditions
1. The terms of payment can be found under the “Payment & Shipping” button in the navigation bar.
2. For existing customers, goods that are in stock will be sent for delivery within two business days of the order being placed. For new customers, the goods will be sent for delivery promptly after receipt of the invoice amount to our account should the ‘prepayment’ option be selected. Should ‘cash on delivery’ be selected as the payment method, we will dispatch within 2 working days of receiving the order. For goods that are not in stock, the delivery time can be up to two weeks after receiving the order.
3. Partial deliveries shall be admissible, insofar as it is not recognisable that the customer has no interest in partial deliveries or it is not recognisable that it is unreasonable to make such deliveries. Transport and packaging costs will be charged only once in such cases.
4. Should a product ordered by the customer be unexpectedly unavailable due to a reason that is not the fault of the Provider, despite the timely completion of an adequate coverage transaction, the customer will be informed immediately about the unavailability and, in case of cancellation, be immediately refunded payments already made.
5. If the customer is the consumer, the risk of accidental loss and accidental deterioration of the goods during shipment is first assumed by the customer upon delivery of the goods by the contracted delivery company.
6. If the customer is not the consumer, the delivery and shipping takes place at his own risk.
§ 6 Instructions on Right of Withdrawal for Consumers
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Nicolas Maier Fly-Zone, Liebigstraße 3a, D-79618 Rheinfelden, Tel.: +49 (0)152 010 260 64, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can electronically fill in and submit a withdrawal form or any other unequivocal statement on our website https://www.fly-zone.net/rueckgabe.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the information on the right of withdrawal
§ 7 Warranty
1. The statutory provisions apply.
2. For used goods, the warranty period is, unlike the statutory regulations, one year from the delivery of the goods. The one year warranty period does not apply to damages attributable to the Provider for injury to life, limb or health, and damages caused by gross negligence or intentionally caused damages and/or malicious intent on the part of the Provider, as well as when recourse is made pursuant to §§ 478, 479 BGB (German Civil Code).
3. Insofar as the customer is a business entity, then the following applies in deviation from para. 1:
a) The nature or quality of the goods shall be deemed agreed upon solely according to the details given by the Provider and the manufacturer’s product description but not, however, any other advertising, public promotion or statements made by the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention for deviations of quality and quantity, and to inform the Provider in writing of obvious defects within 7 days of receipt of the goods; the timely dispatch of such notification shall suffice for compliance with this deadline. This deadline also applies to concealed defects from the time of their discovery. Asserting warranty claims is excluded if the duty to inspect goods and to give notice of defects is not complied with.
c) In case of defects the supplier shall, at its own discretion, carry out repairs or deliver a replacement. If the repair fails twice, the customer can demand either a reduction or withdraw from the contract. In the case of repair, the Provider shall not bear the increased costs that arise from the shipment of goods to a location other than the place of fulfilment, insofar as this shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from the date of delivery. The shortened warranty period does not apply to damages attributable to the Provider for injury to life, limb or health, and damages caused by gross negligence or intentionally caused damages and/or malicious intent on the part of the Provider, as well as when recourse is made pursuant to §§ 478, 479 BGB (German Civil Code).
§ 8 Right of Retention, Reservation of Proprietary Rights
1. The customer may exercise the right of retention only on claims arising from the same contractual relationship.
2. The goods remain the property of the Provider until complete payment of the purchase price has been made.
3. If the customer is a business entity, the following also applies:
a) The goods remain the property of the Provider until all claims from the current business relationship are settled in full. Pledging goods or using them as collateral before the transfer of ownership of retained goods is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case he hereby assigns all claims, to the amount of the invoice total accruing to him from the resale, to the provider accepting the assignment. The customer is further authorised to collect the payment. The Provider reserves the right, however, to collect the payment himself, insofar as the customer fails to comply duly with his payment obligations.
c) In cases where the retained goods are combined and commingled, the Provider shall acquire co-ownership of the new item in the proportion of the invoice value of the retained goods to the other processed objects at the time of processing.
d) The Provider is obliged to release the securities he is entitled to at the customer’s request, insofar as the realisable value of the Provider’s collateral exceeds the payment to be secured claims by more than 10%. The selection of the securities to be released lies with the provider.
§ 9 Liability
1. The Provider is fully liable for damages resulting from injury to life, limb or health, insofar as he maliciously conceals a defect or has provided a guarantee for the quality of the object of purchase, in all cases of malicious intent and gross negligence, for damages in accordance with the Product Liability Act (Produkthaftungsgesetz) and in all other cases governed by law.
2. Insofar as material obligations under the contract are affected, the breach of which jeopardises the purpose of the contract, the liability of the Provider in cases of slight negligence shall be restricted to the contractually typical, foreseeable damages.
3. In the case of an infringement of immaterial contractual obligations, liability is excluded in cases of slightly negligent breaches of duty.
4. On the basis of current technology, no guarantee can be made that data communication via the Internet is error-free and/or constantly available. The Provider is liable in this respect neither for the continuous nor uninterrupted availability of the website and the services offered there.
In accordance with § 28 BDSG (Bundesdatenschutzgesetz – German Federal Data Protection Act), we inform you that the data required in the course of business transactions are processed and stored using a computer system in accordance with § 33 BDSG. All personal data obtained from customers will of course be handled confidentially. The necessary data will be used in conjunction with third parties exclusively in the context of order processing (payment, shipping). You may see the data stored about you at any time and free of charge by sending an email to the address mentioned above. For privacy reasons, response emails can only be sent to the email address registered at Nicolas Maier Fly-Zone.
§ 11 Information on Returning Packaging
In accordance with the provisions of the German Packaging Regulation (Verpackungsverordnung), we are obliged to take back packaging from our products which does not bear a symbol of one of the general disposal systems (such as the “Grüner Punkt” used by Duales System Deutschland AG or the “RESY” symbol) and to ensure it is reused or disposed of.
For further clarification concerning the return of packaging from such products, please contact us at:
Nicolas Maier Fly-Zone
Tel.: +49 (0) 175 623 70 66
We will then inform you about a municipal collection point or a waste management company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us free of charge.
The packaging will be reused by us or disposed of in accordance with the provisions of the German Packaging Regulation (Verpackungsverordnung).
§ 12 Applicable Law, Place of Performance, Jurisdiction
1. German law applies, to the exclusion of UN purchasing law. For consumers, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived (favourability principle).
2. The place of performance for all services carried out under the existing business relationships and Provider’s jurisdiction is the registered location of the Provider, insofar as the customer is not the user, but a trader, legal person under public law or a special fund under public law.
The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence is not known at the time the claim is made. The power to appeal to a court in another jurisdiction remains unaffected.
3. Place of Jurisdiction is Lörrach, Germany.
§ 13 Information on printed business correspondence
Pollution control is one of our motives to renounce the service of printed correspondence where possible:
1. All invoices are sent by email to the registered address. The customer shall be able to print them, if he is in the need to.
2. We will not ship a printed copy of these Terms and Conditions. The customer may get one, using the print function of his browser.
§14 Conclusive Terms
1. Effective August 2014
2. These terms are valid until the release of new terms and conditions.
3. Errors and modifications excepted.