General Terms and Conditions of Fly-market Flugsportzubehör GmbH & Co. KG
Terms and conditions
Who is the contractual partner?
Your contract is with Fly market Flugsportzubehör GmbH & Co. KG., Am Schönebach 3, 87637 Eisenberg, Germany. The company president is Stefan Kurrle.
Phone: +49(0) 8364/98330
Fax: +49(0) 8364/983333
Trial court Kempten, Nr. HRB 3962
Validity for conditions of sale
Delivery and payment terms are based on the general conditions of sale. Differences are accepted only if they are confirmed in writing.
Conclusion of contract
The contract is valid by sending us a binding order.
The prices listed in the catalogue are effective for orders from the Internet. All prices include German VAT (Value Added Tax). No discounts are possible.
Customers in Germany as well as from EU-member countries have to pay German VAT. Delivery in non EU-member countries is at net prices (19% cheaper). But at deliveries in non EU-member countries additional import-tax and customs will accrue. This import-duties have to be payed by the buyer to the corresponding authorities of the destination. How much these import duties will be, you can inquire at the corresponding authorities of the destination.
Should Flymarket GmbH and Co. KG inadvertently make an error or omission in the product declaration or price, we reserve the right to correct it. In this case we would immediately inform the customer of the error or omission, and the customer may either re-confirm the order or cancel the contract.
The customer has the possibility to choose between payment by credit card or prepayment by bank transfer. The method of payment can be chosen in the checkout-area of the web-shop.
All orders placed through the Internet will be processed as quickly as possible after the payment is done. The goods will be shipped to the address provided by the customer. The goods are insured during transport.
For all our deliveries you can chose in the checkout-area between three different types of shippingcosts, depending on the destination of the order. For the case that the shipping costs which are offered in the checkout-area are not proportional to the size or destination of your order, we will contact you. But generally these shippingscosts shown in the checkout-area are valid, and have to be paid in addition to the order.
After finalization of the sales agreement, should Flymarket GmbH and Co.KG determine that the ordered goods or services can not be provided or due to legal limitations can not be delivered, Flymarket GmbH and Co.KG may withdraw from the agreement. Payments already made would be immediately refunded upon cancellation of the agreement.
Products in stock will be shipped by Flymarket GmbH and Co. KG within 2 to 14 working days after the payment is done, depending on destination.
Flymarket GmbH and Co. KG bear no responsibility for delays in delivery caused by a third person (supplier).
The customer will be informed about delivery delays as soon as possible.
Possession of goods
The goods remain the property of Flymarket GmbH and Co. KG until they are paid in full.
Right of return
Pursuant to § 312d BGB, some goods are excluded from this right of return and cancellation: Goods that have been manufactured to customer specifications (for example: harnesses custom made to size) or clearly made to individual requirements, including but not limited to audio and video cassettes, software that has been opened, and goods that because of their qualities can not be returned.
Goods should be returned in good, unused condition, in the original packaging, with the original invoice and other materials (instruction manuals, etc.). When the goods show evidence of use or wear, there will be a reduction in the amount repaid to compensate for damage. This can be avoided if the customer unpacks the goods only for inspection and does not use the item before deciding to return it.
If you have any further questions please do not hesitate to contact us:
Flymarket GmbH and Co. KG.,
Am Schönebach 3,
87637 Eisenberg, Germany
Phone: +49(0) 8364/98330
Fax: +49(0) 8364/983333
Guarantee - Complaints
In spite of the best procedures and quality controls, sometimes mistakes are made and you could possibly receive incorrect or damaged product. Please note that as the customer, it is your responsibility and in your best interest to notify us within 2 weeks of any incorrect, defective or damaged goods. Your right to return defective goods and receive a refund or replacement only applies to this period of time.
For prompt processing of a return, we need a copy of invoice as well as a detailed description of the reason for the return.
During the legally guaranteed period of 24 months from receipt of goods, we will either repair or partially or completely replace the item in question. If the replacement or repair is not satisfactory, the customer has the right to make a deduction from the amount of the invoice or cancel the contract.
We are not liable for defects that result from improper handling or operation, above average strains or demands, outside stresses, or locking parts.
Damages in transit
Please immediately check every delivery for completeness and damages. If the external packaging is damaged or resealed with tape by the delivery company, you should complain immediately to the delivery service and confirm this complaint in writing. If you are in doubt, you can refuse to accept the package and contact us. We will arrange the quickest possible resolution, replacement or re-shipment.
No personal customer information will be given to anyone outside of Flymarket GmbH and Co.KG. Flymarket GmbH and Co.KG guarantee that the customer information that results from an order will only be used for processing the order and saved only to be used for internal market research and marketing purposes. Flymarket GmbH and Co.KG will only provide customer information to an affiliated third party as necessary to complete an order.
If the customer does not agree to the use of information for internal purposes, the customer has the right to forbid this use by notifying us by Email at: firstname.lastname@example.org.
Our liability is limited exclusively to damage caused by deliberate and gross negligence. Any further liability is excluded. The extent of liability remains unaffected by product liability legislation.
The customer does not have the right to make deductions from or withhold payments, if the charge is undisputed or conforming to legal requirements.
Should individual provisions of the contract either completely or partially not conform to legal requirements or later lose their conformity, the validity of the contract will not be affected. In this case both parties to the contract are obligated to find a workable and mutually agreeable substitute for the unworkable provision, and as much as possible, not affect the financial intentions of the contract for either party. This also applies if one party finds previously unforeseen loophole in the contract.
As far as permissable (for example, for dealers), Kempten is the court of jurisdiction for all legal conflicts between the customer and Flymarket GmbH and Co.KG.
Information on extrajudicial online settlement of disputes:
The European Commission provides a web platform for extrajudical online settlement of disputes (OS platform), which you can find on the following website: www.ec.europa.eu/consumers/odr
It is provided in order to settle disputes concerning online orders between an EU based consumer and an EU based enterprise. Fly-market Flugsportzubehör GmbH & Co. KG is not obliged to partiticipate in such an online settlement.
Appropriate arbitration board: Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein, Germany
German laws govern the business relationships between Flymarket GmbH and Co.KG and our customers.