Terms and Conditions
TERMS OF SERVICE
§ 1 Scope, customers
I. These general business terms and conditions apply for all business relationships between TFLY GbR, legally represented by the Shareholders Yves Kenny-Pierre Grotz & Maximilian Ivancic , Carl-Benz Straße 5, 71634 Ludwigsburg (hereinafter referred to as “company”) and their customers in the respectively valid edition at the time of the contract conclusion. They also contain legally designated important customer information.
Contradictory, deviating or amending general business terms and conditions from the customer, even upon acknowledgment, are not a component of the contract unless the company would have agreed completely or in regards to individual regulations with contradictory, deviating or amending general business terms and conditions from the customer.
II. Customers from the company in terms of these general terms and conditions include consumers and entrepreneurs. Entrepreneurs in terms of § 14 BGB are natural or legal persons or legal partnerships that act on their commercial or independent occupational activities upon conclusion of a legal transaction. Consumers in terms of § 13 BGB are any natural persons who conclude a legal transaction for a purpose that cannot primarily be attributed to commercial or independent occupational activities.
III. Customers in Germany and abroad receive deliveries.
§ 2 Offers and contract conclusion through the company internet site
I. All offers from the company are non-binding and noncommittal. A contract between the company and the customer only comes into being when the company accepts an offer from a customer. In the event of writing and calculating mistakes as well as mistakes on the internet site, the company reserves the right to not accept an order.
II. If a customer places an order on the internet site from the company online, the company will immediately confirm receipt of the order. This confirmation of receipt of the order does not yet represent an acceptance of the offer, but rather only informs the customer that the company has received their order.
III. By the customer sending an order to the company through the company website, the customer submits an offer to conclude a purchase contract with the contractor.
The acceptance of the offer and the contract conclusion with the company occur through an explicit declaration of acceptance by email or by the delivery of the ordered merchandise to the customer.
The company is entitled to accept the contract offer submitted with the order through the company’s website within 5 days after receipt of this offer by the company through an explicit declaration of acceptance or by delivery of the ordered merchandise.
§ 3 Delivery costs and import duties
I. In addition to the purchase price, the company bills the customer for the delivery costs. The delivery costs can be found on the company website. The customers will additionally be clearly informed of the delivery costs before submission of an order on the order site.
II. For merchandise deliveries in countries outside of Germany, import duties may be due for imports that must be paid for by the customer. The amount of the import duties varies in different customs regions. The customer is responsible for the proper processing of all required customs and fees.
§ 4 Payment default
If the customer does not pay despite a warning from the company that is sent after payment has been due, they will be in default through this warning. During the default, the customer must pay interest on their debt in an amount of 5% over the base interest rate.
§ 5 Delivery in multiple packages
I. The delivery is carried out to the delivery address specified by the customer within the scope of the order.
II. In the event of an order of multiple articles, the company is entitled to deliver the merchandise to the customer in multiple packages, provided this is reasonable for the customer. The company must bear the additional delivery costs that arise through this.
§ 6 Delivery times
The delivery of the merchandise is carried out regularly three work days, in individual cases at latest 5 work days, after receipt of the payment from the customer with a payment with credit card or after execution of the payment process with a payment by PayPal.
§ 7 Transfer of perils
I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the merchandise is transferred to the buyer with the handover, in the event of a delivery purchase with the delivery of the merchandise to the carrier, the shipper or the people or institute otherwise responsible for the execution of the delivery.
II. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold objects also only goes to the buyer with the handover of the objects.
III. The handover shall be deemed to have taken place if the buyer is in default with the acceptance.
§ 8 Retention of title
I. The delivered merchandise remains property of the company until payment is complete.
II. In regards to customers who are entrepreneurs, the company retains ownership until fulfilment of all claims that we are entitled to due to any legal reason from the business relationship with the buyer.
III. The customer is obligated to immediately notify the company of a seizure or a different impairment of reserved goods by third parties.
§ 9 Right of withdrawal, costs of return delivery upon withdrawal
I. Consumers are entitled to the legal right of withdrawal. The company informs the customer, among other things, on their website about the existence or non-existence of a right of withdrawal as well as the terms, particularities of exercising, in particular the name and the address of the party receiving the withdrawal and the legal consequences of the withdrawal. Information about the right of withdrawal in written form corresponding to the legal requirements is also shared with the customer upon an online order at latest with the conclusion of the contract.
II. Any merchandise that consumers can receive by mail (including package services) due to their properties must be handed over to the company or returned immediately and in any case at latest within fourteen days after the day on which the consumer informed the company about the withdrawal from this contract. The period is complied with if consumers send the merchandise before the expiration of the period of fourteen days. Consumers bear the direct costs for the return of the merchandise.
III. The right of withdrawal exists corresponding to § 312g para. 2 No. 1 BGB in particular not for remote sales contracts for the delivery of merchandise that is not pre-made and for the manufacturing of which an individual selection or determination by the consumer is important or which is clearly customized to the personal needs of the consumer.
§ 10 Warranty and liability
The customer’s warranty rights and the company’s liability are based on the legal regulations.
§ 11 Data privacy
I. The company is obligated to treat personal data from the customer in a confidential manner. The collection, processing and usage of personal data are carried out corresponding to the legal regulations. A forwarding of personal data to third parties is carried out exclusively within the scope of the contract processing. The data received by the customer will be collected, processed and used by the entrepreneur for contract processing.
II. Customers can ask the entrepreneur for any personal data they have saved at any time. Information may also be provided by email. Customers can contact the company at any time to request the deletion of user information within the scope of the legal regulations. Further information about data privacy can be taken from the separate data privacy statement.
§ 12 Final remarks, jurisdiction, severability clause
I. German law applies to the legal relationship between the customer and the company under exclusion of the UN Sales Law. If regulations from the state in which a customer, who is the consumer, has their normal residence, require protection for consumers that does not exist in German law, these regulations shall apply to the legal relationships between this customer and the company.
II. If the customer is a merchant, the sole jurisdiction for all disputes from this contract is Düsseldorf. The same applies if the customer does not have general jurisdiction in Germany or the residence or usual place of stay of the customer is not known at the time the claim is asserted.
III. If individual regulations from these general business terms and conditions are or become partially or completely ineffective, the validity of the remaining regulations is not affected by this.
IV. Contract agreements may be in German or English.
As a consumer, you have the following cancellation rights:
You may withdraw from your contract in writing (i.e. letter, phone, email) within a period of two weeks without stating any reasons. The deadline begins after you made the order. Timely dispatch of the cancellation or of the item is sufficient in order to comply with the cancellation deadline. The cancellation should be addressed to:
Carl-Benz Straße 5
Phone: +49 7141 4444 16
Consequences of the cancellation
If you withdraw from this agreement, we will give you all payments as we have received from you (except for the additional costs that result from having chosen a different delivery than the one we have offered) immediately and no later than fourteen days. Unless otherwise agreed with you explicitly; In no case will you be charged. We may refuse the payment until you have provided proof that you have returned the goods.If the revocation takes place after the cancellation period and there is no loss of value, the delivery of a gift card about the value of the goods with margin takes place.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.