For online orders on www.flightobsession.de
Effective Date: 27nd of Aug 2018
1.SCOPE AND CONTRACT PARTNERS
1.1 These general terms of delivery and performance (hereinafter referred to as “General Terms and Conditions” or “Terms”) shall apply to all orders for goods and services placed with flightobsession by the customer via the internet portal and online shop www.flightobsession.com (.de), at flightobsession personally, by telephone or fax. The exclusive contractual partner shall be flightobsession GmbH (limited liability) (hereinafter referred to as “flightobsession”) and third parties (hereinafter referred to as “customer”).
1.2 Terms and conditions of the customer which conflict with or differ from our General Terms and Conditions shall not be recognized by flightobsession.
1.3 Some of the provisions of these General Terms and Conditions distinguish between customers who are consumers as defined in Section 13 and companies as defined in Section 14 of the German Civil Code (BGB). The provisions in these General Terms and Conditions shall apply to both groups of customers unless stated otherwise in the relevant provisions themselves.
1.4 These Terms shall also apply exclusively if flightobsession provides goods and services differing from the Terms without reservation.
1.5 Working days are defined as all days, except Saturdays, Sundays and legal holidays in the German state of Hesse.
1.6 Alternative Dispute Resolution:
The European Commission provides a platform for out of court online-dispute resolutions (OS-Platform), which you can find here: https://ec.europa.eu/odr.
2. REGISTRATION AND CONCLUSION OF CONTRACT
2.1 The customer has the opportunity of checking all data and making any necessary corrections before placing an online order.
2.2 The products featured on www.flightobsession.de do not constitute a legally binding offer, but are presented as a non-binding online catalogue and as such are subject to errors.
2.3 By clicking the Button “IN THE SHOPPING BASKET” and “BUY NOW” the customer submits a binding order for the goods. Flightobsession is not obliged to accept the order.
2.4 Order receipt is confirmed immediately after the order is placed and does not signify order acceptance. Flightobsession can accept the order by sending order confirmation by E-Mail or by delivery of the goods within max. 4 days. If advance payment is made, the contract is concluded on receipt of E-Mail confirmation.
2.5 Legal liability for defects shall apply.
2.6 The contract text and order data shall be recorded by flightobsession (For details, see provacy policy/disclaimer).
3.1 Flightobsession shall deliver domestic orders within the time specified on the online shop webpages. In the event of delays the customer will be informed immediately.
3.2 Generally flightobsession is working according to the principles of prepayment. In the case of large orders and only according to the arrangement, flightobsession reserves the right to request only an appropriate down payment. The order will be processed after receipt of the down payment.
3.3 Flightobsession is entitled to make partial deliveries (partial performance) for mixed orders comprising advance orders and orders from stock to a reasonable extent. They will, however, endeavor to wait until all products of a mixed order are available before delivering. The customer shall be informed of this before the contract is concluded.
3.4 Commencement of the delivery period and compliance with delivery dates shall be contingent on the customer performing his duties to cooperate correctly and in good time and provide any advance payments which may have been agreed.
3.5 If delivery of the goods is delayed by force majeure, e.g. labor disputes, strikes, lockouts or other events in Germany or abroad for which flightobsession is not responsible, the performance period shall be extended appropriately for the duration of such hindrance and its impact. This shall also apply if such circumstances affect the relevant manufacturer or supplier of the goods from which flightobsession has ordered the goods. Flightobsession shall be entitled to withdraw from the contract if such event of force majeure results in permanent impossibility of contract fulfillment. Flightobsession shall notify customers of the commencement and end of such hindrances without delay.
3.6 If the customer defaults on acceptance or if shipment is postponed at the customer's request, the customer can be charged the costs for storage incurred by flightobsession or a third party as of the date of notification of readiness for delivery.
4. OBLIGATION OF CUSTOMER TO PROVIDE INFORMATION
4.1 The customer is obliged to provide correct information on registration. He is obliged to correct his customer profile if there are any changes in name, address, E-Mail address and telephone number.
4.2 If the customer fails to do so, or provides false information to flighobsession, in particular an incorrect E-Mail address, flightobsession is entitled to revoke the contract. Withdrawal from contract must be effected in writing (For details, see provacy policy/disclaimer).
4.3 Flightobsession shall send the customer an E-Mail to the E-Mail address given on registration immediately on contract conclusion. The customer agrees to notify flightobsession by E-Mail: email@example.com (.com) should he not receive this E-Mail within 8 hours of concluding the contract.
4.4 The customer must ensure he can receive E-Mails from flightobsession under the registered address.
4.5 If an E-Mail cannot be sent to the customer and three consecutive error messages are received, or goods cannot be delivered due to an incorrect address, flightobsession is entitled to withdraw from the contract and demand compensation for any damages incurred.
4.6 To order products from the online shop the customer must enter the necessary data. User name and password can also be used to view and change his customer data (For details, see provacy policy/disclaimer).
4.7 User name and password are required for online orders and to access customer data needed to place an order. The data can be used for future orders (For details, see provacy policy/disclaimer).
4.8 The customer is obliged to keep user name and password safe to prevent loss or use by third parties.
4.9 In the event of loss of user name and password the customer is obliged to inform flightobsession immediately by E-Mail, post or telephone. Flightobsession reserves the right to refuse customer access to the protected area immediately upon receipt of such notification. The customer must reapply for registration in writing providing authorization. New customer registration is, however, possible.
4.10 The customer is liable for any damages resulting from disclosure of his access data to third parties due to negligent safekeeping.
5. TRANSFER OF RISK
5.1 If the customer is a company the following applies: The risk of loss or deterioration of the goods is transferred to the customer when the goods are ready for shipment. If shipment is delayed for reasons for which the customer is responsible, the risk is transferred to the customer on notification of readiness to ship.
5.2 If the customer is a consumer, the legal regulations shall apply.
6. RESERVATION OF OWNERSHIP
6.1 Flightobsession retains ownership of delivered goods until all claims from the delivery order have been fulfilled by the customer.
6.2 The customer may neither pledge nor offer the delivered goods as collateral. The customer undertakes to inform flightobsession without delay if the goods should be seized, confiscated or otherwise taken possession of by third parties.
6.3 The reservation of ownership shall extend to all claims the customer should acquire through resale of the delivered goods. The claims shall be assigned to flightobsession to the amount of the outstanding account. The customer shall assign these future claims as and when they arise as security. Flightobsession accepts this assignment. The customer is entitled to resell the retained goods subject to the proviso that the purchase price claims are transferred to flightobsession according to the above provisions. The customer is not entitled to dispose of the goods in any other way.
6.4 Flightobsession’s rights of security do not prevent the customer from using the goods belonging to or claims assigned to flightobsession in the normal course of business. This does not apply if the customer is more than 30 days in arrears with payment obligations towards flightobsession or is otherwise substantially in breach of contract, suspends payment or insolvency has been filed for. In this case the customer is obliged on demand to inform his customers of the claim assignment, to refrain from collection of receivables and allow collection by flightobsession. Upon request of flightobsession the customer is furthermore obliged to provide flightobsession with the addresses of his customers.
6.5 If normal business activities have ceased, flightobsession is entitled to repossess the goods at the customer’s expense. Repossession of goods, the assertion of reservation of ownership or the seizure of the goods by flightobsession shall not be deemed to be a withdrawal from contract.
7. PRICES, SHIPPING COSTS AND DISCOUNTS
7.1 All prices of goods are given in Euro including the valid German VAT and other price components. The statutory VAT is shown separately in the invoice. This does not apply for intra-Community shipments betwenn companies within the EU or shipments overseas.
The delivery time can vary from the given data within the webshop, especially with deliveries to other countries than Germany and if there are delays on part of the supplier .
7.2 Shipping costs are shown separately in the invoice. Shipping costs for delivery to other countries may vary from those indicated in the order phase. These may be recalculated if necessary and specified immediately by flightobsession when sending contract acceptance, in the order confirmation or the invoice. The customer then has the option of withdrawing from contract. Withdrawal must be declared to flightobsession in writing via E-Mail, fax or post prior to payment. Payment of the invoice in part or whole constitutes acceptance of the quoted shipping costs.
7.3 All prices on the English website www.flightobsession.com are shown in Euro, too.
7.4 Please refer to the applicable VAT regulations in the country of your shipping destination. Flightobsession is a German business which trades and ships under German law. Please refer to your own country regulations concerning tax and custom fees. You may possibly have to pick up your order at your local custom station and pay tax.
7.5 If fulfilment of contract is not possible, flightobsession may withdraw from contract and is not required to render the agreed services. In this case, flightobsession undertakes to inform the customer immediately of the inability to fulfil contract and reimburse any payment already made. In the case of simple negligence flightobsession is not liable for damages.
7.6 For distributors a discount list, distributor classification and provisions for the return and exchange of goods apply in addition. For list prices (without discount) please refer to the current price list and the online shop. Prices for books or cartographic products are governed by the German law on retail price of books. Any end-customer discounts or promotion prices do not apply to distributors, neither as an alternative nor in addition to the price reductions or quantity discounts granted by flightobsession to distributors.
8. TERMS OF PAYMENT
8.1 The customer may effect payment via Paypal, advance payment by bank transfer, credit card or instant transfer, depending on the methods of payment that are provided by flightobsession on the individual shop system. However, advance payment is always required.
8.2 If the customer is in arrears with payment, he must compensate flightobsession with any delay damages incurred in accordance with legal regulations. If the customer is more than 14 days in arrears with payment of a due amount, flightobsession is entitled to withdraw from contract immediately and inform the customer accordingly per E-Mail.
8.3 Flightobsession reserves the right to refuse certain methods of payment for any order to safeguard against credit risk.
8.4 In the case of payment via Paypal the respective account is debited upon purchase.
8.5 The customer is not entitled to reduce the invoice amount unless this has been explicitly agreed.
8.6 Flightobsession assumes no costs entailed in financial transactions.
8.7 Flightobsession’s rights to remuneration may only be offset against claims that are uncontested, legally acknowledged or which flightobsession has acknowledged in writing.
8.8 If the contract is not concluded or is revoked, any purchase payments already made shall be promptly refunded to the customer account used for payment. Paypal payments shall be refunded to the corresponding credit card account or Paypal account (For details, read 10.).
9. WARRANTY AND LIABILITY
9.1 If the customer is a company, they are entitled to supplementary performance, price reduction, withdrawal from contract and damages only in accordance with the following provisions.
(1) As product illustrations may deviate from the delivered products, particularly in colour and size, such deviations do not constitute material defects. The colour, size and quantity of personalized produced items can vary in 10% and is no reason for a revocation and has to be accepted.
(2) The customer is under the obligation to notify defects for each order according to § 377 HGB.
(3) All warranty claims by the customer due to material defects shall lapse one year after delivery of goods. This does not apply in the event of fraudulently concealed defects or guaranteed quality of goods. Liability of flightobsession remains unaffected thereby.
9.2 If the customer is a consumer, the legal warranty regulations shall apply.
9.3 Product liability for textile products shall be borne by the manufacturer named on the care label.
9.4 Liability of flightobsession shall be excluded, except for damages incurred through breach of contractual obligations whose fulfilment is essential for the due and proper implementation of contract (cardinal obligations), through injury to life, body or health due to a negligent breach of duty by flightobsession or a wilful or negligent breach of duty by a legal representative or agent of flightobsession, and for other damages incurred by grossly negligent breach of duty by flightobsession, representatives or agents of flightobsession.
9.5 Liability in the event of breach of fundamental contractual obligations shall be limited in each case to the foreseeable damages.
10. LEGAL RIGHT OF REVOCATION
The following instructions on conditions and consequences of revocation rights are for the customer’s information.
- BEGINNING OF INSTRUCTIONS ON REVOCATION RIGHTS -
10.1.1 RIGHT OF REVOCATION AND DECLARATION OF REVOCATION
The customer is entitled to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which the customer, or a third-party authorized by him, who is not the forwarding agent, has taken possession of goods from single delivery of an order, or on which the customer, or a third-party authorized by him, who is not the forwarding agent, has taken possession of the last goods/partial delivery as far as the customer has ordered several goods/partial deliveries within a single order and same were delivered separately.
In order to revoke the contract the customer must send:
an unequivocal statement (e.g. by letter, telefax or E-Mail) communicating his decision to revoke the contract. Dispatch of this statement within the notification period is sufficient.
10.1.2 CONSEQUENCES OF REVOCATION
If the customer revokes the complete contract, flightobsession shall refund the customer all payments received, excluding shipping costs without delay and within fourteen days from the day flightobsession receives the returned, unworn goods supplied under this contract. Flightobsession shall make this refund with the same means of payment used by the customer for the original transaction, unless expressly agreed otherwise with the customer. There shall be no charge to the customer for this refund.
If the customer sends back only a part of the complete order because of any reasons, flightobsession refunds only the price for the items which the customer sent back, not for the shipping costs.
If the customer wishes a change of an item due to a wrong size or to get an other colour, the customer has to send back the item by paying the shipping costs by him- or herself and needs to place a new order on the webshop inclusive shipping costs. Flightobsession can overtrake the shipping costs on its descretion.
Flightobsession may withhold reimbursement until receipt of the goods. The customer must send or deliver the goods without delay, in any case at the latest within fourteen days from the day the customer informed flightobsession of the revocation of contract, to
The deadline shall be deemed to have been met if the customer ships the goods before the period of fourteen days has expired.
The customer shall bear the cost of return shipment. Flightobsession does not accept goods sent freight collect. The customer must only bear the cost of loss in value of the goods if same is attributable to handling beyond that which is necessary to examine the quality, features and functionality of the goods.
In case of return deliveries flightobsession will charge 20% of the value of goods but at least 10,00 Euro for the reinstate of goods (only workwear!)!
In principle not be taken back:
- items which are not on stock or preproduced and which are personalized according the wishes and needs of the customer (For example: key chains with logo or in other colours, produced pins and batches according the wishes of the customer, extra productions of clothes for suctomers and as well personalizes clothes with logos and grafics as print or stitched
The colours, sizes and quantity of personalized produced key chains, pins or other special productions of clothes can vary in 10% and is no reason for a revocation!
- factory single packaged shirts and blouses after unpacking
- underwear and socks
- personalized goods
10.1.3 REVOCATION FORM FOR CUSTOMER
If the customer desires to revoke the contract, he should fill in this form and send it to:
flightobsession GmbH, Goethestrasse 44, 35447 Reiskirchen, firstname.lastname@example.org:
I/we (*) herewith revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / rendering of following services (*)
Ordered on (*)/received on (*)
Signature of customer (only for notification in paper form)
(*) Delete as applicable
10.1.4 EXCLUSION AND GROUNDS FOR TERMINATION OF REVOCATION RIGHTS
The right of revocation shall not be permissible for remote sales contracts
– for delivery of non-prefabricated goods which are manufactured on the basis of an individual choice or specification by the customer or which are tailor-made to personal customer requirements
– for delivery of sealed goods which for reasons of health protection or hygiene are not suited for return if the seal has been removed after delivery
– for delivery of goods that have been inseparably mixed with other goods after delivery due to their properties.
- END OF INSTRUCTION ON REVOCATION RIGHTS -.
11. GIFT VOUCHERS
11.1 Gift vouchers are vouchers which are occasionally offered for sale. Purchase of gift vouchers can only be made by credit card or Paypal. Gift vouchers can be used to purchase articles offered by flightobsession under www.flightobsession.de (.com), however they may not be used to purchase additional gift vouchers.
11.2 Gift vouchers cannot be cashed.
11.3 Gift vouchers can only be redeemed during the order process and cannot be credited retrospectively.
11.4 If the gift voucher amount does not cover the order, the difference can be paid using the offered modes of payment. Only one gift voucher may be used per order.
11.5 Purchase of a gift voucher can only be cancelled if the voucher has not yet been redeemed. A gift voucher is considered to have been redeemed when it has been offset against an order.
11.6 Flightobsession shall not be liable for loss or theft of gift vouchers or for their illegibility for which flightobsession is not responsible, or for typing errors in the E-Mail address of the gift voucher recipient.
11.7 Additional or deviating terms and conditions may apply for these vouchers. These conditions are either printed on the individual gift vouchers or are issued or sent together with the vouchers.
12. STORAGE OF CONTRACT TEXT
12.1. The customer can print the contract text prior to placing an order with the seller by using the print function of his browser during the last order stage.
12.2. The seller shall send the customer order confirmation containing all order data to the E-Mail specified by customer. In addition, the customer shall receive a copy of the General Terms and Conditions, instructions on revocation of contract, information on shipping costs and delivery and payment conditions together with the order confirmation. If you have registered in our shop you can access your orders in your user profile. Furthermore, the contract text is stored but not made available on the internet.
13. DATA PROTECTION (For details, read pivacy policy/disclaimer)
13.1. The seller shall use personal customer data only for the specific purpose intended and in accordance with legal regulations.
13.2. The personal data given for the purpose of ordering goods (e.g. name, E-Mail address, address, payment data) are used by the seller to process and fulfil the contract. These data shall be kept confidential and shall not be disclosed to third parties who are not involved in the order, delivery or payment process.
13.3. The customer is entitled to apply for and receive information as to what personal data the seller has on file at no charge. In addition, he is entitled to have incorrect personal data corrected, blocked or deleted subject to compliance with legal retention periods.
13.4. Further information on the type, amount, location and purpose of data collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
14. ALTERATION OF GENERAL TERMS AND CONDITIONS
14.1 Flightobsession reserves the right to alter or extend these General Terms and Conditions at any time with future effect if it appears necessary and providing this does not disadvantage the customer or violate the principles of good faith. Changes can become necessary in particular to reflect new legislation or to take new product developments by flightobsession into account. New court rulings are also classified as a change in legislation as provided for in this clause.
14.2 Any changes or supplements shall be announced at least six weeks prior to implementation in writing in an appropriate way. Changes in the General Terms and Conditions will normally be announced via E-Mail or on the flightobsession web site.
14.3 Contract amendments are considered approved unless the customer contradicts the changes in writing within six weeks of receipt of the change notice or of the first possibility of becoming aware of the changes following publication.
14.4 Flightobession undertakes to notify the customer of his right of objection and the consequences of failure to object together with the change notice.
15. SEVERABILITY CLAUSE, JURISDICTION AGREEMENT, FINAL PROVISIONS
15.1 Contract language is German.
15.2 Should individual provisions of these General Terms and Conditions be invalid or lose their validity, this does not result in the invalidity of the entire contract. The invalid provision shall be replaced by a legally valid provision with the same effect.
15.3 German law shall apply for the conclusion and execution of all contracts. US sales law does not apply. The place of jurisdiction is Gießen, where legally permissible.
Last update: 27. Aug 2018