General Terms and Conditions of Business
Terms of contract within the framework of purchase contracts which are published via the platform https://www.abgeflogen.clothing
Abgeflogen Flywear GmbH
Meersburger Str. 6
Phone: +49 7545 93289450
Tax ID: DE276656819
Commercial register: Ulm HRB 726261
Managing Director: Nicolas Weber, Albrecht Harr
– hereinafter referred to as “Provider” –
the users of this platform referred to in § 2 of these GTC – hereinafter referred to as “customers/customers”.
§ 1 Scope of application
The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between the supplier and the customer. Deviating conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the supplier’s range and collect them in a so-called shopping basket by clicking on the “Add to shopping basket” button. By clicking on the button “Order now for a fee” he submits a binding application to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at Abgeflogen Flywear GmbH” by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude the contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout). The text of the contract is stored in compliance with data protection laws.
(3) The contract is concluded in the languages: German.
§ 2.1 Protection of minors
(1) Our offer of alcoholic beverages is directed exclusively at persons who are of age. The provider requires all customers to indicate their date of birth. By accepting our terms and conditions before each order, customers confirm their age of majority when ordering alcoholic beverages and assure that they are over 18 years of age. Furthermore, when ordering alcoholic beverages, customers assure that their information regarding their age, name and address is correct.
(2) Furthermore, the customer is obliged to ensure that only he himself or persons of full age authorised by him to receive the delivery accept the delivery of alcoholic beverages.
(3) The initiation of criminal proceedings by the provider is reserved as soon as he becomes aware of an order which was triggered with false information on age.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the provider also informs the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. Moreover, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can enter a delivery address in the same country: Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Liechtenstein, Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Austria.
(4) The customer can make the payment by Paypal/ debit/ credit card, bank transfer/ prepayment.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by default of the date.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, as far as the customer does not make use of a possible right of revocation.
(3) In the event of revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for items delivered by the supplier is 12 months for entrepreneurs.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for the contract if such damage was caused by ordinary negligence, unless the customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) The provider will not use the customer’s data for advertising, market or opinion research purposes without the customer’s consent.
§ 9 Final clauses
(1) Contracts between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.