General Terms and Conditions (GTC)

1. Scope

The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Contract partner, conclusion of contract, correction possibilities

The purchase contract is concluded with Flight Crew Shop.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can put our products into your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.

The point in time when the contract with us comes into effect depends on the payment method you have chosen:

Payment in advance
We accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.

PayPal Plus
Within the framework of the payment service PayPal Plus we offer you different payment methods as PayPal Services. After placing your order you will be redirected to the website of the online provider PayPal. There you can enter your payment data and confirm the payment order to PayPal. Thereby the contract with us is concluded.

Cash payment at pickup
We accept your order by sending an acceptance declaration in a separate e-mail within two days.

3. Contract language, contract text storage

Language(s) available for signing the contract: German, English

We save the contract text and send you the order data and our GTC in text form. For security reasons the contract text is no longer accessible via the Internet.

4. Terms of delivery

In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.

In principle, you have the possibility of picking up your order at Franziska Andresen, Berliner Str. 225 f, 65205 Wiesbaden, Germany during the following business hours: by arrangement

We do not deliver to Packstations.

5. Payment

In our shop, the following payment methods are available to you:

Payment in advance
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Plus
Within the framework of the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the payment method PayPal, you must be registered there or register first to be able to pay the invoice amount and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.

Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. Immediately after confirmation of the payment order and after your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.

Direct debit via PayPal
If you have chosen the payment method direct debit, you do not need to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the ordering process.

Cash payment at pickup
You pay the invoice amount in cash when you pick up the goods.

6. Right of cancellation

You have the legal right of cancellation, as described in the cancellation policy.

7. Transportation damage

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• as far as the scope of application of the product liability law is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and objections on workdays from 10:00 a.m. to 6:00 p.m. by phone at +49 611 16854301 and by e-mail at mail@flightcrewshop.de.

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. Dispute resolution

The European Commission provides an Online Dispute Resolution (ODR) platform, which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final clauses

If you are an entrepreneur, then German law applies under exclusion of the UN Sales Convention.

GTC created with the Trusted Shops legal text tool in cooperation with FÖHLISCH Attorneys.