Terms of Service
Terms of Service
General terms and conditions with customer information
Table of Contents
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting usage rights for digital content
Granting of usage rights for license keys
Retention of title
Liability for defects (warranty)
Special conditions for the processing of goods according to certain specifications of the customer
Redeeming gift vouchers
Code of Conduct
Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Janny Wilke, trading under "FlyingMachines" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller regarding the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise expressly regulated.
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.4 These terms and conditions apply accordingly to contracts for the delivery of license keys, unless otherwise expressly regulated. The seller is obliged to provide a license key to use the software or content he describes and to grant the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or in the content. The respective product description in the seller's online shop is decisive for the quality of the software or content.
1.5 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.6 Digital content in the sense of these terms and conditions are all data that are not on a physical data carrier, which are produced in digital form and provided by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller gave him the right the service had announced a reasonable time in advance.
5.3 In the case of collection by the seller, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting the seller. In this case, no shipping costs will be charged.
5.4 Digital content is only provided to the customer in electronic form as follows:
- by email
5.5 Vouchers are given to the customer as follows:
- by email
5.6 License keys are left to the customer as follows:
- by email
6) Granting usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided for private and business purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can also temporarily allow the contractual content to be used before this point in time. Such a provisional permit does not result in a transfer of rights.
7) Granting of usage rights for license keys
7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described there.
7.2 The granting of rights only becomes effective when the customer has paid the full amount owed.
8) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
9.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the limitation period is not reduced to one year
for things that have been used for a building in accordance with their normal use and have caused its deficiency,
for claims for damages and reimbursement of expenses of the customer, as well
in the event that the seller has maliciously concealed the defect.
9.3 The customer is asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9.4 The liability for defects includes the rectification of the defect (s), provided that these can be demonstrably attributed to the use of an incorrect material or manufacturing defect. Since we have no influence on the correct and proper construction (e.g. soldering of components such as flight control with controller or other components), we can, for understandable reasons, only assume responsibility for the completeness and perfect condition of the components for individual components or kits. Upon receipt of the product, the customer is obliged to check it (eg connecting the flight control to BetaFlight) and to report any defects to the seller immediately. We accept no liability or liability for any damage or consequential damage in connection with this product. We reserve the right to repair, rework, supply spare parts or refund the purchase price. The following criteria do not result in repairs or warranty claims:
- Use of acidic solder / solder grease / flux
- improper soldering including too long / too short holding time, too high / too low temperature
- Changes to the product
- Attempts to repair the product
- Use of other components that are not part of the kit
- Destruction of conductor tracks or solder eyes
- Overloading of assemblies e.g. due to unsuitable components
- Damage due to failure to observe connection diagrams
- Connection to an incorrect voltage or type of current
- wrong polarity
- Incorrect operation or damage due to negligent handling or misuse
10) Special conditions for the processing of goods according to certain specifications of the customer
10.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer has the operator all the content required for processing such as text, images or graphics in the file formats, formats, image specified by the operator - To provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights.
10.2 The customer releases the seller from third-party claims, which they can assert in connection with a violation of their rights by the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and defense in a prompt, truthful and complete manner.
10.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.
11) Redeeming gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
11.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
11.7 The credit of a gift voucher is neither paid out in cash nor interest.
11.8 The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
12) Applicable law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
12.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
13) Code of Conduct
The seller has submitted to the "Google Trusted Stores Principles" which can be viewed online at https://support.google.com/trustedstoresmerchant/answer/6063058?p=guidelines&rd=1.
The seller has submitted to the data protection code of IITR GmbH - Institute for IT Law - which can be viewed on the Internet at https://www.iitr.de/informationen/codex.html.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.