General Terms and Conditions of Business of Crazy Fly s.r.o.
1. Sphere of validity
1.1 Our offers, goods and services are supplied only on the basis of the terms and conditions of business of Crazy Fly s.r.o.. These terms and conditions shall be regarded as having been accepted when delivery is taken of the goods at the latest. Counter-confirmations referring to the Buyer's own terms and conditions of business and / or purchase are hereby expressly rejected.
1.2 Agreements to the contrary shall only apply in the event that they have been confirmed in writing by Crazy Fly s.r.o.
2. Offer
2.1 Offers submitted by Crazy Fly s.r.o. shall always be subject to change without notice and shall be non-binding. They shall be furnished subject to the reservation that Crazy Fly s.r.o. is supplied by its suppliers, in so far as Crazy Fly s.r.o. supplies goods manufactured by third parties.
2.2 A contract shall only materialise once an order confirmation has been sent out by e-mail, fax message or letter. Crazy Fly s.r.o. shall reserve the right to refuse to supply goods or to divide high value orders up into part deliveries.
2.3 Verbal information and promises, leaflets and advertising messages, regardless of whatever type, in particular descriptions, illustrations, drawings, and advertising messages, in particular descriptions, illustrations, drawings, samples, information on quality, condition, composition, performance, consumption and use as well as weights and measures of the contractual goods are subject to change without notice unless they have been expressly designated as binding. They do not constitute any assurance or warranty of any type whatsoever.
2.4 Technical and design discrepancies from the product information are reserved, without this giving rise to a buyer being able to derive rights against us from them, and provided that they are reasonable for the other party to the contract.
3. Prices and terms and conditions of delivery
3.1 All prices are in started in Euro (EUR), ex stores Nemšová.
3.2 To simplify order handling Crazy Fly s.r.o. uses lump sums to cover shipping expenses. These costs are calculated automatically by a computer programme and will be shown separately in the basket of goods. Notwithstanding these lumps sums, Crazy Fly s.r.o. reserves the right to withdraw from a placed order and to demand higher shipping expenses, if these become necessary given the unique nature of the order e.g. bulky and very heavy goods. In this case the new total price will have to be notified by Crazy Fly s.r.o. to the customer. The customer shall have to confirm the order in writing.
3.3 In so far as payment is upon delivery, we shall raise a cash on delivery charge amounting to EUR 5.00.
4. Period for delivery and performance
4.1 The deadlines and periods named by us shall not be binding unless an express agreement has been made to the contrary in writing.
4.2 All delivery dates are subject to Crazy Fly s.r.o. being supplied itself with the correct goods and on time. Part deliveries are allowed.
4.3 We shall not be responsible for delays in the delivery of goods or the rendering of services as a result of force majeure and / or as a result of events making it much more difficult or impossible to render performance, e.g. difficulties in material procurement, operational disruptions, strike, official instructions etc. even if they affect our suppliers or their suppliers, even if we have agreed deadlines and periods on a binding basis. They shall entitle us to postpone the delivery of goods and / or the rendering of a performance by the duration of the hindrance plus a reasonable start-up time or to withdraw from part or all of the contract as a result of the part of the contract not yet fulfilled.
4.4 The expiry of specific delivery periods and dates shall not exempt the Buyer wanting to withdraw from the contract or wanting to demand damages on account of non-fulfilment from having to set a reasonable subsequent period within which Crazy Fly s.r.o. is to render performance and the statement that he shall only reject the performance once this subsequent period has elapsed and Crazy Fly s.r.o. has still failed to render performance. This shall not apply in so far as the Seller has expressly designated a delivery period or date as being binding. Crazy Fly s.r.o. shall only be liable on account of delivery periods being transgressed in the event of intent or gross negligence.
4.5 Delivery periods shall be extended by the period of time in which the Buyer is in default with his contractual obligations within an existing business relationship or under other supply contracts as well.
5. Dispatch and Passing of risk
5.1 The mode of dispatch shall be at our choice.
5.2 Risk shall pass over to the Buyer as soon as the shipment has been handed over to the person responsible for transporting the goods or has left our stores for the purposes of dispatch, or in the case of a direct shipment, as soon as the goods have left the European port of entry.
5.3 If the shipment is delayed or has been made impossible and we are responsible for this, risk shall pass over to the Buyer at the same time as the notification that the goods are ready for dispatch has been sent to the Buyer.
5.4 If the dispatch of the goods is delayed at the Buyer's request, the goods shall consequently be stored at the Buyer's risk and cost. In this case the notification that the goods are ready for dispatch shall constitute dispatch.
5.5 Deliveries for which the Buyer has not selected a courier service shall be regarded as doorstep deliveries. The deliverer is not obliged to carry the goods up to the apartment door.
6. Cancellation right and right of return
Informing the customer of his cancellation rights
6.1 Cancellation right: You may cancel your contractual statement or order within seven days in writing, i.e. by letter, fax message or email or by returning the thing without having to state your reasons for doing so in original packing and unused. The seven day period will not begin earlier than the point in time at which you have been notified in writing of these cancellation rights and not however, before the day on which you receive the goods at the earliest. When calculating the period, the day on which you are notified of your cancellation rights in writing or the day on which you receive the goods shall not be included. It shall suffice that the notice of cancellation or thing has been sent to us in time to satisfy compliance with the cancellation period. The buyer must bear the shipping costs of returning the purchased goods. The returned goods can be either fully refunded by the vendor or exchanged for different products of equal value, but only if all the above points are satisfied. Notice of cancellation is to be addressed to:
Crazy Fly s.r.o.
Púchovská 2096/6
914 41 Nemšová
Slovakia
tel: 00421 32 743 42 72
e-mail: info@crazyflykites.com
web: www.crazyflykites.com
End of information about cancellation of customer rights
7. Notification of defects and warranty
7.1 The warranty period shall be for 1 year from the point in time at which risk passes over.
7.2 The warranty shall lapse if operating or maintenance instructions are not followed, if the products are modified or if parts or consumable materials are used which do not correspond to the original specifications have been used.
7.3 The Buyer shall have to notify us of defects in writing straight away and no later however, than within one week from receiving the goods. Defects which cannot be discovered within this period of time even with a thorough inspection are to be notified in writing as soon as they are discovered.
7.4 If notified defects are substantiated, the Buyer shall have to send the damaged part or appliance to us for repair. In doing so the Buyer shall be responsible for packing the part / goods properly and as appropriate. The Buyer shall have to make good any damages incurred as a result of inadequate packing.
7.5 As a matter of principle the Buyer can only demand a repair. Only once a repair has been unsuccessful for the second occasion will he be entitled to assert rights under warranty over and above a repair. The Buyer shall not be able to assert claims for the reimbursement of damages of any type regardless of whatever legal reason upon which they are based, including consequential damage from faulty consignments, unless the damage was caused intentionally or as a result of gross negligence.
7.6 We shall only be obliged to supply a replacement or to carry out a repair in those cases in which the Buyer has fulfilled his contractual obligations in full.
7.7 None of the claims asserted against us may be assigned to third parties without our written consent and may only be asserted by the Buyer himself.
8. General limitations of liability
8.1 The liability of Crazy Fly s.r.o. shall be determined by the agreements made in the above section alone. The Buyer shall not be able to assert claims for damages based on negligence by Crazy Fly s.r.o. when the contract was signed, a breach of ancillary contractual duties by Crazy Fly s.r.o. and unlawful acts committed by Crazy Fly s.r.o., unless they are based on gross negligence by Crazy Fly s.r.o.. These limitations of liability shall also apply for the Buyer accordingly. In the event that he is in breach of important contractual duties, the Buyer shall also be liable even in the event of ordinary negligence. In this case, his liability shall however be limited to the replacement of foreseeable damages and damages typical for the contract. These claims shall become time-barred six months after receipt of the goods and / or acceptance of the performance by the Buyer.
8.2 The Buyer shall bear sole responsibility for the purchased products as well as the products developed from them being used and installed properly and professionally. In particular, products which could be dangerous in use may only be used by those who have undergone thorough familiarisation training.
8.3 If goods are delivered to countries other than Slovakia, potential incompatibilities of products with specifications and regulations specific to a country are to be observed. The Buyer alone shall be responsible for compliance. In every case it is absolutely essential that the manufacturer's instructions are followed.
9. Reservation of title
9.1 We shall reserve the title to the delivered goods until they have been paid for in full and to all the accounts to which we are entitled and will be entitled in the future, regardless of whatever legal reasons upon which they are based.
9.2 Processing or alteration shall always be carried out for us as manufacturer / distributor without, however, placing us under any obligation. If our (co) ownership should lapse as a result of the goods supplied by us being combined with other goods, it shall consequently be agreed here and now that a proportion of the value (equal to the sum invoiced by us) of the Buyer's (co) ownership to the unitary thing shall pass over to us. The Buyer shall keep our (co) ownership in safekeeping free of charge. Goods to which we are entitled to (co) ownership shall be designated in the following as goods subject to reservation of title.
9.3 The Buyer is entitled to process and to sell the goods subject to reservation of title in a proper commercial transaction, provided that he is not in default. He may not pledge the goods or assign them by bill of sale as a security. The Buyer assigns accounts created with regard to the goods subject to reservation of title by means of a resale or other legal reasons to us in full here and now as a security. We authorise the Buyer on a revocable basis at all times to collect the accounts assigned to us in his own name and for his own account. At our request the Buyer shall have to disclose the assignment to his buyers and pass over and submit the information and documents necessary for us to collect the accounts directly from the Buyer's buyer.
9.4 In the event that a third party seizes the goods subject to reservation of title, in particular in the event of levy of execution, the Buyer has to point out to the third party that we hold the title to the goods and the Buyer has to notify us straight away. Costs incurred shall be for the Buyer's account.
9.5 In the event of the Buyer acting in breach of the contract, in particular in the event of default in payment, we shall be entitled to take back the goods subject to reservation of title at the Buyer's expense, or, if necessary, to demand that the Buyer assign his right of surrender over the goods against a third party to us. If we take back the goods subject to reservation of title or levy execution, this shall not constitute withdrawal from the contract, provided that the German Payment by Instalment act does not apply.
10. Payment
10.1 Provided that an agreement has not been made to the contrary, our invoices shall be payable in full immediately.
10.2 In spite of any terms and conditions of business to the contrary the Buyer may have, we shall be entitled to count the Buyer's payments first of all towards his older debt. If the Buyer has already incurred costs and interest, the payments shall consequently be counted towards the costs, then the interest and last of all the main account.
10.3 If the buyer is in default, we shall consequently be entitled to charge interest at normal banking rates, no less however than 5% above the bank rate charged at that time by the Nation Bank of Slovakia from the point in time at which he falls into arrears.
10.4 If the Buyer fails to fulfil his payment obligations in accordance with the contract or if he stops making his payments, or if we should become aware of other circumstances giving rise to questions about the creditworthiness of the Buyer, we shall consequently be entitled to make the entire residual debt due for payment, to demand payments in advance or that securities are furnished.
10.5 The Buyer shall only be entitled to offset, withhold payment or reduce the purchase price, even if he has notified us of defects or asserted counter claims, if such measures meet with our express agreement or if the Buyer's counter-claims have been declared final and absolute in a court of law.
11. Data protection
11.1The data on our buyers shall be saved and processed by us and we do not supply any information to any third parties. All personal data shall only be used for stipulated, clear-cut and legal purposes and shall not be kept for longer than necessary in personalised form identifying the buyers.
11.2 You shall at all times be entitled to receive information concerning the data we have saved, have corrections conducted free of charge, information blocked or deleted. Please contact us by e-mail at info@crazyflykites.com or send us your request by fax message or post.
11.3 Personal data such as for example address, e-mail address and purchasing patterns will not be passed on to third parties by us. Exceptions to this are our associates who need to have the data sent to them for handling orders or to carry out customer service tasks. These associates are for example the service providers commissioned by us to handle dispatch and payments as well as our manufacturers and importers for handling warranties. In these cases the scope of the transmitted data shall however only be limited to the minimum required.
11.4 Information shall be stored in so-called cookies on our home page and in our shop. These make it easier for the buyer to use our web site. One example of this is for example the contents of your shopping basket, which can then be called up on your next visit to our web site. In addition to this, the information deposited in a cookie render the repeated filling in of forms unnecessary. The generated cookies will expire after 365 days. In addition to this you can manage the acceptance of cookies in our web site in your browser programme and block them if necessary.
12. Place of fulfilment and Place of jurisdiction
12.1 The place of fulfilment and place of jurisdiction is Trenčín.
12.2 Only the law of the Slovak Republic shall apply.
13. Other provisions
13.1 Should individual provisions be or become void, invalid or contestable, they are to be interpreted and / or supplemented in such a way so that the intended economic objective is achieved as closely as possible in a legal manner; the remaining provisions shall not be affected as a result. The same shall also apply mutatis mutandis for gaps which are in need of being filled.
