Terms and conditions
1. Scope of application
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction of purposes that are neither concerned with their commercial nor their independent professional activity. Entrepreneur 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.
With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with FLYING CIRCUS c/o Michael Dorp, Haubourdinstraße 24, D-52428 Jülich.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially add our products to the shopping cart without obligation of buying and correct your entries at any time before submitting your binding order by submitting them in the order process and explained correction aids. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
When paying in advance and PayPal, the order is accepted immediately with your order submission.
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. For more information on shipping costs, please visit our website at Payment methods and Shipping costs.
4. Delivery terms
We charge 2, – Euro per order process for shipping within Germany as well as internationally.
In our shop, the following payment methods are generally available :
If you choose the “advance payment” method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice – regardless of a connection or combination of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Right of withdrawal
In the event that you make the purchase for purposes that are predominantly neither your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires. You can find a detailed description of your right of cancellation and its provisions on our website at Right of withdrawal.
9. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or not contacting us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10. Warranties and guarantees
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the German purchase law (§§ 433 ff. BGB).
If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery.
In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims
In the event of defects, we provide a warranty of our choice through rectification or replacement delivery (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of an intentional or grossly negligent breach of duty,
in the case of a guarantee promise, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
12. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find at ⇒ https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13. Final provisions
Should one or more provisions of these general terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.
If you are a businessman, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Applicable from: February, 2020