TERMS OF SERVICE

Scope and provider 

1. These terms and conditions apply to all orders you place at the online Store McFly-Boosting GmbH / Korneuburger Strasse / 2103 Langenzersdorf / Managing Director: Jürgen Ertl make. 

2. The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years. 

3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted. 

4. Contract language is German and English. 

5. You can change the currently valid terms and conditions on the View and print website. 

Conclusion 


1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

2. By clicking on the button ["order now for payment" / "buy"] you make a binding purchase offer (§ 145 BGB). 

3. Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.

4. A purchase contract for the goods is only concluded if we expressly declare the acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express acceptance. 

Prices

The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. 

Payment terms; Delay 

1. Payment can be made either by: Paypal or Online transfer. 

2. We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment. 

3. When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter. 

Offsetting / Retention 

1. You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship. 

Delivery; Retention of Title 

The goods remain our property until full payment of the purchase price. 

We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. 

We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility. 

Cancellation 

In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions. 

Withdrawal

You have the right to withdraw from this contract within fourteen days, giving reasons. 

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. 

To exercise your right of withdrawal, you must contact us 

Firma: McFly-Boosting GmbH
Adresse: Korneuburger straße 2-4, 2103 Langenzersdorf
E-Mail: office.ertl@gmx.at
Telefon: 0664/2611368

by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. 


Consequences of the cancellation 

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction. 

Model withdrawal form 

If you want to revoke the contract, please fill out this form and send it back. 

To

Firma: EarlMcFLy
Adresse: Korneuburger straße 2-4, 2103 Langernzsdorf
E-Mail: office.ertl@gmx.at
Telefon: 0664/2611368


I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the  following goods (*): [.........]
Ordered at (*)/got it at (*): [.........]
Name of the consumer (s): [.........] 
Address of the consumer (s): [.........] 

Signature of the consumer (s) (only when notified on paper) 

Date [.........]

(*) Delete as appropriate. 

End of revocation 

1. The right of withdrawal does not exist for already used services. 

3. Please e-mail us before returning to announce the return.


Warranty 

1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB). 

2. If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - deviating from the statutory provisions - is one year. This restriction does not apply to claims based on damages arising from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.


Liability 

1. Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons. 

2. In addition, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to our vicarious agents. 

Alternative Dispute Resolution 

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform is accessible via the external link https://ec.europa.eu/consumers/odr/.

We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure. 

Final Provisions 

1. Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise. 

2. Exclusively Austrian law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law. 

Status: Juli, 2019

Copyright: McFly-Boosting GmbH, www.mcfly-boosting.at, office.ertl@gmx.at, Korneuburger Straße 2-4, 2103 Langenzersdorf, 0664/2611368