1.Introductory Provisions
These General Terms & Conditions specify the mutual rights and obligations of the Seller and the Customer (hereinafter also the “Buyer”) arising from the contractual relations concluded with the sale of the Seller’s JETFLY products, a catalogue of which is available on the website jetflygeek.com (hereinafter also the “Website”), in the form of motorized JETFLY SURFBOARDS, JETFLY ELECTRIC SURFBOARDS, JETFLY GASOLINE SURFBOARDS and others (hereinafter the “Goods”). The provisions of these General Terms & Conditions constitute an integral part of a purchase contract. These General Terms & Conditions (hereinafter also the “GTC”) apply in particular (but not exclusively) to the purchase of Goods in a brick-and-mortar store or a brick-and-mortar shop. These General Terms & Conditions will apply by analogy to the sale of Goods by the Seller in another method, i.e., as part of a purchase contract not concluded by means of distance communication. The general terms & conditions of the Seller’s e-shop, available, inter alia, on the Website, apply to contractual relations arising from a distance contract, i.e., a contract concluded by means of distance communication. These GTC do not apply to contracts concluded by means of distance communication, even if the conclusion of the purchase contract (ordering the Goods and order confirmation) takes place by means of distance communication and the delivery of the Goods takes place subsequently in a brick-and-mortar shop.
The Customer will read and understand these General Terms & Conditions before placing an order and to confirm this fact when concluding a purchase contract with the Seller, at the latest when accepting the Goods.
Any provisions deviating from these GTC may be agreed in an individually concluded purchase contract, i.e., concluded in another method than provided for in these GTC. Any deviating provisions in such an individual purchase contract take precedence over the provisions of these GTC.
The Seller under these GTC is the following company:Shenzhen Tianyun Geek Technology Co., Ltd.
Tax ID number: 91440300MA5GW3L07F,
registered office: NO.96,Yangyong Road,Tangxiayong community,Yanluo Street, Bao 'an district,Shenzhen, P.S:518127
The Seller reserves the right to amend, supplement or alter the wording of these GTC.
2.Definitions of Basic Terms
“Consumer” means a natural person who concludes and performs a contractual relationship outside their trade, business, or profession.
“Consumer Contract” means a contract in which a Consumer acts as the first party and the Seller as the other party.
“Natural person engaged in business” means a person who concludes and performs a contractual relationship as part of their trade, business, or profession.
3.Information About Goods and Prices
The Seller’s catalogue of Goods is available on the Website and contains information about the products, their prices and main features. All images used are for illustrative purposes only. Detailed information will be given to the Buyer by the Seller prior to the conclusion of a purchase contract. Information about the purpose and use of a product is also contained in the manual for each product and in the WAIVER document for each product, while the WAIVERs constitute an annex to these GTC as set out below.
Based on the catalogue or information from the Seller, a Customer selects the Goods available at the Seller’s shop or in stock (the type of the Goods, the colour design, the type of pads, the right/left placement of pads and straps in the case of a JETFLY, depending on the Seller’s stock availability. If the Buyer has individual requirements for a particular type of Good (color design, etc.), the Buyer is referred by the Seller to the e-shop at jetflygeek.com to make their selection, configuration and enquiry.
The Seller’s offer of Goods includes information about the price, about whether the Seller is a VAT payer, and about whether the price is quoted exclusive or inclusive of VAT.
The price does not include shipping costs. The Customer will collect the Goods in person, in which case the Customer is responsible for the shipping costs to the place of delivery. If the Customer refuses to take delivery of the Goods in person, the method of transport will be selected primarily by the Seller, unless otherwise agreed with the Customer, and the Customer will be informed of the shipping costs prior to the conclusion of the purchase contract (if the Customer selects such delivery prior to the conclusion of the purchase contract). In such a case, the Customer will be responsible for the shipping costs.
4.Purchase Contract Conclusion
A purchase contract between the Seller and the Buyer is concluded upon payment of the purchase price for the Goods. The Buyer will then take delivery of the Goods in accordance with Article V of these GTC.
When concluding a purchase contract, the Buyer will confirm that they have read these GTC, and that they agree with their wording.
5.Purchase Price Payment
The Buyer will pay the Seller the purchase price for the Goods purchased by the Buyer, either in cash or by payment card, if the Seller has the appropriate equipment available.
The Seller will issue a invoice for the Goods, which will serve as proof of purchase of the Goods by the Buyer from the Seller.
If the Buyer chooses the option of delivery of the Goods by a means of transport chosen by the Seller under these GTC, the Buyer will also pay the shipping costs in addition to the purchase price of the Goods in accordance with Article III(4) of these GTC. If the Customer does not select the delivery of the Goods in such a way before the conclusion of the purchase contract, the Seller will inform the Customer of the shipping costs without undue delay after the Buyer has selected the method of delivery of the Goods. The Buyer will respond to such estimated costs within two business days at the latest. If the Buyer does not respond to the shipping costs, the Buyer will be deemed to have accepted the costs and will pay the costs on the basis of a tax document issued by the Seller by the due date of such invoice, or on receipt of the Goods in the event of delivery by a carrier selected by the Seller. If the Buyer does not agree to the shipping costs, the Buyer will collect the Goods in person without undue delay after expressing such disagreement, but no later than within five business days.
6.Taking Delivery of the Goods and Documents/Tools Necessary to Use Them
The Seller will preferably hand over the Goods to the Buyer in person at the Seller’s registered office immediately after the conclusion of the purchase contract according to Article IV of these GTC, unless a later date for the Buyer to accept the Goods is agreed between the parties according to the Buyer’s possibilities or needs, or unless delivery of the Goods to a place designated by the Buyer is agreed.
The Buyer acknowledges that the following documents and tools are required to use the purchased Goods:
the manual.
The Buyer will receive the documents under paragraph 2a. and b. of this Article from the Seller at the handover of the Goods, and will confirm their receipt with their signature, either in paper form or in electronic form on the Seller’s equipment designated for this purpose. By signing, the Buyer also confirms that they have been made sufficiently aware of the contents at the handover, that the contents of the manual were communicated and explained to the Buyer by the Seller upon the handover of the Goods, and also that the Buyer undertakes to carefully read both documents.
The risk of damage to the Goods passes to the Buyer upon acceptance of the Goods and documents and tools specified in paragraph 2 in the manner specified in paragraphs 3 and 4 of this Article.
If the delivery of the Goods by a carrier is agreed between the Seller and the Buyer, the risk of damage to the Goods passes to the Buyer upon the handover of the Goods for transport. If there are multiple carriers involved, the risk of damage to the Goods passes to the Buyer when the consignment is handed over to the first carrier.
If the Goods are transported to the Buyer, the Buyer will, upon receipt of the Goods from the carrier, ascertain whether there has been any breach of the packaging indicating unauthorized access to the consignment. If the Buyer finds such a breach of packaging, they are not obliged to accept the consignment from the carrier. By signing the delivery note (or another similar document), the Buyer confirms that the packaging of the consignment containing the Goods was intact or, if the packaging was breached, that the Goods were not accessed and that the Goods were delivered in the quantity and manner as specified in the order and these GTC.
If, for reasons attributable to the Buyer, it is necessary to deliver the Goods repeatedly or in a manner other than that agreed, the Buyer will bear the costs of such delivery. If the Buyer fails to accept the Goods without good reason, the Seller will be entitled to the reimbursement of costs associated with the delivery and storage of the Goods as well as other costs incurred by the Seller due to the Buyer’s failure to accept the Goods.