Terms & Conditions
1. GENERAL
The
general terms and conditions apply to the sales and deliveries of goods from Probuild
Aircraft Ltd. Alternative conditions for the buyer are only valid if agreed in
written form and approved/signed by Probuild Aircraft Ltd. With the placement
of an order, the buyer agrees to the general terms and conditions and is
committed to them. Probuild Aircraft Ltd
Will only
close contracts with natural persons, who are contractually capable without
limitation and who have reached their 18th birthday, and with legal
entities.
All offers are subject to change and are non-binding. The order of the customer
represents an offer to close a sales contract. Our sent acknowledgment of
receipt and any status reports do not represent an acceptance of the offer. The
sales contract is not closed until we deliver the ordered goods and confirm the
customer the dispatch.
Electronic
communication: You agree to receiving order related
communication (e.g. invoice) in electronic form.
2. ORDERING
Ordering is
only possible after a successful login into the customer’s account. When
ordering for the first time, the customer must create a “new customer” account.
For all following orders, the customer can login with the email address and the
password you chose at your first entry.
Consumers: For transactions with consumers in the sense of the UK customer
protection law these general terms and conditions apply insofar so they do not
disagree with the compulsory terms of the customer protection law.
3. CONTRACTUAL LANGUAGE
The contact
of the contract, all other information, customer service, data-information and
complaint handling are ONLY offered in the English language.
4. PRICING
Unless
otherwise noted, all prices are daily market prices “ex works” including the
legal sales tax plus all expenses arising from the dispatch. Changes in price
(through exchange rate fluctuation and technical changes) on the part of the
producer are reserved.
The buyer has to bear the cost of any arising import or export duties.
No sales tax applies for sales with customers outside the EC, but they do have
to bear the respective national import duties.
For sales to businesses within the EC no
sales tax applies after the proof of the UID, however they have to pay the
sales tax of their home country. The announcement of the UID has to be at
placement of the order. The charging is made in Pound Sterling.
5. RIGHT OF WITHDRAWAL
Customers,
who are consumers in the sense of the UK customer protection law, can withdraw
from their purchase/contract within a period of 14 days from the receipt of the
goods. It is sufficient if the declaration of withdrawal is sent within this
period without any statement of reasons.
In the event of a withdrawal, entire or partial reimbursement of the retail
price occurs from delivery versus payment against the deferment of the goods
received from the purchaser.
Condition therefore is that the goods and its packaging are sent back in “as
new” re-sellable condition and in the original packaging.
The costs of dispatch are payable by the customer. If the goods are sent back
not prepaid, we are authorized to charge the amount to your account.
Standard returns
up to 1,20m in length: |
£6 |
Bulky goods fee
for returns longer than 1,20m: |
£5 |
Bulky goods fee
for returns longer than 1,50m: |
£20 |
If the goods
bear traces of usage, the packaging is damaged or accessories (like manuals,
driver CDs, software, ..) are missing, we will charge an adequate compensation
for the loss in value.
There is no right of withdrawal for audio and video recordings (for example
CDs, video cassettes, DVDs) or software, which are unsealed from the consumer,
furthermore services, which were sent online (for example downloaded software)
and goods which were especially ordered from the producer for the customer.
RE-Stocking
Fee
Aircraft up to
1.2m Wingspan |
10% |
Aircraft up to
1.8m Wingspan |
10% |
Aircraft up to
2.5m Wingspan |
10% |
Aircraft up to 4m
Wingspan |
15% |
LiPo Batteries are subject to a 15% restocking fee.
Any and all Items returned will be subject to a 10% restocking fee
Shipping is non-refundable
A £1 Admin fee will be applied to returns ontop of the restocking fee.
Return Shipping
Customers is responsible for return shipping charges, and are non-refundable. Return shipping must be Recorded Delivery.
Please not that all Special Order items ordered by phone or via website are not refundable. Delays may happen with special order items due to shipping and supply, of which we have no control. a rough time will be given on purchase but this can ulter due to unforseen circumstances.
INCORRECTLY
SENT ITEMS
If you order
an item in error, only the price of the returns goods will be refunded (after
possible re-stocking fees) we will not accept back items that are not in as new
condition,
It is not
impossible that our staff will send and incorrect item by mistake. We apologise
if this rare occurrence happens. If this case does happen please return the
item as soon as possible (shipping is at cost to customer and will not be
refunded). We will dispatch replacement to you or a refund excluding all
shipping costs.
6. DELIVERY
The costs
and risks of transport are the responsibility of the customer.
Services/delivery: The right to alter an offer from Probuild-uk.co.uk at any
time is reserved by Probuild Aircraft Ltd. The prices of the deliveries and
services offered from Probuild-uk.co.uk do not contain costs which are invoiced
from third parties.
If all ordered goods are not immediately available, the available products are
sent immediately and the others are delivered as soon as they are available or
refunded. Cost of dispatch is separately charged.
The delivery is made by the Royal Mail and/or UK Mail. Goods, which are not
allowed to be sent because of their composition (dangerous),Dangerous goods
cannot be sent out of the UK and may incur additional shipping fee.
All missing
or damaged shipments must be reported to the shipping company or post office
that delivered your package, otherwise a replacement cannot be made.
For all
deliveries outside of the EU: your local customs office can inform you about
the import & customs fees.
INSPECT CAREFULLY
FOR SHIPPING DAMMAGE UPON RECEIPT.
Signature is
required on all aircraft shipment. Once a shipment has been accepted, the
carrier will not accept any claim for shipping damage, and neither will
Probuild Aircraft Ltd. We Take all possible precautions to insure that the
goods are intact and well packed prior to shipping, but shipping damage can
still happen. Should a claim need to be filed, we need to be notified within 24
hours of delivery, please send photographic evidence that accompanies advice of damage.
7. DELIVERY TIME
The delivery
normally takes place within 1-5 workdays from the confirmation of the order,
but in any case within the compulsory delivery time of 30 days from the order
date.
If a delivery is exceptionally delayed, we will contact you immediately as soon
as we learn from the delay, but within the period of 30 days, and get your
consent for a later delivery.
The consumer has to accept insignificant exceeding of the time of delivery,
without being entitled to get compensation or to withdraw from the contract.
8. PAYMENT, METHOD OF PAYMENT
Terms of
payment: Pro-Forma. Place of payment is the business location of the company Probuild
Aircraft Ltd. A delivery on open account is possible for regular domestic
customers with a high degree of creditworthiness.
Probuild Aircraft Ltd. offers its customers highest comfort at shopping and
paying.
The payment by credit card (worldwide) is possible. Probuild Aircraft Ltd.
reserves the right to not accept credit card payment from non EU-countries.
We accept Paypal, Eurocard/MasterCard, Visa, cash on delivery and prepayment.
We use Paypal to take all credit card payments, whereby your data are protected
against unauthorized access.
The debiting of your account takes place at the date of the delivery of the
goods.
Link to: Information concerning credit card payments
How does the credit card payment work?
You select the credit card payment. Enter the credit card holder, the 16-digit
card number and the validity date. Select month and year, you can find both
numbers on your credit card. Click next and finished!,
www.visa.co.uk www.mastercard.co.uk
Claims of customers against us are not allowed to be assigned without your
explicit written consent. Justified reclamations not entitle to withhold the
full amount, but only an adequate part of the invoice.
10. DATA PROTECTION
Our staff
members are sworn to secrecy due to the Data Protection Law. In addition, any
customer data communication that took place is subject to the secrecy.
Routing- and domain information have to be and are allowed to be passed
on.
The customer agrees to the using of his facts according to the contract for our
bookkeeping and our customers administration.
The customer accepts that his data stated in the contract are used and saved
for the purpose of accounting and customer evidence.
The data are used to satisfy laws and regulations and for the payment
transaction.
Customer data are not passed on to third parties, unless this is necessary for
the transaction.
Our contractual partners are informed about data protection regulations and are
bound to us.
For any further questions please contact the information centre for data
protection information, general questions, complaints, etc.:
sales@probuild-uk.com
11. RESERVATION OF PROPRIETARY RIGHTS, WARRANTY, LIABILITY, GUARANTEE
The ordered
goods are our property until the complete payment. Before this the customer is
not allowed to mortgage and to hedge the goods or to entitle third parties.
Since 1.1.2002 the warranty is limited to the compulsory period of 24 months.
Arising defects are to be announced at the delivery or at the appearance
-
without having negative legal effects to clients, who are customers according
to the Customers Protection Law. If the defect is legitimated and rejected we
will choose between corrections, reduction of price or replacement free of
charge, for what an adequate time period is fixed.
If the purchase is a commercial transaction (B2B) in the sense of § 1 Customer
Protection Law (377 paragraph 1 commercial code) for the customer, he has to
examine the goods immediately after the receipt and to inform us without delay
about any defects.
Probuild Aircraft Ltd. is only liable for defects with premeditation and gross
negligence, with the exception of damage to persons.
The injured person has to prove the existence of slight or gross negligence,
unless it is a consumer transaction. The compensation of consequential harm
caused by a defect, other physical loss, and loss of property and damages of
third party against the customer are impossible.
Probuild Aircraft Ltd as operator of probuild-uk.co.uk performs its services
with greatest care, but is not liable for services, which are provided from
third parties.
Recourse receivables from product liability in the sense of the Product
Liability Law from contractual partners or third parties against us are
impossible, unless the beneficiary of the recourse prove that it was a mistake
with gross negligence in our sphere.
The warranty is subject to the manufacturer’s terms and is described in the
enclosed warranty card (if provided).
12. APPLICABLE LAW, PLACE OF JURISDICTION
The
contractual partners stipulate the use of UK right, as far as no compulsory
regulations are opposed.
If the contractual partner is a consumer, then the compulsory regulation of the
law of the county, in which he has his general residence, must be applied.
For disputes from the contract with entrepreneurs, our business location is
agreed as the place of jurisdiction. If the contractual partner is a consumer,
he can take legal actions against Probuild Aircraft Ltd or in the country in
which he has his residence.
If he had his residence in UK at the date of the conclusion of the contract, he
can only bring suit in the UK.
13. PLACE OF DELIVERY
For all
deliveries, services and payments the place of fulfilment of the contract is
the business location of your company.
14. COPYRIGHT
All news,
pictures and the design of Probuild Aircraft Ltd website are just for personal
information for our customers. The use is carried out at one’s own risk. All
dates of this offer is protected by §4 and §§87a ff of the copyright law.
The reproduction, copying and the print of the website are only allowed for the
purpose of an order. Every other handling, duplication, copying and/or public
reproduction exceeding normal use violates the copyright.
16. OTHER
The
inoperativeness, invalidity, nullity and cancellation of single regulations do
not prejudice the other regulations of these general terms and conditions.
The UN purchase law and all regulations that refer to it are explicitly
excluded.
17. REPAIR/SERVICE COST ESTIMATES
The customer
may be responsible for the cost of preparing a repair estimation. If the
customer decides not to have their product repaired, they will be charged for
the cost of preparing the estimate. The repair estimate itself is not
binding.