TERMS AND CONDITIONS OF USE
As with all terms and conditions, these get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your e-shopping experience and make it as easy and secure as possible.
The terms and conditions apply to the use of the SHOP.FLYBGD.COM website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites.
If you have any queries relating to our terms and conditions, please contact the BGD sales team firstname.lastname@example.org before placing an order.
1°/ GENERAL INFORMATION
SHOP.FLYBGD.COM is the website of Bruce Goldsmith Design GmbH, Am Gewerbepark 11, 9413 St Gertraud, Austria. Registered VAT number ATU 67667508. The following terms and conditions will apply between you and Bruce Goldsmith Design GmbH, when you buy an item from SHOP.FLYBGD.COM. The terms do not affect your statutory rights.
- Your contract for purchases made through SHOP.FLYBGD.COM is with Bruce Goldsmith Design GmbH and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
- You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
- You warrant that all details you provide to Bruce Goldsmith Design GmbH for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- You agree that e-mail can be used as a long-distance means of communication.
- During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from SHOP.FLYBGD.COM under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform Bruce Goldsmith Design GmbH as soon as possible.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Bruce Goldsmith Design GmbH tracks the electronic ‘fingerprints’ of every order placed on SHOP.FLYBGD.COM to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.
- Bruce Goldsmith Design GmbH reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if :
- you fail to make payment to us when due
- you breach any of our terms and conditions
- when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on SHOP.FLYBGD.COM
2°/ YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
- When placing an order, you agree that any and all information given is accurate and complete.
- All orders are subject to acceptance and product availability.
- If SHOP.FLYBGD.COM does not have enough stock to deliver the goods you have ordered, you will be contacted and given the choice that we reimburse the funds paid by your credit card or the payment remains your credit until the items are back in stock and ready to be despatched.
- All prices listed on SHOP.FLYBGD.COM are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
- No contract for the sale of any product will exist between you and SHOP.FLYBGD.COM until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
- This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
- You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
- If your order has not been accepted, you will receive an email from us telling you the reasons why.
- We aim to cover all areas with our Express service, but unfortunately it cannot be guaranteed in certain areas.
- The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
- If your delivery address is outside of the Austria, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- Please note international shipments may be subject to cross-border inspections by customs authorities.
- Prices quoted are based on Austria delivery. For non-Austria deliveries local tax will apply and the price may be adjusted at checkout.
- SHOP.FLYBGD.COM accept MasterCard, Visa and American Express
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay.
6°/ CANCELLING AN ORDER/RETURNS PROCEDURE
- If you haven’t submitted an order, you may clear the items in your shopping basket at any time.
- If you have placed an order but then wish to change or cancel it, please contact us as soon as you can, as orders move rapidly through to our warehouse. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.
- Once we've heard from you that you wish to cancel an order, any sum debited to us from your credit card will be re-credited to that credit account or reimbursed to by bank transfer within 14 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to SHOP.FLYBGD.COM, unless the return is as a result of an error on our side.
- You will have to pay the costs of sending the order back to us.
7°/ CONTRACT CANCELLATION
- You can cancel this contract if you so wish, provided that you exercise your right to do so within fourteen working days after the day on which you receive the products.
- If you wish to cancel your order, please follow the procedure set out in our Returns procedure.
- SHOP.FLYBGD.COM will not pass on your personal, credit or debit card details to any third party.
9°/ DISPUTE RESOLUTION
- If you have a dispute with SHOP.FLYBGD.COM, we’ll always try to sort things out if you contact our sales team email@example.com.
- We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on SHOP.FLYBGD.COM is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
- We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
- The products sold on SHOP.FLYBGD.COM are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from SHOP.FLYBGD.COM.
- We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
- Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
All rights, including copyright, in the content of the SHOP.FLYBGD.COM web pages are owned or controlled by Bruce Goldsmith Design GmbH. In accessing SHOP.FLYBGD.COM web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the SHOP.FLYBGD.COM web pages for any other purpose whatsoever without the prior written permission of Bruce Goldsmith Design GmbH.
12°/ THIRD PARTY INFORMATION
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Bruce Goldsmith Design GmbH products are those stated on the BGD material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.
13°/ ENTIRE AGREEMENT
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Bruce Goldsmith Design GmbH and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Austria and you irrevocably submit to the exclusive jurisdiction of the courts of Austria.