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Home > Terms of Service

Terms of Service

Date of publication: 30.03.2020


§ 1

Preliminary Provisions

 

The WINGSTORE online store is available at https://wingstore.aero, based in Luxembourg, 18, route de Consdorf L-6230 Bech

Mwst id: LU23052212,

Phone: + (0049) 15736857170.

These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for using the Online Store and the rules and procedures for concluding  Sales Agreements with a Customer distantly through the Store.

 

§ 2

Definitions

 

  • Seller - WINGSTORE, Luxemburg, 18, route de Consdorf, L-6230 Bech
  • Customer / Buyer - any entity making purchases through the Store. The customer can buy goods online offered by us by completing the order form available on our website. By placing an order, the Customer confirms that he is over 18 years of age and that all information provided is accurate, complete and does not mislead the Seller.
  • Entrepreneur - a natural person, a legal person and an organizational unit which is not a legal person, to which a separate Act grants legal capacity, carrying out on their own behalf a business activity that uses the Store.
  • Store - an online store run by the Seller at the Internet address https://wingstore.aero
  • Distant contract - a contract concluded with the Customer as a part of an organized system of concluding distant contracts (as a part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distant communication, inclusive of the contract conclusion.
  • Regulations - these Regulations of the Store.
  • Order - the Customer's declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller. You do not need to register on our website to be able to make purchases in our online store. After submitting your order, you can update it. All orders are subject to our acceptance at our discretion.
  • Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by them in the Store.
  • Registration form - a form available in the Store that allows you to create an Account.
  • Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • Cart - an element of the Store's software in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  • Product - the item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  • Sales Agreement - a Product sales agreement concluded or to be concluded between the Customer and the Seller via the Online Store.

 

§ 3

Contact with the Store 

• Seller's address: Luxemburg, 18, route de Consdorf, L-6230 Bech

• Seller's e-mail address: info@wingstore.aero

• Seller's telephone number: + (0049) 15736857170

• The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.  

§ 4

General information 

1.                 The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.

2.                 Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 5 of the Regulations or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.

3.                 Prices given in the Store are given in EURO. Prices include VAT, unless otherwise stated, but do not include delivery charges, customs and other taxes, if applicable (there are no additional taxes or duties in the EU). All prices are subject to change without notice.

4.                 The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including in the moment of expressing the will to be bound by the Sales Agreement.

5.                 Products made to special order (jumpsuits, containers, parachutes, etc.) require individual quotation. In order to place an order, please contact the Seller, providing your dimensions, selected options, colors, etc. accordingly. In response, the Seller will send an offer including the shipping cost and approximate delivery date.

6.                 The Seller is not responsible for color differences between the pictures of the assortment and the currentstate. Differences in color reproduction result from the ability to reproduce colors on a given digital device (computer monitor or telephone display). It is different for everyone.

 § 5

Creating an Account in the Store 

1.                 To set up an Account in the Store, please complete the Registration Form.

2.                 Creating an Account in the Store is free.

3.                 Logging into the Account is done by entering the login and password set in the Registration Form. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.  

§ 6

Order placement rules 

In order to place an Order:

1.                 Log in or use the option of placing an Order without registration.

2.                 Select the Product that is the subject of the Order (in some cases, specify its color, size, etc.) and then click the "Add to Cart" button

3.                 If the option of placing an Order without registration has been selected - complete the order form by entering the recipient's details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data if different from the recipient's.

4.                 Click 'Order and pay' then make the payment, unless the Cash on Delivery' option has been selected. 

§ 7

Offered delivery and payment methods, customs and taxes 

1.                 The Customer may use the following methods of delivery or receipt of the ordered Product:                   

a. DHL courier                   

b. InPost parcel lockers (only in Poland)

2.                 The customer can use the following payment methods:                   

a. Payment on delivery (COD)                   

b. Payment by bank transfer to the Seller's account: wire transfer                   

c. PayPal payment                   

d. Payment by credit card

3.                 Full payment for the order (including product price and applicable delivery fees) must be paid before the completion of the order. Additional charges may apply for credit card and PayPal payments. Delivery will start after the payment has been processed / confirmed. Large transactions may require additional control and we will require confirmation of key details before proceeding with the order. In that case, we will contact you. In some cases, this may delay your order.

4.                 Our website may contain errors such as incorrect prices, incorrect descriptions and product offers that are not available. Notwithstanding any other provisions of these terms, to the extent permitted by law, we may reject or cancel any orders in which an error has occurred, even if the order has been confirmed and the payment has been received. If the payment is made and we cancel the order, we will notify you and refund you fully.

5.                 We send goods to all countries in the world. Shipping cost is given depending on the location. If your location is not in our price list, please contact us to determine the amount. The delivery price depends on the destination, weight and shipping method.

6.                 Do not refuse shipments or ignore carrier requests for customs duties and / or tax obligations. Remember that most carriers will stop the shipment max. up to 7 days after arriving in your country before returning it to the sender.

7.                 The recipient of an international shipment from outside the EU may be subject to customs brokerage fees, customs duties, and taxes once the shipment arrives at its destination. Additional charges are the responsibility of the recipient because we have no control over the charges imposed by the government and we are unable to determine what amount they can be. Customs policy varies considerably between countries. Contact your local customs office for information.

8.                 To avoid delays in receiving your order from customs, please: provide us with the phone number at which you can be contacted. This phone number will be listed on your commercial invoice so the customs can contact you regarding the collection of your order.  


§ 8

Sales contract fulfilment

 

 1.           The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2.            After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for completion. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the submission of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.            If selected by the Customer:

a. Payments by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement - otherwise the Order will be cancelled.

b. Payment on delivery , the customer is required to make the payment on delivery (COD).

4.            The product will be sent by the Seller within the time limit indicated when purchasing the items and in the delivery option chosen by the Customer when placing the Order.

5.            In the case of ordering Products with different delivery times, the Customer may request delivery of the Products partially or provide all Products after completing the entire order.

6.            The beginning of the delivery period of the Product to the Customer counts as follows:

a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

 b. If the Customer chooses the method of payment on delivery - from the date of the Sales Agreement,

7.            Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Product delivery costs (including transport fees, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, and also when the Customer wishes to be bound by the Sales Agreement.

§ 9

Right of withdrawal from the agreement, return of goods

 

1.                 The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.

2.                 The time limit specified in section 1 begins with the delivery of the Product to the Consumer.

3.                 The statement may be sent by fax or electronically by sending the statement to the e-mail address of the Seller.

4.                 We will gladly exchange the item or refund the purchased item, provided that the following conditions are met:

                    a. Products will be returned within the deadlines (14 days) from the date of purchase to the following address:

Kristof Kiebala

Wielandstr. 1

02826 Görlitz

Deutschland

 

Return address for customers from Poland:

 

Krzysztof Kiebała

ul. Wincentego Pola 35A,

58-500 Jelenia Góra

POLAND

 

                    b. Items must be returned in the original packaging in which they were purchased, with all tags, labels, instructions, spare parts attached without any signs of use (scratches, dirt, damage, greasy stains, dandruff, hair, animal hair, etc.). Clothing cannot be worn.

Please send the products back via DHL 

5.                 If you return products that do not meet the above requirements, we will return them to you at your expense.

6.                 The right to withdraw from a distant contract is not entitled to the Consumer in relation to the Contract:

                    a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs (items made to order).

                    b. in which the subject of the service are sound or visual recordings delivered in a sealed package, if the package was opened after delivery.

7.                 The customer is responsible for reducing the value of the product (s) as a result of using the product, for which they may be charged.

8.                 Return shipping costs when exchanging goods (eg resizing if necessary) must be paid by the buyer.

9.                 Effects of withdrawal from the Agreement:

                    a. In the event of withdrawal from a Distant Contract, the Contract is considered null and void.

                    b. In the event of withdrawal from the Agreement, the Seller shall immediately refund the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement. Seller may withhold reimbursement until receipt of the Product back.

                    c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction.

 

§ 10

Complaint and warranty

 

1.                 Only new products are subject to complaints and warranty.

2.                 The Seller is obliged to provide the Customer with a product free from faults.

3.                 In the event of faulty goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.

4.                 Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.

5.                 It is recommended that the complaint among others include brief description of a defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in relation to the faulty goods.

6.                 The Seller shall respond to the complaint request immediately, no later than within 14 days.

7.                 Goods returned under the complaint procedure should be sent to the following address:

 

Kristof Kiebala

 Wielandstr. 1

02826 Görlitz

 Deutschland

 

Return address for customers from Poland:

 

Krzysztof Kiebała

ul. Wincentego Pola 35A,

58-500 Jelenia Góra

POLAND

Please send the products back via DHL

8.                 The User may submit complaints regarding the functionality of the Platform.

The complaint should include:

         • user data,

         • subject of the complaint,

          • circumstances justifying the complaint,

          • user’s claims in regards of the complaint.

Complaints may be submitted by e-mail to the Administrator's e-mail address, i.e. info@wingstore.aero.

The administrator shall consider the complaint within 14 days from the date of receipt of the complaint. They will notify you of their decision in the same way as they have received the complaint.

 

§ 11

Personal data and their protection in the Online Store

 

WINGSTORE provides the best possible protection for its Clients' personal data.

 

1.                 The administrator of personal data of Customers collected through the Online Store is the Seller. All personal data provided during registration are stored in the electronic form.

Personal data provided to us by the customers of the www.wingstore.aero store are processed and used only for:

     • order processing

     • if the customer agrees to inform about new products, services and promotions offered by the    www.wingstore.aero store.

2.                 Personal data will only be collected by us if you provide it voluntarily to process your order.

3.                 When processing the order, we pass your data only to the shipping company entrusted with the delivery, to the extent necessary for the delivery of goods.

4.                 When paying by credit card via PayPal or debit card via PayPal, we transfer payment data to PayPal (Europa) S.à r.l. & Cie, S.C.A, with its registered office at 22-24 Boulevard Royal, L-2449 Luxembourg, to process the payment.

5.                 Personal data are not shared with other entities for marketing purposes. Every customer has the right to access their data and correct them - at http://www.wingstore.aero, each customer after registering has an access to their data and can change them. The personal data entrusted to us are stored and secured in accordance with the principles set out in the applicable law.

6.                 You have the right to correct, refuse access or delete your data at any time. For this purpose, please contact us at: info@wingstore.aero.


§ 12

Final Provisions

 

1.                 The Regulations commence on the day they are published on the Platform.

2.                 The customer has the right to use extrajudicial means of dealing with complaints and claims. They may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

3.                 The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The customer is obliged to read the regulations each time to be up to date with any changes. In the event of a change, the amended Terms and Conditions only apply to goods ordered via the website after the change comes into force.

4.                 In matters not covered by these Regulations, generally applicable law shall apply.

5.                 We have the right to cancel the order if we believe that the customer has misled us or otherwise violated applicable law, even if the order has been confirmed and the credit card charged. If the customer's credit card is charged for the purchase and we cancel the order, the customer will be notified and the amount refunded, reduced by delivery costs and applicable taxes and duties, at our discretion.

6.                 All goods are offered for sale depending on available stock. If the product is not available, we can contact you to offer a compatibleproduct. If you do not accept a replacement product and your payment is for a product that is not in stock, we will cancel your order and issue a refund.

7.                 We strive to send orders within 1 working day of purchase. Most orders should arrive within 3 to 10 working days of shipping, depending on the destination. It is your responsibility to inform us immediately if your order does not arrive by sending an email to info@wingstore.aero. When we find out that the order has not arrived within a reasonable time frame, we will send an enquiry to the courier and inform you of any problems found.

8.                 We are not responsible for any loss or damage arising from delayed or lack of delivery, and delayed delivery does not entitle you to cancel your order. We will do our best to notify you of the delay and its expected duration. If we are unable to fulfill our obligations for more than a reasonable time, we may decide to cancel the order without further liability.

9.                 You can choose a delivery address other than the billing address. If the courier does not find you at the designated address, he will try to deliver the package the next day. Usually the courier leaves a ‘attempted delivery notice’. It is the Customer's responsibility to contact the courier directly to arrange re-delivery. We are not responsible for any loss or damage arising from failure to contact the courier within the time limit specified in the notice left by the courier at the time of delivery.

10.               To the extent permitted by law, under no circumstances shall we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any kind related to or arising from the supply of goods or services through our Store or the use of such goods or services by any person, including, but not limited to, lost profits or savings, damage or loss of property or injury (including death), even if we are clearly informed of the possibility of such damage. This disclaimer applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.

 

If you are reading this it means that you have read the entire regulations! We are proud of you :-)

Enjoy your shopping and blue sky!