Terms and Conditions
General Terms and Business Conditions for the Online-Shop SV1AFN.com
SV1AFN.com Business Owner:
Smart Flying Machines SMPC
Markopoulo Industrial Zone,19003 Attica GREECE
VAT No. EL 801940417
Business Reg. No 166671401000
Bank Account:
Eurobank
IBAN: GR6202600260000910202479233
Swift: ERBKGRAA
Account Holder: Smart Flying Machines SMPC
Our shop is online, there is no physical shop to visit.
We sell new electronic components and products in DIY KIT form or ready made and tested.
Currency: We accept payments in Euros
Payment method: We accept Paypal, Stripe and Bank transfer.
Shipping: We can ship with Hellenic Post and with DHL Express. The shipping cost is automatically calculated during checkout and includes a small handling fee. The delivery time with Post is normaly 10-12 days for USA, Canada, less than a week for Europe. The parcel is registered and signed upon delivery with tracking info. We send email with the receipt or invoice, filled with the tracking details.
Returns: We accept returns for replacement or refund, please contact us for details.
SV1AFN.com designs offered here cannot be used for life support or other critical applications.
No responsibility is accepted by us, for any death or injury, however sustained, directly or indirectly, through the operation or use or construction of our products.
No responsibility is accepted by us, for any damage or loss, in matter or money or business opportunity, through the operation or use or construction of our products.
§ 1 General / Preface
All contractual relationships between customers (hereinafter “Customer”) and the Online-Shop/Web-shop from SV1AFN.com (hereinafter “SV1AFN.com”) and any use of the SV1AFN.com website are subject to the following General Terms and Business Conditions for the Online-Shop (hereinafter “Terms and Conditions” or GTB). These GTB have become, unless otherwise agreed at the time of closure of the contract between the Customer and SV1AFN.com, or in the individual case something else have become effective in writing, are valid.
Deviating terms and conditions of the customer are expressly rejected, although this is not explicitly stated again within an order / order confirmation, unless it was otherwise agreed in writing between the parties.
SV1AFN.com may not accept and reject any orders, if they are obviously intended for any use which is prohibited by national or international laws and regulations. This is especially true, when the requested goods are controlled by any Hellenic, European, US or any other international export control regimes.
SV1AFN.com will not process any purchase orders if the given information is incomplete, insufficient or not trustworthy.
§ 2 Pricing, Supplies
All prices published in the SV1AFN.com are given with the VAT included (Greek VAT is currently 24%) and also shown without the VAT added.
The VAT is calculated at the checkout process and includes the items bought net price and the shiping & handling cost.
Businesses within the EU can select “Invoice” during checkout for VAT deduction, i.e., the invoice will be issued with zero VAT.
Individuals from all the EU countries need to pay the VAT and when SV1AFN.com will be obliged to establish a business VAT registration in their country member of the EU, they will be charged with their local VAT rate. This means, the VAT rate will may be different to match their country’s VAT rate if SV1AFN.com get registered in this country.
Individuals and companies outside of the EU (USA, Canada, Australia, Asia and the rest of world) are excluded from VAT and it is not applied to the total price. Attention, local import tax or other expenses are not included in the price. Shipping with DHL will include a customs export declaration fee.
The (single unit) prices are always based solely on the specific product offered in the described configuration and with the described software / firmware. Any changes to the product hardware and/or software can lead to other prices.
All offers are only valid while stocks last. Mentioned delivery schedules are based on the current stock conditions of SV1AFN.com and the information provided by our suppliers. Delivery schedules may deviate due to availability of precursor supplies.
§ 3 Technical Specification, Performance and Support
The products offered by SV1AFN.com conform to the specifications in the respective data sheets for the products in force at the time of the order. The data sheets are – if not SV1AFN.com products – created by the suppliers of SV1AFN.com. SV1AFN.com accepts no liability for the validity of this information. Changes in data sheets can continuously take place even without separate notice.
The properties of the offered software/firmware are generally given in the data sheets and at the offered extent. The same applies for the offered development tools.
SV1AFN.com does not warrant that the products offered, if necessary, need adjustments to be integrated into the customer’s system without further, possibly additional fees.
The support for the products is limited to the information necessary for a professionally trained customer. It comprehends statements about the acquired products and its use, but usually not a complete system integration support.
§ 4 Contract
As part of the Customers order the Customer agrees to these Terms and Conditions, he will be referred to the cancellation policy, which can be at this point, printed and saved. The declarations and regulations of the GTBs are becoming an integral part of the contract and are accepted by the customer during the order process. The binding contract is made effective upon the receipt of our order confirmation, where these GTBs and the revoke instructions are attached again.
The transmission of the order confirmation is sent to the specified customer e-mail address.
In case that after the customer’s order, the product is no longer available, SV1AFN.com will not confirm the order, so that no contract is closed. The customer will be informed separately about this fact.
§ 5 Delivery and Shipment
Delivery is at the expense of the customer and with regard to the customer’s delivery address named in the order.
Any import duties / federal or regional taxes or taxes for deliveries abroad are at the customer’s responsibility. SV1AFN.com provides all relevant documentation required for such deliveries.
Please note: Service availability is at regular working days in Greece, taking into consideration of local holidays or strikes or severe weather conditions etc. The parcels are getting prepared every morning and include previous evening to same day’s morning placed orders.
§ 6 Limitation of Liability
6.1 Subject to the exceptions specified below, we shall not be liable in the case of breach of duty arising from the obligation undertaken, especially not for claims by the customer for damages or reimbursement of expenses, for whatever legal reason.
6.2 The above exclusion of liability according to para. 6.1 shall not apply if statutory liability is mandatory, and:
– in the case of own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;
– in the case of violation of material contractual obligations. “Material contractual obligations” are obligations that protect the legal positions of the customer which have to be specifically granted to the customer under the contract in terms of subject matter and purpose. Material contractual obligations are furthermore contractual obligations, the fulfilment of which makes the due performance of the contract possible at all in the first place, and where the customer has regularly relied on and may rely on compliance with such obligations;
– in the event of injury to life, limb and health, also caused by legal representatives or vicarious agents;
– in the case of default if delivery and/or service by a fixed date was agreed;
– where we have assumed a guarantee for the quality of our goods or the existence of an outcome of performance, or a procurement risk within the meaning of Section 276 BGB;
6.3 If we or our vicarious agents are responsible only for slight negligence and none of the cases specified in bullet points above exist, we shall be liable, in the case of violation of material contractual obligations as well, only for damage typical for the contract and for foreseeable damage.
6.4 Our liability is limited in amount for each individual event of damage to a maximum liability coverage of EUR 1,000.00. This shall not apply if we or our vicarious agents are responsible for fraudulent intent, intent or gross negligence, for claims due to injury to life, limb or health, and in the case of a claim based on an unlawful act or an expressly assumed guarantee or the assumption of a procurement risk according to Section 276 BGB or in cases of different higher liability coverage prescribed by law. Any further liability shall be excluded.
6.5 Exclusion resp. limitation of liability according to para. 6.1 to 6.4 above and para. 6.6 shall apply to the same extent for the benefit of our bodies, our executive and non-executive employees and other vicarious agents as well as our sub-contractors.
6.6 There is no connection between the reversal of the burden of proof and the foregoing stipulations.
Any shipping damage must, if it is visible at the handover to the customer, declared at the freight carrier (shipping company or parcel service). In the case of transport damage, SV1AFN.com is entitled to deliver the goods again within a reasonable time. The same applies in the event, that the product is vitiated by an error. Withdrawal from the contract due to a defect is only possible after a failed replacement trial.
The customer is obligated to inform SV1AFN.com immediately of any defect by e-mail.
§ 7 Obvious defects, defect rights, limited warranty
The products supplied by SV1AFN.com must never be used for life-assurance, life-sustaining, life-supporting, surgical products and / or human implants without prior written consent of SV1AFN.com.
Any shipping damage must, if it is visible at the handover to the customer, declared at the freight carrier (shipping company or parcel service). In the case of transport damage, SV1AFN.com is entitled to deliver the goods again within a reasonable time. The same applies in the event, that the product is vitiated by an error. Withdrawal from the contract due to a defect is only possible after a failed replacement trial.
Defective parts or defective services shall be, at the SV1AFN.com’s discretion, repaired, replaced or provided again free of charge, provided that the reason for the defect had already existed at the time when the risk passed.
Claims for repair or replacement are subject to a statute of limitations of 12 months for commercial purchasers (24 months for private individuals) calculated from the start of the statutory statute of limitations; the same shall apply mutatis mutandis in the case of rescission and reduction. This shall not apply where longer periods are prescribed by law, in the case of intent, fraudulent concealment of the defect or non-compliance with guaranteed characteristics.
SV1AFN.com shall be given the opportunity to repair or to replace the defective good within a reasonable period of time.
If repair or replacement is unsuccessful, the customer is entitled to rescind the contract or reduce the remuneration; any claims for damages the customer may have according to last section of this paragraph shall be unaffected.
There shall be no claims based on defect in cases of insignificant deviations from the agreed quality, of only minor impairment of usability, of natural wear and tear, or damage arising after the passing of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective civil works, inappropriate foundation soil, or claims based on particular external influences not assumed under the contract, or from non-reproducible software errors. Claims based on defects attributable to improper modifications or repair work carried out by the customer or third parties and the consequences thereof are likewise excluded.
The customer shall have no claim with respect to expenses incurred in the course of supplementary performance, including costs of travel, transport, labor, and material, to the extent that expenses are increased because the subject-matter of the supplies has subsequently been brought to another location than the customer’s branch Office, unless doing so complies with the normal use of the supplies.
The customer shall have no claim for damages based on defects. This shall not apply to the extent that a defect has been fraudulently concealed, the guaranteed characteristics are not complied with, in the case of loss of life, bodily injury or damage to health, restrictions to liberty and/or intentionally or grossly negligent breach of contract on the part of SV1AFN.com. The above provisions do not imply a change in the burden of proof to the detriment of the customer. Any other or additional claims of the customer exceeding the claims provided for in this paragraph 7, based on a defect, are excluded.
§ 8 Jurisdiction and place of fulfillment
8.1 Place of performance for all contractual obligations and for each delivery is our registered office in Greece, unless otherwise agreed.
8.2 Any disputes shall be settled, if the customer is a business person within the meaning of the Greek law, and unless otherwise agreed, exclusively before a competent court of law at the location of our company’s registered office. For the avoidance of doubt, this jurisdiction regulation shall also apply to such circumstances between ourselves and the customer which can give rise to non-contractual obligations within the meaning of Regulation (EC) No 864 / 2007. We shall also have the right, however, to bring an action against the customer at its place of general jurisdiction.
8.3 The law of the Hellenic Republic, shall apply exclusively to all legal relations between the customer and ourselves, in particular to the exclusion of the UN Sales Convention (CSIG). It is expressly stated that this choice of law is also deemed to be such choice within the meaning of Art. 14 (1) (b) Regulation (EC) No 864 / 2007 and shall, therefore, also apply to non-contractual obligations within the meaning of this Regulation. If the application of foreign law is mandatory in individual cases, our General Terms and Conditions shall be interpreted as meaning that the economic intent pursued by them is preserved to the maximum possible extent.
