Terms of service

1. Scope of application

1.1 These general terms and conditions (Allgemeine Geschäftsbedingungen, hereinafter "AGB") of itsFPV UG (haftungsbeschränkt), Hubertusstraße 13, 44789 Bochum, Germany (hereinafter "Seller"), apply to all contracts for the supply of goods and digital products that a consumer or entrepreneur (Unternehmer) (hereinafter "Customer") concludes with the Seller via the Seller's online shop.

1.2 A consumer within the meaning of these AGB is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur (Unternehmer) within the meaning of these AGB is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.4 Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Seller has expressly consented to their application in text form.

2. Conclusion of the contract

2.1 The products presented in the Seller's online shop do not constitute a binding offer by the Seller, but rather a non-binding invitation to the Customer to submit an offer.

2.2 The Customer may select products from the Seller's range and collect them in a virtual shopping cart by means of the "Add to cart" button. By clicking the button that completes the ordering process, the Customer submits a binding offer to purchase the goods and/or digital products in the shopping cart.

2.3 Prior to binding submission of the order, the Customer may continuously identify and correct their entries by means of the correction aids provided in the ordering process.

2.4 The Seller may accept the Customer's offer within five days,
– by sending the Customer an express order confirmation in text form (e.g. by email),
– by delivering the goods,
– by making digital products available,
– by requesting the Customer to pay following submission of their order, or
– in the case of a payment method offered in the ordering process, by the payment service provider initiating the payment process.

2.5 The contract is concluded at the point in time at which one of the alternatives set out in clause 2.4 first occurs. An automated order confirmation merely documents receipt of the order and does not yet constitute acceptance of the offer.

2.6 The Seller is entitled to reject orders to a commercially reasonable extent if there are specific indications of abusive, factually incorrect or fraud-related information provided by the Customer.

2.7 Order processing and contact are generally carried out by email. The Customer must ensure that the email address provided by them is correct and that emails from the Seller can be received.

2.8 The language available for the conclusion of the contract is German.

3. Right of withdrawal (Widerrufsrecht)

3.1 Consumers are generally entitled to a statutory right of withdrawal (Widerrufsrecht).

3.2 Further information on the right of withdrawal can be found in the Seller's separate instructions on withdrawal (Widerrufsbelehrung).

4. Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated towards consumers are total prices that include statutory value added tax.

4.2 Any additional delivery, shipping, customs, import or other ancillary costs that may apply are separately indicated in the respective product offer and/or in the ordering process.

4.3 The Customer has access to the payment options displayed in the online shop. The Seller reserves the right to exclude certain payment methods in individual cases or to offer them only against advance payment.

4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract, unless a later due date has been agreed.

4.5 If payment processing is carried out via external payment service providers, their respective terms of use and contractual conditions shall additionally apply.

4.6 If the Customer is in default in payment (Zahlungsverzug), the Seller is entitled to claim statutory default interest. The assertion of further default damages remains reserved.

4.7 In dealings with entrepreneurs (Unternehmer), set-off is only permissible with undisputed or legally established claims. A right of retention is available to entrepreneurs only insofar as it is based on the same contractual relationship.

5. Delivery and shipping conditions

5.1 Delivery of goods is carried out by way of shipment to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address indicated by the Customer in the ordering process is decisive.

5.2 Digital products are made available to the Customer in digital form, in particular by email, customer account, download link or unlocking, unless otherwise stated in the respective product description.

5.3 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer.

5.4 Delivery deadlines and delivery dates are only binding if they have been expressly confirmed as binding by the Seller in text form.

5.5 If delivery of the goods fails for reasons for which the Customer is responsible, in particular due to incorrect address details, non-collection, refusal of acceptance or repeated unsuccessful delivery attempts, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply, with respect to outbound shipping costs (Hinsendekosten) towards consumers, in the case of an effectively exercised withdrawal.

5.6 If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods generally only passes to the Customer upon handover of the goods to the Customer or to a person authorised to receive them.

5.7 If the Customer acts as an entrepreneur (Unternehmer), the risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover to the carrier.

5.8 If, through no fault of its own, the Seller is unable to deliver the ordered goods because the Seller's supplier fails to fulfil its contractual obligations, the Seller has concluded a congruent covering transaction (kongruentes Deckungsgeschäft) and the unavailability of the goods is not merely temporary, the Seller is entitled to withdraw from the contract. The Seller will inform the Customer of this without undue delay and will refund any consideration already provided without undue delay.

5.9 The Seller is not liable for delays in delivery or impediments to performance that are based on force majeure or other events not foreseeable at the time of conclusion of the contract that are not the Seller's responsibility. If such an event lasts longer than four weeks, the Seller is entitled to withdraw from the contract in whole or in part.

5.10 Customer collection is not possible for logistical reasons.

5.11 For deliveries outside the European Union, additional costs may apply in individual cases that are not the Seller's responsibility and that shall be borne by the Customer, unless expressly stated otherwise. These include in particular import charges, customs duties and taxes.

5.12 By derogation from clause 5.11, deliveries to the United States, insofar as expressly indicated at checkout, are made DDP (Delivered Duty Paid). In this case, any import charges and import taxes are accounted for at checkout.

6. Retention of title (Eigentumsvorbehalt)

6.1 Towards consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 Towards entrepreneurs (Unternehmer), the Seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.

6.3 Towards entrepreneurs (Unternehmer), the Customer is entitled, until revoked, to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns by way of security to the Seller all claims arising against third parties from such resale in the amount of the respective invoice value of the goods subject to retention of title. The Seller accepts this assignment. Following the assignment, the Customer remains authorised to collect the claim as long as the Customer duly fulfils its payment obligations to the Seller.

7. Special conditions for digital products

7.1 Insofar as digital products are offered in the online shop, in particular download products, licence keys, activation codes or other digital content not provided on a tangible medium, provision is made in digital form, in particular by email, customer account, download link or by unlocking.

7.2 The Customer does not acquire ownership of the digital products, but rather a simple, non-transferable right of use within the scope respectively granted under the contract, unless expressly agreed otherwise.

7.3 Any transfer, reproduction, public communication or resale of digital products is only permitted insofar as expressly agreed or permitted by law.

7.4 Insofar as the use of digital products requires certain system requirements, third-party accounts, platforms or software environments, the Customer is itself responsible for ensuring that these requirements are met, unless otherwise stated in the product description.

8. Special conditions for products manufactured to customer specifications

8.1 Insofar as the Seller offers products that are manufactured, configured, assembled or otherwise individually tailored to the personal needs of the Customer according to customer specifications, the manufacture or assembly is carried out on the basis of the specifications selected by the Customer in the ordering process.

8.2 For such products, there is no right of withdrawal for consumers if the goods are not prefabricated and an individual selection or determination by the consumer is decisive for their manufacture, or if the goods are clearly tailored to the personal needs of the consumer.

8.3 This may apply in particular to individually configured or customer-specified Pre-built products, insofar as, due to the specific customer specification, these cannot be returned to a standard, otherwise saleable condition, or only at disproportionate expense or with significant price reductions.

9. Export and use restrictions

9.1 The goods offered by the Seller are intended exclusively for civilian end uses, in particular in the model flight, hobby and leisure sector.

9.2 The buyer undertakes not to use, sell, export, re-export or otherwise pass on the goods, either directly or indirectly, for military purposes, for military end uses, in connection with weapon systems or in any other manner in violation of applicable export control, foreign trade or sanctions law.

9.3 The buyer further undertakes not to pass on, make available or sell the goods to recipients who are subject to sanctions at the time of delivery or onward transfer, and not to carry out any transactions that violate applicable embargo, sanctions or export control provisions.

9.4 This applies in particular with regard to applicable provisions of German foreign trade law, Regulation (EU) 2021/821 (dual-use), Regulation (EU) No 833/2014 as amended, and other applicable embargo and sanctions provisions of EU law.

9.5 The Seller is entitled to request information from the buyer concerning the end recipient, the end use and the intended use of the goods, insofar as this is necessary to verify export control or sanctions law requirements.

9.6 If the buyer breaches the foregoing obligations or if there are reasonable indications of such a breach, the Seller is entitled to refuse delivery, to withdraw from the contract or to terminate the contract for cause, insofar as no mandatory statutory provisions preclude this.

9.7 The buyer shall indemnify the Seller against damages, losses, fines, costs and other disadvantages that arise for the Seller from a breach of the foregoing obligations for which the buyer is responsible.

10. Liability for defects

10.1 The statutory provisions on liability for defects shall apply, unless otherwise provided below.

10.2 If the Customer acts as an entrepreneur (Unternehmer), the limitation period for claims for defects in the case of new goods is one year from delivery of the goods, insofar as legally permissible.

10.3 In dealings with entrepreneurs (Unternehmer), the commercial law obligations to examine the goods and to give notice of defects apply. If the entrepreneur fails to give the notice provided for therein, the goods shall be deemed approved.

10.4 If the Customer acts as an entrepreneur (Unternehmer), the Seller initially has the choice, in the event of a defect, of whether subsequent performance is carried out by way of repair or replacement delivery.

10.5 Information contained in product descriptions, technical data sheets, application notes, assembly recommendations or other product information does not constitute a guarantee (Garantie) unless expressly designated as such.

11. Liability

11.1 The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows.

11.2 The Seller is liable without limitation on any legal ground
– in cases of intent or gross negligence,
– in the case of intentional or negligent injury to life, body or health,
– on the basis of a guarantee (Garantie) promise, unless otherwise provided in this regard,
– on the basis of mandatory liability, in particular under the German Product Liability Act (Produkthaftungsgesetz).

11.3 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is foreseeable and typical for the contract, unless unlimited liability arises pursuant to clause 11.2. Material contractual obligations are obligations which the contract imposes on the Seller, in accordance with its content, in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

11.4 In all other respects, liability on the part of the Seller is excluded.

11.5 The foregoing liability provisions also apply with regard to the Seller's liability for its vicarious agents and statutory representatives.

12. Redemption of promotional vouchers

12.1 Vouchers that are issued by the Seller free of charge in the context of promotional campaigns with a specified period of validity, and which cannot be purchased by the Customer (hereinafter "promotional vouchers"), may only be redeemed in the Seller's online shop and only within the specified period.

12.2 Individual products may be excluded from the voucher promotion, insofar as a corresponding restriction arises from the content of the promotional voucher.

12.3 Promotional vouchers can only be redeemed prior to completion of the ordering process. Subsequent offsetting is not possible.

12.4 Only one promotional voucher can be redeemed per order.

12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

12.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

12.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

12.8 The promotional voucher will not be refunded if the Customer returns the goods that were paid for in whole or in part with the promotional voucher in the exercise of their statutory right of withdrawal.

12.9 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge of, or grossly negligent ignorance of, the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.

13. Redemption of gift vouchers

13.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

13.2 Gift vouchers and any remaining credit of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining credit will be credited to the Customer until the expiry date.

13.3 Gift vouchers can only be redeemed prior to completion of the ordering process. Subsequent offsetting is not possible.

13.4 Only one gift voucher can be redeemed per order.

13.5 Gift vouchers may only be used for the purchase of goods and digital products, and not for the purchase of additional gift vouchers.

13.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

13.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.

13.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This shall not apply if the Seller has knowledge of, or grossly negligent ignorance of, the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.

14. Applicable law

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods.

14.2 If the Customer acts as a consumer, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

15. Place of jurisdiction

15.1 If the Customer acts as a merchant, a legal person under public law or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business.

15.2 If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the foregoing cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's seat.

16. Alternative dispute resolution

16.1 The EU Commission has discontinued the ODR platform; a link to the former ODR platform is therefore no longer provided.

16.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).