Terms of service
§ 1 Scope and provider
(1) These Terms and Conditions apply to all contracts concluded via the online shop at shop.flywithcaptainjoe.com between
Fly With Captain Joe, Owner: Joseph Diebolder
Rathausstraße 11, 87448 Waltenhofen, Germany
(hereinafter "we" or "the seller")
and you as the customer.
(2) A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code). An entrepreneur is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or profession when concluding the legal transaction (§ 14 German Civil Code).
(3) Deviating terms of the customer do not become part of the contract unless we expressly agree to their validity in writing.
(4) The contract language is German. The contract text is not stored by us permanently after conclusion of the contract and is then no longer accessible through us; however, you receive the contract terms in text form by email with the order confirmation.
§ 2 Conclusion of contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to order.
(2) By clicking the order button you submit a binding offer to purchase the goods in your shopping cart. Before submitting the order you can review your entries at any time and correct them using the browser's back function, or cancel the order process.
(3) We confirm receipt of your order without delay by email. This acknowledgement of receipt does not yet constitute acceptance of your offer. The contract is concluded when we expressly accept your offer or dispatch the goods to you.
§ 3 Production on demand
(1) Our items are printed or manufactured for you only after the contract is concluded. We work with a production service provider that manufactures the goods and ships them directly to you.
(2) When purchasing, you choose from the designs, colours and standard sizes specified by us. Individual design by you is not part of the contract. Your right of withdrawal is unaffected by this (see § 6).
(3) With printed textiles, minor deviations in colour shade, print position and fit are production-related and do not constitute a defect, provided they do not significantly impair the appearance. Colour rendering on screens may differ from the delivered product.
§ 4 Prices and shipping costs
(1) All prices stated are final prices. For deliveries to Germany and the European Union they include statutory value added tax.
(2) Shipping costs are added to the prices. Their amount depends on the destination and the total weight of the order and is shown separately during the order process before you place your order. Details are set out in our shipping information.
(3) For deliveries to countries outside the EU, customs duties, import charges and carrier fees may additionally apply, which are borne by the recipient.
§ 5 Payment
(1) The payment methods displayed during the order process are available.
(2) The purchase price is due for payment upon conclusion of the contract.
(3) In the event of late payment we are entitled to charge default interest at the statutory rate.
§ 6 Right of withdrawal
(1) Consumers have a statutory right of withdrawal. Details are set out in our withdrawal policy, which forms part of these terms.
(2) The exclusion of the right of withdrawal for goods that are not prefabricated under § 312g para. 2 no. 1 of the German Civil Code does not apply to our range, because you choose exclusively from our predefined variants.
§ 7 Delivery and passing of risk
(1) Delivery is made to the delivery address you provide.
(2) Information on delivery times is a non-binding average unless a binding delivery date has been expressly agreed.
(3) If an item is permanently unavailable from our production service provider, we will inform you without delay and refund any payments already made in full.
(4) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you on handover, including in the case of sale by dispatch. For entrepreneurs, the risk passes on handover to the carrier.
§ 8 Retention of title
The delivered goods remain our property until payment has been made in full.
§ 9 Liability for defects
(1) The statutory provisions on liability for defects apply (§§ 434 ff. German Civil Code).
(2) For used goods sold to entrepreneurs, the limitation period for claims based on defects is one year; for consumers, the statutory periods apply.
(3) Information on how to proceed is set out in our withdrawal and returns policy under "Warranty and defective goods".
§ 10 Rights of use in designs
(1) All designs, artwork, logos and trademarks used on the products are protected by copyright and trademark law.
(2) With your purchase you acquire ownership of the delivered goods for private use. No licence is granted to reproduce, adapt or commercially exploit the designs. In particular, the resale of products bearing our designs on a commercial scale, and any form of imitation of the designs, is prohibited.
§ 11 Liability
(1) We are liable without limitation for damage arising from injury to life, body or health based on an intentional or negligent breach of duty, for damage based on intent or gross negligence, and where a guarantee has been assumed.
(2) In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract.
(3) Otherwise, our liability is excluded.
(4) Liability under the German Product Liability Act remains unaffected.
§ 12 Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Final provisions
(1) German law applies. For consumers resident in another state, mandatory consumer protection provisions of their state of residence remain unaffected.
(2) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected.
(3) For entrepreneurs, the exclusive place of jurisdiction is our place of business.
Version: 9 October 2026