General Terms and Conditions
Table of contents:
1. Scope
2. Conclusion of contract
3. Prices and Payment
4. Delivery
5. Shipping, Charges and Conditions
6. Retention of title
7. Claims And Liability
8. Warranty
9. Force Majeure
10. Gift Vouchers and Credit Vouchers
11. Pre-Owned and Ex-Display items
12. Advice
13. Applicable Law
1. Scope
1.1 The general terms and conditions of Rcfanatix.com hereinafter also referred to as ‘Seller’ - apply to all contracts which a consumer or entrepreneur - hereinafter also referred to as ‘Buyer’ - enters into with the Seller regarding the goods and relevant shipping services listed in the Seller´s online store. Derogations are only valid if they have been agreed between the Seller and the Buyer or be expressly mentioned in the general terms and conditions.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a transaction for a purpose which can neither be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership, who enters into a legal transaction in the exercise of their independent professional or commercial activity.
1.3 "Goods" means the goods, products and materials supplied and/or delivered by Seller to Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buyer's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyerupon such order; "Contract" means the contract for the supply of Goods which have been ordered by Buyerand specified in Seller's Approval of Order, which contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order.
2. Conclusion of contract
2.1 The product descriptions contained in Seller´s online shop are not binding offers on the part of Seller, but are intended to submit a binding offer by Buyer.
2.2 Buyer can make an offer via the order form which is available in Rcfanatix.com on-line store. When ordering via the online order form and after entering his personal data, Buyer submits by clicking the button "order" in the final step of the ordering process a legally binding contract offer in relation to the goods contained in the basket.
2.3 Seller may accept the offer by Buyer in writing or electronically by means of an order confirmation or by delivering the goods within the agreed period of time as appropriate. However, Seller is also entitled to refuse to accept the order.
2.4 The order processing and contact is primarily done by e-mail and automated order processing. Buyer has to ensure that his/her e-mail address is correct so that the e-mails, which are sent by Seller within the ordering process, can be received.
3. Prices and Payment
3.1 Prices quoted by Seller are final prices in EURO (€) currency including VAT in Greece applicable at the time of payment. Prices quoted do not include shipping costs. These are reported separately in the respective product presentation in the offer.
3.2 For deliveries, Seller offers the following payment options, unless otherwise provided for in the relevant product description of the offer:
3.3 PayPal – for deliveries within Greece and European Union countries. Once PayPal payment is confirmed, order will be processed promptly and at the event payment confirmation is received before 14:00, it will be dispatched to shipping provider same day.
PayPal account: fanatix@hol.gr
3.4 Prepayment by bank transfer to the designated bank - for deliveries within Greece and European Union countries. Any bank transfer should indicate the respective Order Number so that payment is allocated correctly. Once bank transfer is done, customer should also indicate Rcfanatix.com by an e-mail promptly. When payment is confirmed and secured in Rcfanatix.com bank account, the order will be processed accordingly. In some cases, it make take up to 3 working days a payment through bank transfer to be confirmed and secured. Bank account details, as follows:
EFG Eurobank
Account Number: 0026.0284.00.0200468575
Account Holder:Angelakopoulos Fotios
IBAN: GR9702602840000000200468575
3.5 Cash on Delivery (COD) – for deliveries only within Greek State territory. Cash on delivery (COD) is a type of transaction in which the recipient makes payment for a good or goods at the time of delivery. If the Buyer does not make payment when the good is delivered, then the good is returned to the Seller. The recipient (buyer) can make payment by cash only.
3.6 Over-The-Counter (OTC) Payment: We’re helping you get out of your office or house and visit us at our showroom where you can collect ordered items and conveniently pay out your pending order by cash or credit card in-situ.
Ordered items will be retained in our e-shop warehouse on your behalf for two (2) working days only from the date you place the purchase order through www.rcfanatix.com interface. Once the due date expires and you didn’t show up, www.rcfanatix.com will not remain liable to further retain the ordered items and the purchase order concerned shall be cancelled.
3.7 Normally, we do not accept deliveries outside European Union at the time. It is at Rcfanatix.com discretion to accept deliveries to third countries apart of EU countries. In such a case, deliveries to third countries, other costs may incur which the Seller is not responsible for and which are borne by the customer. These costs may indicatively include e.g. costs of money transfer (transfer fees, exchange fees) or legal import duties such as customs duties or taxes let alone shipping cost arrangements applicable at the point of destination.
4. Delivery
4.1 Delivery dates noted on the Approval of Order are subject to reasonable adjustment. The acceptance of shipment by a common carrier shall constitute proper delivery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller's notification that Goods are ready for despatch. Unless otherwise specified in writing in the Purchase Order or Contract, all charges, expenses or taxes associated with the delivery shall be paid by the Buyer.
4.2 Exceptions and Restrictions
- Fuel: Please note we can only ship fuel to Mainland Greece and Greek Islands destinations.
- Aerosols: spray paint, motor cleaner etc. can only be shipped to Mainland Greece and Greek Islands destinations.
- Lithium Batteries: Lithium Polymer (Li-Po), Lithium Ion (Li-Ion), Lithium Ferrite (Li-Fe), Lithium Metal and any other batteries containing Lithium can only be shipped to Greek destinations and certain European locations where a surface delivery service is available (no airmail). The maximum quantity Lithium batteries we are permitted to ship per order is 2 packs.
- Items not permitted for shipping within an EU country/region will be removed from the shopping basket where possible during the checkout process.
4.3 Damages and Non Delivery
- Buyer should inspect the products when those are received for defects or damage.
- In case Buyer take notice of a defective or damaged item, he/she should inform Seller immediately, in order Seller to resolve the matter with minimum delay.
- Any items delivered by shipping provider which appear to be damaged must be signed for as such or refused and returned to sender.
- Non-delivery of an order needs to be reported to Rcfanatix.com at the earliest possibility but no more than 2 days from the date the original notice issued by shipping provider is received on informing Buyer about delivery notice message.
4.4 Tracking
- Once Purchase Order has been handed over to Seller’s shipping partner, Buyer will receive an automatic e-mail confirmation with a tracking number and a link to the tracking. There, the Buyer can check the status of his/her shipment at any time. If the Buyer notice any problems regarding the tracking status of shipment, he/she is advised to get contact with the Seller.
4.5 Other Information
- All delivery options are subject to availability and working days exclude public holidays.
- Rcfanatix.com reserves the right not to deliver an order if it is believed that the address isn't secure. If this affects an order you place, you will be notified at the earliest convenience.
- In certain circumstances Rcfanatix.com may only ship to a verified PayPal or a registered cardholder address.
4.6 Each delivery of Goods shall be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment for the aforementioned.
5. Shipping, Charges and Conditions
5.1. The delivery of goods occurs regularly on a dispatch route and to the delivery address specified by the buyer. During completion of the transaction the delivery address specified in the order of the vendor is decisive.
5.2 The costs of shipping of the purchased goods are paid by the buyer. If the Buyer requires a special form of dispatching, with higher costs, he has also to bear these additional on condition that Seller approves that shipping arrangement.
5.3. If the shipping company returns the goods to the Seller as a delivery to the Buyer was not possible, the Buyer bears the costs for the unsuccessful delivery.
5.4. For collection from Rcfanatix.com premises, Seller informs Buyer via e-mail about the fact that the ordered goods are available for collection. Upon receipt of this e-mail, Buyer can pick up the goods after consultation with Seller. In this case, no shipping costs will be charged.
5.5 Shipping charges are calculated at checkout and the options available are displayed on the basket page once delivery country or correct Greek region. We aim to ship all orders within 24 hours.
5.6 Mainland Greece and Greek Islands: Shipping costs are calculated at €6 per order and up to 3 Kg via “Geniki Taxydromiki” courier express service (normally, within next day or the day after). Free Express Delivery on orders over €99.00. For each order exceeding the 3Kg threshold, additional shipping costs may incur that shall be borne by the Customer.
- Priority option available to guarantee that order is shipped the same day if placed before 2.00pm (Monday-Friday) subject to availability of goods and service.
- Orders placed before 2pm on a Friday with a next day service will be delivered Monday.
- There are currently no Saturday and Sunday deliveries.
- Courier deliveries are fully trackable and expected delivery times and updates will be received via e-mail message.
- Available services and charges are displayed on the basket page and during checkout.
- Limited services and restrictions on certain product types may apply.
5.7 International Deliveries (European Union Countries): Shipping costs are calculated at €14.90 per order and up to 3 Kg via DHL or UPS Standard Mode (Economy) delivery service (normally, within 5-8 working days). Shipping partner to be assigned for a particular order is buyer’s choice. Free Standard Delivery on orders over €500.00.
- Available services and charges are displayed on the basket page and during checkout.
- International orders with multiple items may incur a higher shipping cost than shown. In that case we will email the revised total for your acceptance before processing your order.
- All consignments are fully insured and despatched using the best selected carrier service.
5.8 Express Delivery Services
- Should Buyer is in the need to meet faster delivery times, he may be offered express delivery service through Rcfanatix.com partners i.e. either DHL or UPS provided that and additional shipping charge is applied. The additional charge depends on destination, weight and size of the package.
6. Retention of Title
6.1 Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt by Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred in the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly showing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books.
6.2 Notwithstanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such storage, usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller.
7. Claims and Liability
7.1 Unless Seller shall within 2 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
7.2 In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods.
7.3 Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Seller's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice.
7.4 Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
7.5 Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent Buyer or user, bailee, licensee, assignee, employee and agent of Buyer.
8. Warranty
8.1 Seller warrants that Goods sold hereunder meet their descriptions or specifications, subject to use, storage and application thereof in accordance with and based on Original Equipment Manufacturer’s (OEM’s) standard tolerances, instructions of use and recommendations.
8.2 Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. BUYEREXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY BUYERAND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE.
9. Force Majeure
9.1 Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue.
9.2 Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
10. Gift Vouchers and Credit Vouchers
10.1 Gift vouchers and credit vouchers may be redeemed as full or part-payment for Goods. Vouchers issued by Seller contain a unique voucher code so they can be used online, via mail order and in Rcfanatix.com store.
10.2 Multiple vouchers may be redeemed against a single purchase.
10.3 The Goods total must be equal to or exceed the voucher totals. No change can be given and Vouchers cannot be redeemed against shipping or postage costs.
10.4 Gift Vouchers are not to be exchanged for cash at any time.
11. Pre-Owned and Ex-Display items
11.1 Occasionally, Rcfanatix.com stock pre-owned and ex-display models and equipment. Pre-owned items are second hand, used products. All items are thoroughly checked and tested by Rcfanatix.com service department prior to being listed on the website.
11.2 Each item is listed with its own individual description detailing the condition, specification and key points like upgrades or improvements along with an image gallery showing the actual item.
11.3 Although Seller cannot offer a full warranty on pre-owned models, Rcfanatix.com ensure each item is in fully working order prior to being sold and provide a one month limited warranty.
11.4 Ex-display items are products which have been out of the box and displayed in Rcfanatix.com showroom. These items will not have been used and carry the full standard manufacturer's warranty.
12. Advice
12.1 Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes or intends to make of the Goods.
13. Applicable Law
13.1 The law of the Hellenic Republic (Greece) applies to all legal relationships between the parties to the exclusion of the laws on the international sale of goods.
13.2 If Buyer is a merchant, a legal entity under public law, the exclusive jurisdiction for all disputes arising from this contract is the business location of the Seller. The same applies if Buyer has neither general jurisdiction in Hellenic Republic (Greece) or the EU or domicile or habitual residence at the time of action is not known. The power to call upon the court in another jurisdiction remains unaffected.
13.3 The contract language is English.