General Terms & Conditions
We are pleased that you are interested in the high-quality products of Vietnam Kites.
We are required by law to give you the opportunity to take note of the contents of our General Terms & Conditions (Terms & Conditions). We are happy to comply with this duty. Please take a look at the special guarantee that Vietnam Kites give you for our high-quality kite products.
These Terms & Conditions form part of all contracts between you and Vietnam Kites. The most recent version in force at the date on which the contract is concluded always applies. This version of the General Conditions applies from 01 January 2015.
The Terms & Conditions of Vietnam Kites generally apply on an exclusive basis. Your buying or business terms and conditions may become part of the contract only if they are approved by Vietnam Kites in writing. Rights and duties under the contract of sale may be transferred to third parties only with Vietnam Kites written approval. If a clause in these Terms & Conditions is or becomes invalid, the remaining clauses shall remain unaffected.
All our prices are Vietnam Dong (and exchange to US Dollars) prices inclusive of the statutory value added tax unless otherwise expressly marked; this also applies to delivery and shipping costs.
3. Conclusion of the contract
Vietnam Kites present a number of high-quality kite and kite flute products to you on our internet pages. This presentation is initially not binding. By sending an order by email to Vietnam Kites, you make a concrete offer to Vietnam Kites which may be accepted by Vietnam Kites. To ensure that you do not make any mistakes in making your offer to us, you have the opportunity in the online shop to check your offer again before finally sending it to us. The confirmation email which you receive promptly after you have sent your order does not constitute the acceptance of your offer. It informs you that your order has been received by Vietnam Kites. Vietnam Kites accept your offer by sending the invoice by email or post (conclusion of contract). After receipt of payment, the goods/ products will be sent to you. The acceptance by Vietnam Kites is conditional on the legal admissibility and availability of the product ordered, in particular delivery to Vietnam Kites itself. If Vietnam Kites do not accept your offer, you will be informed of this fact. The purchase price and other consideration already paid will of course be promptly refunded to you.
4. Passing of risk
The Vietnam Kites warehouse is the place of performance. The risk that the desired product is accidentally destroyed or damaged passes to you as soon as you have accepted the product.
You must examine the ordered products delivered by the delivery company prior to acceptance to check for damage and you must not accept any product if it is damaged. Confirmation of receipt confirms that the product has been properly received in perfect condition.
6. Right of revocation
You may revoke your contractual declaration within two weeks without stating any reasons in text form (e.g. letter, fax, email) or – if the item is given to you before the end of the two-week period – by returning the item. The period begins on receipt of this information on your rights in text form, but not before receipt of the goods by the recipient and not before fulfilment of our duty to provide information. The deadline is deemed to be met if the revocation or the item is sent within the two-week period. The revocation must be addressed to:
100 Nguyen Van Cu Street,
Long Bien District, Hanoi, Vietnam
Vietnam Kites Online Store
Email: info (at) vietnamkites.com
7. Consequences of revocation
In the event of an effective revocation, the products and payments received by the parties shall be returned and any benefits that have been obtained (e.g. interest) shall be returned. If you are unable to return the product received wholly or partially or are able to return in only a worse condition, you will have to reimburse us for the loss in value. When items have been provided, this does not apply if the deterioration in the item is attributable solely to its examination – as you would have been able to carry out for example in a shop. You can also avoid the duty to reimburse us for deterioration caused by use of the item for the purposes intended by not using the item as if it were your own property and by doing nothing that impairs its value. Items that can be sent as parcels are returned to us at our risk. You are responsible for the costs of return if the delivered goods were as ordered and if the price of the item to be returned does not exceed an amount of 250 US Dollars or, if the price of the item is higher, you have not yet effected payment or a contractually agreed partial payment at the date of revocation. Otherwise, the return is free of charge for you. Items that cannot be sent as parcels will be collected from you. The obligation to reimburse payments must be fulfilled within 30 days. The period starts for you on the date you send your notice of revocation or the item. For us, it starts on the date of receipt of your revocation or the item.
8. Return of products
Before returning products to Vietnam Kites you must inform Vietnam Kites of the upcoming return shipment and request a so-called RMA number. When you announce the return shipment, you may suggest a date on which the product can be collected. In this connection, the expression return shipment also covers the variant that Vietnam Kites collect the product from you.
To enable us to issue the RMA number, we require the following information from you:
• Proof of purchase.
• Reason for the return.
• Serial number of the article (applies only to boards, kites and bars).
• Your address and, if appropriate, the address from where the parcel is to be collected. The RMA number must be shown on the outside of the parcel in a clearly visible manner. Parcels that are received without shipping costs having been already paid or without an RMA number that is clearly visible on the outside of the parcel cannot be accepted and will be returned to the sender.
If you are not present on the agreed collection date and if the product can therefore not be collected by the parcel service company or Vietnam Kites, a further date will be agreed on. You are responsible for the costs of unsuccessful collection attempts.
The purchase price and shipping costs are due on conclusion of the contract. In mail-order business, Vietnam Kites accept only advance payment, cash on delivery, credit card payment and PayPal and cash payment if you collect your ordered goods from the warehouse in Vietnam. For PayPal payment we charge a small fee of four (4) per cent of the order value. In the case of cash on delivery, a fee will be charged; it is currently 10 USD per parcel.
10. Delay in payment
In the case of delayed payment, Vietnam Kites are entitled to demand interest of five (5) percentage points over the base rate (Sec. 247 BGB). The right to claim further damages remains unaffected.
You may only set off claims against Vietnam Kites claims if your counterclaim is undisputed or if there is an enforceable court judgment. You may claim a right of retention only insofar as it is based on claims arising from the contract of sale.
12. Delivery, delay in delivery and delay in acceptance
Vietnam Kites naturally strive at all times to meet given delivery dates. The delivery dates or periods stated by Vietnam Kites are however non-binding unless otherwise agreed. Even binding delivery dates are conditional upon Vietnam Kites receiving complete and correct deliveries from its own suppliers. This does not apply of course insofar as Vietnam Kites ourselves are responsible for the delay. The right to make partial deliveries is reserved.
You may withdraw from the contract or demand damages on the ground of delay on the part of Vietnam Kites only if you have previously granted us a reasonable period for delivery. An additional period of up to 30 days is reasonable.
If the delivery is delayed because of your culpable behavior or for reasons for which you are responsible, you shall bear the costs resulting from the delay (for example storage costs, etc.).
If it is not possible to deliver the product, because the locality does not permit this or because, although the date of the delivery was notified to you in good time, you are not present, you shall bear the costs of the unsuccessful and possibly further delivery.
13. Retention of title
The products delivered by Vietnam Kites remain the property of Vietnam Kites until all claims that Vietnam Kites have against you (for whatever legal reason) have been satisfied. If third parties seize Vietnam Kites’ property, in particular if the product is attached or impaired in some other way, you must inform Vietnam Kites in writing without delay and notify the third parties of Vietnam Kites’ retention of title. You shall bear the costs that arise as a result of a breach of these obligations and as a result of measures that have to be taken against seizure by third parties.
Vietnam Kites reserve the right to withdraw from the contract if you fail to meet your contractual duties, in particular your duty to pay the purchase price even after a reasonable period has been set. In such a case, you must return the purchased product, which remains the property of Vietnam Kites. The costs thereby incurred, in particular shipping costs, shall be borne by you. If Vietnam Kites assert our claim for return of the product against you or creates a lien on the purchased product, this constitutes an implied notice of withdrawal from the contract. After the return of the product, Vietnam Kites may sell it. The proceeds shall be set against the liabilities of the customer – less reasonable costs of sale.
In the case of well founded warranty claims, Vietnam Kites shall, at our election, deliver a replacement or rectify the product (subsequent fulfilment) to the exclusion of other warranty claims. The delivery of a product in perfect condition as replacement obliges you to return the defective product to Vietnam Kites within 30 days.
Vietnam Kites may refuse subsequent fulfilment if this is possible only on the basis of disproportionate cost. For the purpose of assessing proportionality, in particular the value of the product in perfect condition, the significance of the defect and the unreasonable cost must be taken into account. If the two attempts at subsequent fulfilment fail, the Buyer may, at his or her election, demand a reduction in the purchase price or rescission of the contract.
Rectifications shall be carried out at Vietnam Kites’ legal seat.
You may remedy defects in the purchased product or have them remedied only after prior consultation and after Vietnam Kites’ express consent.
In connection with rectification, we may repair all damage caused by the defect. In the case of improper treatment, excessive strain on the purchased product and failure to follow the notes on treatment, maintenance and care, the warranty does not apply if it cannot be ruled out that one of these circumstances was the cause for the occurrence of the defect. In particular, there is no warranty for a kite if the kite has been damaged by coming into contact with a hard object, e.g. thorns or the like.
Vietnam Kites’ warranty does not cover usual and expected wear and tear.
Without prejudice to any claims for damages, you may withdraw from the contract or demand a reduction in the purchase price if Vietnam Kites is unable to carry out subsequent fulfilment, if the subsequent fulfilment fails, if Vietnam Kites are entitled to refuse subsequent fulfilment or if Vietnam Kites are responsible for unreasonable delays in the subsequent fulfilment.
Vietnam Kites grant you, as first-time buyer, a guarantee for more substantial damage and defects relating to materials and workmanship. If more substantial damage attributable to defects relating to materials and workmanship arises within six (6) months after the conclusion of the contract of sale, such damage shall be repaired or replaced by Vietnam Kites free of charge. The guarantee is a personal guarantee provided by Vietnam Kites to you. It is therefore not transferable and does not apply to the rental and training business.
To be able to make use of your personal guarantee, the following must be complied with:
You must register your purchased product within seven (7) days after purchase on the appropriate internet page.
You will receive confirmation of registration by email or by post. To claim under your guarantee, you must enclose proof of purchase (receipt) as well as the registration confirmation. You must also send details of the name of the retailer/ internet shop where you bought the product and the date of purchase. These must be clearly legible.
Vietnam Kites alone shall determine whether damage is covered by its guarantee. To determine whether the guarantee applies, Vietnam Kites may request possible evidence. These may be photos, which clearly show the defect(s), or an examination of the product itself by Vietnam Kites. We may also demand that the necessary information shall be sent to the Vietnam Kites general agent in your country, postage prepaid.
If Vietnam Kites determine that the product is defective, the guarantee covers repair or replacement of the defective product. Further costs that have arisen in connection with the defect are not covered.
The following are excluded from the guarantee:
Defects that arise as a result of misuse, incorrect use, negligence or normal wear and tear. This includes, among other things, drilling and rigging with components that are not from Vietnam Kites; defects caused by excessive exposure to sunlight or damage caused by excessive blowing up of the kite chambers; damage arising as a result of excessive tightening or improper assembly of screws; damage caused by improper handling and storage; damage caused by the use of products in wave or coastal breakers; and damage caused by defects other than faulty material or faulty workmanship.
The guarantee lapses as soon as a part of the product is repaired or modified without the express consent of Vietnam Kites. The guarantee period for products repaired or replaced by Vietnam Kites also start to run from the date of purchase.
16. General limitation on liability
Vietnam Kites are not liable for damage that does not arise on the product itself or for lost profit or other financial loss or damage. Vietnam Kites are not liable for simple negligence. Insofar as the liability of Vietnam Kites is excluded or limited, this shall also apply to the personal liability of salaried employees, staff, representatives and vicarious agents of Vietnam Kites.
17. Applicable law
The law of the Socialist Republic of Vietnam shall apply and the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The place of jurisdiction is Hanoi Court in Vietnam.