Terms and Conditions (AGB)
Last updated: February 26, 2026
Seller Information
MobiFlight
Sebastian Möbius
Schneiderbäumlesweg 3
71336 Waiblingen, Baden-Württemberg, Germany
Email: info@mobiflight.com
Phone: +49 (0)151 10 737 428, or +1 (224) 3887 883
VAT ID: DE347857100
– hereinafter referred to as the “Seller” –
Full legal details are available in the Impressum (Legal Notice) on the website. The Seller is registered for the EU VAT One Stop Shop (OSS) procedure.
1. Scope of Application
1.1 These Terms and Conditions (“T&Cs”) apply to all contracts concluded between the Seller and its customers via the online shop at https://shop.mobiflight.com.
1.2 A “consumer” within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An “entrepreneur” within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity acting in exercise of their commercial or independent professional activity.
1.4 The version of these T&Cs valid at the time of the order shall apply. The Seller reserves the right to amend these T&Cs for future contracts. The current version is always available on the website.
1.5 Deviating terms and conditions of the customer shall not apply unless expressly agreed in writing by the Seller.
2. Conclusion of Contract
2.1 The product descriptions in the online shop do not constitute legally binding offers, but non-binding invitations to submit an order.
2.2 By clicking the “Order with obligation to pay” button (“zahlungspflichtig bestellen”) at the end of the checkout process, the customer submits a binding offer to conclude a purchase contract.
2.3 A contract is concluded when the Seller accepts the offer by:
- sending an order confirmation email to the address provided during checkout, or
- dispatching the goods —
whichever occurs first.
2.4 The order confirmation contains details of the products ordered, the total price including applicable VAT and shipping costs, and estimated delivery information.
2.5 The contract text is stored by the Seller and sent to the customer by email after the order has been placed.
2.6 When placing an order, the customer warrants that:
- they are not a minor or otherwise legally incapable of entering into a binding contract;
- the personal details provided are complete and accurate;
- they are not using a false name or the name of any person or entity they are not authorised to represent.
3. Prices, VAT and Payment
3.1 EU Customers:
All prices displayed are inclusive of VAT. The applicable VAT rate is determined by the customer’s country of delivery/residence in accordance with EU VAT regulations and the EU One Stop Shop (OSS) procedure. As an initial guide, the displayed price is pre-filled using a GeoIP lookup based on the customer’s location. The applicable VAT rate and amount are confirmed and, if necessary, corrected during the checkout process based on the delivery address. The final VAT rate and amount are shown on the order confirmation and invoice. VAT collected is remitted by the Seller to the respective EU member state via the OSS procedure.
3.2 Non-EU (International) Customers:
For customers with a delivery address outside the European Union, prices are shown excluding VAT. Exports to non-EU countries are VAT-exempt under German tax law (§ 4 No. 1a UStG). Any import duties, customs fees, and local taxes applicable in the destination country are not included in the purchase price and must be borne solely by the customer. These charges are typically applied automatically by the local customs authority upon import. The Seller accepts no liability for such charges or for delays caused by customs clearance procedures.
3.3 Shipping costs are not included in displayed product prices and will be clearly shown separately before the order is completed.
3.4 Available payment methods are displayed during checkout and may include:
- PayPal
- Credit Card (Visa, Mastercard)
- Bank transfer (advance payment)
- [Add or amend as applicable]
Payment is due at the time of order. For bank transfer, payment must be received before dispatch. The Seller reserves the right to exclude certain payment methods for specific orders or customer groups.
3.5 Retention of Title (Eigentumsvorbehalt):
The Seller retains ownership of the delivered goods until full payment of the purchase price has been received.
4. Delivery and Shipping
4.1 Delivery is made worldwide to the countries offered during checkout. Available delivery options are:
- Pickup at store (Waiblingen, Germany)
- Shipping via German carriers (DHL, DPD, Hermes)
4.2 Processing Times (time from order to dispatch):
- Items in stock: 1–3 business days
- Items requiring assembly service: 1–3 business days + 1–2 additional business days
- Pre-order items: up to 30 days (specific lead times available on request)
4.3 Estimated Shipping Times (after dispatch):
- Within Germany: 1–2 business days
- EU countries: 3–5 business days
- Rest of the world: 6–20 business days
All delivery times are estimates and non-binding unless expressly confirmed in writing. The Seller accepts no responsibility for delays beyond its reasonable control, including force majeure events or customs clearance delays for international shipments.
4.4 Transport Risk:
- For consumers: The risk of accidental loss or deterioration of the goods passes to the consumer upon physical delivery of the goods to the consumer or a person designated by them to receive the goods (§ 475 (2) BGB). The Seller bears the shipping risk until that point.
- For entrepreneurs: The risk of accidental loss or deterioration passes upon handover of the goods to the carrier, freight forwarder, or other person designated to carry out the shipment.
4.5 If delivery fails due to reasons attributable to the customer (e.g. incorrect address provided, repeated failed delivery attempts), the customer shall bear the reasonable costs incurred as a result.
5. Right of Withdrawal (Consumers Only)
5.1 Withdrawal Notice (Widerrufsbelehrung)
Right of Withdrawal:
Consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen days from the day on which the consumer, or a third party designated by the consumer (other than the carrier), takes physical possession of the goods.
To exercise the right of withdrawal, the consumer must inform the Seller:
MobiFlight
[Full postal address]
Waiblingen, Baden-Württemberg, Germany
Email: [Email address]
Phone: [Phone number]
by means of a clear written statement (e.g. letter or email) of their decision to withdraw from this contract. The model withdrawal form provided in Annex 1 may be used but is not mandatory.
If available, the right of withdrawal may also be exercised electronically via the customer account on the website.
To meet the withdrawal deadline, it is sufficient that the communication is sent before the withdrawal period has expired.
5.2 Effects of Withdrawal
If the consumer withdraws from the contract, the Seller shall reimburse all payments received, including standard delivery costs (except supplementary costs resulting from the customer’s choice of a non-standard delivery type), without undue delay and no later than fourteen days from receipt of the withdrawal notice.
Reimbursement may be withheld until the goods have been received back by the Seller, or until the consumer has supplied proof of return, whichever is the earliest.
Refunds are made using the same payment method as the original transaction unless otherwise expressly agreed. No fees are charged for the reimbursement.
5.3 Return of Goods
The consumer must return the goods to the Seller without undue delay and no later than fourteen days from the date of communicating the withdrawal. The consumer bears the direct cost of returning the goods.
The consumer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. The Seller may deduct the amount of any such diminished value from the reimbursement.
5.4 Withdrawal Button (from 19 June 2026)
In accordance with § 356a BGB, a dedicated “Withdraw contract” (“Vertrag widerrufen”) button will be available in the customer account area from 19 June 2026 onwards, allowing consumers to exercise their right of withdrawal electronically.
6. Exclusions from the Right of Withdrawal
The right of withdrawal does not apply to:
- Goods manufactured according to customer specifications or clearly personalised
- Sealed goods not suitable for return for health or hygiene reasons, if unsealed after delivery
The right of withdrawal and Sections 5–6 apply to EU consumer customers only. Non-EU customers and business customers (entrepreneurs) do not benefit from the statutory right of withdrawal unless expressly agreed otherwise in writing.
7. Statutory Warranty (Gesetzliche Gewährleistung)
7.1 Consumers are entitled to statutory warranty rights under German law (§§ 434 et seq. BGB) and the EU Sale of Goods Directive (2019/771/EU).
7.2 The warranty period for consumers is two years from delivery of the goods.
7.3 In the event of a defect, the consumer may first request subsequent performance (repair or replacement). The Seller may refuse the chosen form of subsequent performance if it is possible only at disproportionate cost.
7.4 If subsequent performance fails or is refused, the consumer may reduce the purchase price or withdraw from the contract in accordance with statutory provisions.
7.5 Any voluntary manufacturer’s guarantees are in addition to and do not limit the consumer’s statutory warranty rights.
8. Liability
8.1 The Seller shall be liable without limitation for:
- damages resulting from injury to life, body, or health;
- damages caused by intent or gross negligence;
- liability under the German Product Liability Act (Produkthaftungsgesetz);
- cases where the Seller has fraudulently concealed a defect or assumed a guarantee.
8.2 In cases of slight negligence, the Seller shall only be liable for breach of essential contractual obligations (Kardinalpflichten), i.e. obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the customer regularly relies. In such cases, liability is limited to foreseeable, typical damages.
8.3 Any further liability is excluded.
8.4 The Seller accepts no liability for damages caused by viruses or other harmful components affecting the customer’s equipment through use of this website. Customers are responsible for ensuring appropriate protection of their own systems.
8.5 The above limitations do not affect the customer’s statutory rights under applicable consumer protection law.
9. Data Protection
The processing of personal data in connection with the use of this website and the purchase of products is governed by the Seller’s Privacy Policy (Datenschutzerklärung), available at all times on the website, and complies with the EU General Data Protection Regulation (GDPR). By placing an order, the customer confirms they have read and understood the Privacy Policy.
10. Consumer Dispute Resolution (VSBG)
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG). The EU Online Dispute Resolution platform was permanently discontinued on 20 July 2025 and is no longer available. Please contact the Seller directly via the contact form in the first instance.
11. Governing Law and Jurisdiction
11.1 The law of the Federal Republic of Germany shall apply to all contracts concluded via this website, in particular the German Civil Code (BGB), applicable EU consumer protection legislation including the EU Consumer Rights Directive (2011/83/EU), and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 For consumer customers, this choice of law does not deprive the customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.
11.3 If the customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction is the Seller’s registered office in Waiblingen, Germany. For consumer customers, the applicable statutory rules on jurisdiction apply.
12. Severability
If any provision of these T&Cs is or becomes invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
Annex 1 – Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
MobiFlight
Schneiderbäumlesweg 3,
71336 Waiblingen, Baden-Württemberg, Germany
Email: info@mobiflight.com
I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods:
Ordered on () / received on (): ___
Order number: ___
Name of consumer(s): ___
Address of consumer(s): ___
Signature of consumer(s) (only if this form is submitted on paper): ___
Date: ___
(*) Delete as appropriate.