§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a provider (Hartwig Eigenbrodt) via the website https://www.modelly.shop/modelcars/. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
2. Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which are predominantly not eligible for their commercial or self-employed occupation. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer for the conclusion of a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system. In the process, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes at any time. After you have called up the "Checkout" page and entered the personal data as well as the payment and shipping conditions, you will once again see all the order data on the order overview page The function "back" of the internet browser) or cancel the purchase. By sending the order via the "order to pay" button, you submit a binding offer with us. You will first receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) shall be effected within 2 days by confirmation in text form (e-mail, for example) confirming the execution of the order or delivery of the goods (order confirmation). If you have not received an appropriate message, you are no longer bound to your order. If this is not the case, the services already rendered will be refunded immediately.
(4) Your requests for the creation of an offer are not binding for you. We will provide you with a binding offer in text form (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
(6) If you use an immediate payment system (eg PayPal / PayPalExpress / PayPalPlus, Amazon Payments, Postpay, Sofortüberweisung), you will either be taken to the order overview page in our online shop or you will be sent to the website Of the provider of the immediate payment system. If you are forwarded to the respective immediate number system, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page. Before you send the order, you have the option to re-check or change all information (also via the "back" function of the internet browser) or to terminate the purchase by sending the order via the "buy" button Acceptance of the offer whereby the purchase contract is concluded.
(7) The seller does not assume a procurement risk. He is entitled to withdraw from the contract insofar as he does not receive the delivery item in spite of the prior conclusion of a corresponding purchase contract. The responsibility of the seller for intent or gross negligence remains untouched. The seller will inform the buyer immediately about the non-timely availability of the delivery item and if he wishes to withdraw, exercise the right of withdrawal without delay. The seller will immediately refund the corresponding consideration to the buyer in the event of withdrawal.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We are fully liable for damages resulting from injury to life, body or health. We shall continue to be liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item, and in all other legally regulated cases.
(2) The liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(4) In case of violation of insignificant contractual obligations, liability for negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet can not be guaranteed without errors and / or at any time available. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 5 Choice of law, place of fulfillment, court of jurisdiction
(1) German law shall apply. In the case of consumers, this choice is valid only to the extent that the protection granted by mandatory provisions of the law of the State of the habitual residence of the consumer is not withdrawn (favorable principle).
(2) The place of fulfillment for all services arising from the business relations and court of jurisdiction with which we are based is our registered office, insofar as you are not a consumer but a merchant, a legal person of public law or a public special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or the place of residence or habitual residence is not known at the time of the appeal. The power to also bring the court to another legal court remains unaffected.
(3) The provisions of the UN purchase law are not expressly applicable.
1. Identity of the seller
Hartwig Eigenbrodt, Am Scheidweg 29, 50765 Cologne, Germany, Phone: +492219591811 E-mail: firstname.lastname@example.org
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr I am not obliged and prepared to participate in a dispute resolution procedure before a consumer conciliation office.
2. Information on the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures shall be made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotations outside the online shopping basket system, you will receive all contract data by e-mail, which can be printed or electronically secured.
4. Main characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the article description and the supplementary information on our website.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all taxes.
5.2. The shipping costs are not included in the purchase price. If you are able to call up a correspondingly indicated button on our website or in the respective article description, you will be separately indicated in the course of the ordering process and shall be additionally borne by you, as long as the shipping-free delivery is not permitted.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective article description.
5.4. Unless otherwise specified in the individual forms of payment, the payment claims arising from the concluded contract shall be payable immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective article description.
6.2. As far as you are a consumer is legally regulated that the risk of the accidental destruction and the accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have ordered a transport company not designated by the company or a person appointed otherwise to carry out the shipment.
7. Statutory right of deficiency
7.1. There are statutory liability for defects.
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage as well as to inform the carrier as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
These terms and conditions and customer information were compiled by lawyers of the dealer association specialized in IT law and are constantly checked for legal conformity. DeBundbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 18.10.2016