General Terms and Conditions

General Terms and Conditions

1.   scope of application
2.   contracting party
3.   offer and conclusion of contract
4.   prices and shipping costs
5.   delivery conditions and delivery times
6.   payment
7.   retention of title
8.   warranty, guarantee, customer service, manufacturer's warranty
9.   liability
10.  right of revocation, revocation instructions, consequences of revocation
11.  information on online dispute resolution

1. scope of application
1.1 "www.modelleisenbahn-shop.com" is an internet offer of IT & Media Services Giggenbach, owner: Jan Giggenbach, Rupert-Mayer-Weg 7b, 86399 Bobingen, Germany.

1.2 The following General Terms and Conditions ("GTC") in the version valid at the time of calling up the website shall apply to any use of the service on the Internet pages of IT & Media Services Giggenbach (hereinafter referred to as "Modelleisenbahn-Shop") by the customer (hereinafter referred to as "Customer").

1.3 These GTC are available on the internet and can be printed out. Modelleisenbahn-Shop is entitled to amend these GTC at any time with effect for the future.

1.4 The following General Terms and Conditions (GTC) apply to all orders and deliveries via our online shop www.modelleisenbahn-shop.com.

2 Contracting party, conclusion of contract
The purchase contract is concluded with IT & Media Services Giggenbach, owner: Jan Giggenbach , Rupert-Mayer-Weg 7b, 86399 Bobingen, Germany.

You can reach our customer service for questions, complaints and objections
during opening hours by telephone or by e-mail:

Tel: +49 (0)8234 / 9541974 (please note our service hours).
E-mail: kundenservice@modelleisenbahn-shop.com 


3 Offer, conclusion of contract, contract language and contract text storage

3.1 Offer
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. All offers are valid "while stocks last" unless otherwise stated with the products. Errors excepted.
You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.

3.2 Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button [Buy], you place a binding order for the products contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 2 days.

If an item is not available at the time of conclusion of the contract, we will inform you immediately by e-mail or telephone.
   
A binding contract can also be concluded beforehand as follows:

Credit card
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment
We accept your order by sending a separate e-mail of acceptance within two days, in which we give you our bank details.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Cash payment on collection
We accept your order by sending a declaration of acceptance in a separate email within two days.

3.3 contract language, contract text storage
The languages available for the conclusion of the contract are German and English.

We store the text of the contract and send you the order data and our GTC by e-mail.
You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.

4 Prices and shipping costs
4.1 All prices are gross prices according to the price list valid at the time of receipt of the order including the statutory value added tax valid at the time of delivery. In the case of price quotations marked with Price follows, the price is not yet known at the time of the order. Errors and price changes at short notice are excepted. Used goods are subject to differential taxation.

4.2 The shipping costs incurred can be found in the currently valid Shippingcostslist.


5 Delivery conditions and delivery times
5.1 Delivery within Germany is usually made by DHL to the address given by the customer. We reserve the right to consider other delivery options.

5.2 For goods ready for immediate dispatch, the delivery period is 1-3 working days.
For goods that must be ordered from the manufacturer, the delivery period can be found in the product details.
The delivery time is usually 2 - 7 working days after receipt of payment in advance. We endeavour to deliver as quickly as possible. Operational disruptions, official interventions, delays in delivery through no fault of our own, strikes and lockouts,
as well as events of force majeure entitle us to withdraw from the contract in whole or in part or to extend the delivery time appropriately. We will indicate any deviating delivery times on the respective product page.

5.3 Transport damage: All deliveries are insured unless otherwise requested by the customer. The insurance charges are included in the shipping costs. Please check the package and goods upon receipt. Report any damage to us by telephone. In the event of a return, please send the goods back to us in the original box with a copy of the invoice.

Important note
The stated delivery times refer to shipping in Germany and Western Europe. Due to customs processes, delivery times may vary considerably, this applies in particular to Eastern Europe and Asia. Delivery to these regions can take up to 3 weeks!

6. payment
The following payment methods are available in our shop:

Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after conclusion of the contract. The payment transaction is automatically carried out by the credit card company and your card is charged.

PayPal
You pay the invoice amount via the online provider Paypal. You must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards.

Cash payment upon collection
You pay the invoice amount in cash upon collection.

6.1 If you choose payment in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

6.2 You only have the right to offset if your counterclaims have been legally established by a court of law or are undisputed or have been recognised by us in writing.

6.3 You may only exercise a right of retention if the claims result from the same contractual relationship.


7. retention of title
The goods remain our property until full payment has been made.


8 Warranty, guarantee, customer service, manufacturer's guarantee
8.1 Warranty: If the goods are defective at the time they are handed over to the buyer, the buyer may, at his discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. We are entitled to reject the type of subsequent performance chosen by the buyer if this is only possible at disproportionate cost. The customer's warranty rights are generally governed by the statutory provisions. The statutory warranty period is two years and begins with the delivery of the purchased item.

8.2 Warranty: In addition, we shall be liable for processing and material defects of the purchased item that occur for the first time within a period of two years from delivery. In this case, we shall be entitled, at our discretion, to remedy the defect (rectification) or to make a replacement delivery. Defects occurring within the warranty period as a result of natural wear and tear or excessive stress (falling, etc.) are excluded from the warranty. The warranty does not grant any further claims. The buyer's statutory warranty rights to subsequent performance (repair, replacement delivery), compensation or withdrawal shall not be limited by this warranty.


8.3 To assert warranty and liability claims, the original purchase receipt must be presented. The possibility of proving the purchase of defective goods from us in another way remains unaffected by this.

8.4 Warranty and/or guarantee claims are to be asserted against Modelleisenbahn-Shop.com or IT & Media Services Giggenbach, owner: Jan Giggenbach , Rupert-Mayer-Weg 7b, 86399 Bobingen, Germany.

The statutory law on liability for defects shall apply. Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service
You can reach our customer service for questions, complaints and objections under the telephone number: +49 (0)8234 / 9541974 (please note our service hours) as well as by e-mail under kundenservice@modelleisenbahn-shop.com . 


9 Liability
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.


10 Right of revocation, revocation instructions, consequences of revocation

DOWNLOAD model cancellation form (valid from 13.06.2014)

Consumers in EU countries have (from 13.06.2014) a uniform 14-day right of withdrawal.
Entrepreneurs are not granted a voluntary right of withdrawal.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration in text form (e.g. letter, fax, e-mail (scan)) within fourteen days. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

You can download the sample cancellation form from our homepage at Withdrawal, fill it out and submit it.

If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail). Returning goods without comment is not sufficient.

The revocation period is fourteen days from the day

- you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are delivered uniformly;

- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and they are delivered separately;

- on the day on which you or a third party other than the carrier and indicated by you has taken possession of the last consignment or the last item, if you have ordered goods which are delivered in several consignments or items; 

- the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods, if goods are supplied as part of an order for the regular delivery of goods over a fixed period of time.

The revocation is to be addressed to:

Modelleisenbahn-Shop
Owner: Jan Giggenbach
Rupert-Mayer-Weg 7b
86399, Bobingen
Germany

Web: www.modelleisenbahn-shop.com 
E-Mail: kundenservice@modelleisenbahn-shop.com 
Tel: +49 (0)8234 / 9541974 (please note our service hours)
Fax: +49 (0)8234 / 8094930


Consequences of revocation

In the event of an effective revocation, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 

If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the value of a deterioration caused by the intended use of the item by not treating the item as your property and not using it and refraining from doing anything that could impair its value.

You shall bear the direct costs of returning the goods, unless otherwise agreed.

With regard to the method of return, please consult us beforehand. If goods are returned freight collect, we may demand reimbursement from the buyer of the difference between the subsequent, increased postage for the freight collect return and the regular costs that would normally have been incurred for a prepaid shipment, or offset this immediately against the purchase price to be reimbursed. In the case of returned goods, it must be ensured that they are delivered to us properly packaged. Furthermore, a copy of the original invoice must be enclosed. Obligations to refund payments must be fulfilled within fourteen days.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract.

The deadline is met if you send the goods before the end of the fourteen-day period.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal also does not apply to contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery. 

End of the cancellation policy


11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.

Further information

Order process
When you have found the product you want, you can add it to your shopping basket without obligation by clicking on the button [add to shopping basket].
You can view the contents of the shopping basket without obligation at any time by clicking on the button [shopping basket]. You can remove the products from the shopping basket at any time by clicking on the button [Delete] or [ X ]. If you want to buy the products in the shopping cart, click the button [Checkout].
Then please enter your data. The mandatory fields are marked with *. Registration is not required. Your data will be transmitted in encrypted form.
After entering your data and selecting the payment method, you will be taken to the order page by clicking the button [Continue to step 3], where you can check your entries again.
By clicking the [Buy] button, you complete the ordering process. You can cancel the process at any time by closing the browser window.
On the individual pages you will receive further information, e.g. on correction options.
Contract text. The text of the contract is stored on our internal systems. You can view the General Terms and Conditions at any time on this page.
The order data and the General Terms and Conditions will be sent to you by e-mail. After the order has been completed, the text of the contract is no longer accessible via the Internet for security reasons.

Redemption of promotional vouchers
(1) Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
(2) Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
(3) Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
(4) Only one promotional voucher can be redeemed per order.
(5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
(6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
(7) The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
(8) The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
(9) The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

Redemption of gift vouchers
(1) Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
(2) Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiry date.
(3) Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
(4) Several gift vouchers can also be redeemed for one order.
(5) Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
(6) If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
(7) The balance of a gift voucher is neither paid out in cash nor does it earn interest.
(8) The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.