 |
|
|
|
|
|
|
|
|
|
| Terms and conditions |
|
 Back |
|
|
|
|
|
|
|
|
|
|
1. Contractual partners, scope
1.1 The CASISOFT MindWare GmbH is the contractual partner for all business dealings that are concluded with the customer in the Internetshop modellbahnshop-lippe.com.
1.2 The version of these General Terms and Conditions of Trade valid and included at the time or the order is exclusively applicable for all our contracts, deliveries and other goods and services. Unless expressly agreed by us, we recognise no deviating conditions of the customer.
2. Conclusion of the contract
2.1 The display of products in the online shop is not a legally binding offer, but an invitation to place an order. Unless otherwise indicated, all offers are valid "as long as stock lasts". Errors accepted.
2.2 By clicking on the button "complete order" in the last step of the ordering procedure you place a binding order for the goods in the shopping cart. The purchase contract is concluded when we accept your order by means of an order confirmation sent by email immediately on receipt of your order.
2.3 You have the choice of concluding the purchase contract in either German or English.
3. Prices and shipping costs
3.1 Prices are quoted inclusive of VAT, there are no shipping costs for delivery within Germany. Shipping costs for delivery to other EU countries are 9,50 Euro, to non EU countries 18,00 Euro. The exact costs appear on both your order in the shopping cart and on the invoice.
3.2 Deliveries to countries abroad the European Union.
Additional customs duties and fees will be charged for deliveriesto countries abroad the European Union.
Details can be found for example at:
http://europa.eu.int/comm/taxation_customs/dds/cgi-bin/tarchap?Lang=DE
4. Payment
Unless agreed otherwise, payment shall be effected by advance payment, credit card or via the payment service “PayPal”. Your credit card or PayPal account will be debited on conclusion of the order.6. Offsetting, Withholding
5. Delivery and delivery times
The regular delivery time for goods that are ready for shipping immediately is approx. 1-3 working days.
The regular delivery time for goods that have to be ordered from the manufacturer is approx. 5-10 working days.
6. Aufrechnung, Zurückbehaltung
6.1 Unless your counter claims have been legally determined in a court of law or are indisputable or have been recognised by us in writing, you are not entitled to offset claims.
6.2 The customer is only entitled to assert his/her right to withhold payment in as far as his/her counter claim is based on the same contractual relationship.
7. Retention of title
All goods supplied remain our property until all claims against the customer have been settled.
8. Warranty, manufacturer’s guarantee
8.1 Should the goods reveal a defect for which we are responsible at the time of delivery, the customer is initially only entitled to the removal of the defect or to demand the delivery of goods that are free of defect. We are entitled to refuse the form of supplementary performance chosen by the customer should such performance involve unreasonable costs. Whereby consideration must be given the to value of the goods when in perfect condition, the importance of the defect and the question of whether the alternative form of supplementary performance could be effected without resulting in any significant disadvantage to the customer. In such a case the right of the customer is limited to the alternative form of supplementary performance; we are also entitled to refuse this on the grounds of unreasonable costs. Should we supply goods that are free of defects for the purpose of fulfilling the supplementary performance, the customer is obliged to return the defective goods and to pay compensation for the capitalised use.
8.2 Should we not be in a position or not willing to effect supplementary performance, or should the supplementary performance be delayed and exceed the reasonable times allowed for its completion due to reasons for which we are responsible or should it prove unsuccessful for any reason whatsoever, the customer is entitled to choose at his/her own discretion to either cancel the contract or demand an appropriate reduction of the purchase price. In the event that the customer cancels the contract, both the customer and we are obliged to return all goods and services received from each other. The customer is obliged to pay compensation for any capitalised use.
8.3 The limitation period of warranty claims is one year for used goods and two years for new goods. Should a defect not become apparent until 6 months after delivery, the customer must prove that the goods were defective at the time of delivery.
8.4 Only the customer is entitled to make warranty claims against us, such claims are not assignable.
8.5 In addition the customer may have the right to claim against the manufacturer of the goods, such right arising from written guarantees (manufacturer’s guarantees), which are often enclosed with the goods. We are not liable for such claims, but will gladly be of assistance within the scope of our service.
8.6 In the event of a possible warranty or guarantee claim please see the warranty information that is enclosed in all our deliveries and if in doubt please call our Service-Hotline at 05231-3082023. This will contribute greatly to speeding up the processing of any possible warranty or guarantee claims.
8.7 For the rest please send all correspondence, any questions you may have or any criticism, suggestions or complaints to: CASISOFT MindWare GmbH, Emilienstraße 33, 32756 Detmold. CASISOFT MindWare GmbH, Emilienstraße 33, 32756 Detmold.
9. Limitation of liability
9.1 We are not liable to enterprises and legal entities under public law or to special estates under public law for indirect damage, in particular not for loss of profit or financial losses.
9.2 With the exception of wilful intent or gross negligence, our liability to customers is limited to typical foreseeable damage. Any more extensive customer claims, for any legal grounds whatsoever, are excluded.
9.3 The above-mentioned exclusions of liability do not apply if we or one of our vicarious agents are guilty of wilful intent or gross negligence or if the damage arises from a breach of contractual obligations or claims in accordance with §§ 1,4 of the product liability law. Furthermore, the limitations of liability do not apply for damage arising from injury to life, limb and health; in such cases we bear unlimited liability even in cases of slight negligence on the part of our legal representatives or vicarious agents. This does not affect liability for any written guarantees either.
10. Statutory right of withdrawal for consumers
Right of withdrawal
Introductory correction
Consumers are entitled to return goods within a period of two weeks. The Federal Ministry of Justice recommends the sample notice below as advice on the consumer?s right of return, although it has been declared as insufficient by some courts. For this reason we inform you that the deadline period is different from that stated below, it begins at the earliest on the day after the goods and the following notice in text form (e.g. letter, fax, email) have been received.
You can return the goods you have received without giving any reasons by sending them back within two weeks. The deadline period begins at the earliest on receipt of the goods and this notice. Only in the case of goods that cannot be packed for parcel delivery (e.g. bulky goods) can you demand in text form, e.g. by letter, fax or email that the supplier take back the goods. Timely sending of the goods or the written demand is sufficient for observing the deadline period. In all cases returns are made at our cost and risk.
Here you can find details to Statutary Right of withdrawal for consumers, Revocation rights information
The withdrawal should be sent to:
CASISOFT MindWare GmbH
c/o modellbahn-shop lippe
Emilienstraße 33
32756 Detmold
Germany
E-Mail: kundenservice@modellbahnshop-lippe.com
Consequences of a withdrawal
In the event of an effective withdrawal, the goods and services received by both parties must be returned and if applicable any capitalisation (e.g. interest) must be refunded. Should you not be able to return the received goods and services to us in full or in part or only in an impaired condition, you are obliged, if applicable, to pay us compensation for the value of the goods and services. (This does not apply for goods, if they are impaired solely as a result of their having been inspected - as might be the case if you had bought the goods in a shop.). In addition, you may avoid having to compensate the value by not treating the goods as your own property and by refraining from all actions that reduce their value. You are liable for the costs arising from the return, if the goods you received accord to those ordered and if the price of the returned goods does not exceed 40 euros or, in the case of goods with a higher price, if at the time of the withdrawal you have still not paid the money consideration or a contractually agreed part payment. Otherwise the return is free of charge for you. Goods that cannot be packed for shipment will be collected. Your obligations to refund any payments must be fulfilled within 30 days after mailing your withdrawal declaration.
End of the right of withdrawal notice
11. Data Protection
11.1 Personal data
You are welcome to visit our site without giving any personal data. We only store access data without any personal details, such as the name of the Internet service provider, the sites from which you visit us or the names of the files accessed. This data is evaluated for the sole purpose of improving our offers and is not personally identifiable. Personal data is only collected if given voluntarily within the scope of your ordering of goods, when you open a customer account or register for our Newsletter. Unless you have given your express consent, we only use the data you have given us for the purpose of fulfilling and processing your order. Unless you have given your express consent for the further use of your data, such data will be blocked for further use once the contract has been completely processed and complete settlement of the purchase price has been made and it will be erased on expiry of the time limits prescribed by fiscal and commercial law. On registration for the Newsletter you give your consent for your name (optional) and email address to be used for our own advertising purposes until such time as you cancel the Newsletter.
11.2 Disclosure of personal data, credit assessment
Should it be required for the delivery of the goods, your data will be disclosed to the forwarder commissioned with the delivery. For the purpose of processing payments, we give your payment record to the bank commissioned with the payment. Should it be necessary and in order to protect our legitimate interests in the event that advanced performance is required on our part, we request credit information from the SCHUFA Holding AG (credit investigation agency), Kormoranweg 5, 65201 Wiesbaden. Your legitimate interests will be taken into consideration in accordance with the legal requirements.
This will not be disclosed to third parties.
11.3 Use of cookies
In this shop, information pertaining to the content of your shopping cart is stored in cookies that can be called up during future visits. If you register with us or wish to place an order, we require your customer data. The data stored in a cookie saves you the trouble of filling in the forms. The cookies created have a lifetime of six months. Furthermore, you can use your browser program to manage the acceptance of cookies and if necessary to block them.
11.4 Data security
Your personal data is transferred via the Internet in coded form using SSL (128 Bit). We use technical and organisational measures to secure our website against loss, destruction, access, modification or disclosure of your data by unauthorised persons. Access to your customer account is only possible after your personal password has been entered. You should treat your access information confidentially and should close the browser window when you have finished communicating with us, especially of you share the computer with others.
11.5 Right of access to personal data
In accordance with the Federal Data Protection Act you have a right, that is free of charge, to access your stored data and where applicable the right to the correction, blocking or erasure of this data.
11.6 Retraction of consent
Where applicable you have expressly given your consent to the following in the course of placing the order. We would like to point out that you can withdraw your consent at any time with effect for the future.
11.7 Opening of a customer account
I consent, on opening a customer account, to basic data (name, address, email, telephone number, and with separate consent my bank details) and usage data (user name, password) being stored in a customer database. This will allow me to log on and place an order using my user name and password without having to enter my data again when purchasing articles in future. I can retract this consent at any time with effect for the future by having my customer account erased by the Support.
11.8 Consent to email advertising
All customer data is stored and processed by us in accordance with the Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG).
If you register for the Newsletter, we store your email address for the purpose of advertising and market research until such time as you cancel the Newsletter.
11.9 Questions
For questions concerning the collection, processing or use of your personal data, the disclosure, correction, blocking or erasing of data and the retraction of consent please contact us at:
CASISOFT MindWare GmbH
modellbahnshop-lippe.com
Emilienstraße 33
32756 Detmold
Germany
Tel: 05231 30820-23
Fax: 05231 30820-20
E-Mail: kundenservice@modellbahnshop-lippe.com
12. Jurisdiction and applicable law
12.1 Detmold, or any other place of jurisdiction or our choice, is the place of jurisdiction for all disputes arising from these General Terms and Conditions and any business transactions agreed within their scope, in as far as the customer is a businessman in the sense of the German Commercial Code (HGB) or a public body.
12.2 Contracts concluded with the inclusion of these General Terms and Conditions are subject to the law of the Federal Republic of Germany, the application of the UN Convention on the International Sale of Goods (CISG) is excluded. In the case of agreements concluded for a purpose that cannot be regarded as being the trade or profession of the beneficiary of the contract (consumer), this legal choice is only applicable in as far as it does not result in depriving the consumer of the protection afforded to him/her by the mandatory rules of the law of the country in which he/she has his/her habitual residence.
13. Final provisions
Should one or more of the provisions of these General Terms and Conditions of Trade be or become invalid, this shall in no way affect the validity of the General Terms and Conditions of Trade as a whole.
|
|
|
|
|
|
|
