Terms & ConditionsTerms and Customer Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts with us as a supplier (Frank Fechtner) Close on the website www.fechtner-modellbau.de. Unless otherwise agreed, the inclusion of which might be used by you own conditions is contradicted.
(2) Consumers within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor its independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) Already with the setting of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product description.
(3) The contract is through the online shopping cart system at as follows:
The purchasing goods intended are stored in the "basket". Use the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time.
After calling the site "Checkout" and entering the personal information and the payment and shipping terms, all order data will be displayed on the order summary page concludes again.
Insofar as you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as payment method, you will either be directed to the order overview page in our online shop or you will first be directed to the Internet site of the provider of the instant payment system forwarded.
If the forwarding to the respective emergency number system, take there the appropriate selections or enter the information. Finally, you will be directed back to our online shop on the order summary page.
Before submitting the order you will have the opportunity here to check all the details again to change (also using the "back" of the Internet browser) or cancel the purchase.
"Order to pay it" By sending the order via the button you declare legally binding acceptance of the offer, which the contract is concluded.
(4) Your requests for the creation of an offer are not binding for you. We submit this a binding offer in writing (eg e-mail), which you can accept it within 5 days.
(5) The completion of the order and submission of all necessary information in connection with the conclusion of the contract takes place partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receipt of e-mails will be assured by technical means and especially not prevented by spam filters.
§ 3 Customized Goods
(1) You provide us with the information necessary for the individual design of products to appropriate information, text or files via the online ordering system or by e-mail no later than immediately after the conclusion available. Our any specifications about file formats have to be observed.
(2) You agree not to transmit any data, the contents of which infringe rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. Make ourselves from all in this context, the asserted claims of third parties. This also relates to the cost of the necessary in this context legal representation.
(3) We make no examination of the data transmitted to the correctness and assume no liability for any errors.
§ 4 Special arrangements for payment methods offered
(1) SEPA Direct Debit (basic and / or direct debit)
When paying by SEPA Direct Debit or by SEPA Direct Debit you authorize us by submitting a corresponding SEPA mandate to collect the invoice amount from your account.
The arrival of the payment is done within 3-10 Days after the contract.
The deadline for the submission of a preliminary announcement (pre-notification) shall be reduced to 5 days before the due date. They are obliged to ensure the sufficient funds in the account by the due date. In case of a return debit result of your You have to bear the resulting bank fee.
§ 5 retention, Retention of title
(1) A lien can only exercise if it is receivable from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3)Are you an entrepreneur, is the following additional:
a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 warranty
(1) There are the statutory warranty rights.
(2)As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) As far as you are an entrepreneur, deviating from the above warranty regulations applies:
a) As a condition of the thing only our own information and the product description of the manufacturer as agreed, but not other advertising, public charges and statements of the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after unsuccessful second attempt, unless otherwise specified, in particular, by the nature of the item or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The reduction of the time limit does not apply:
- culpably caused damages due to injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing;
- in the case of items which have been used for a structure in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 7 right choice
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer will not be withdrawn (favourability).
(2)The provisions of the CISG find expressly not apply.
II. Customer Information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online dispute resolution (ODR platform) under prepared callable https://ec.europa.eu/odr.
2. Information about the conclusion 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 the regulations "Condition of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, treaty text storage
3.1. Contract language is German.
3.2. The full text of the contract will not be saved by us. Before submitting the order via the online - shopping cart system can the contract data is printed using the print function of the browser or saved electronically. After receipt of the order with us, the order data, the information required by law for distance contracts and the general terms and conditions are again sent via email to you.
3.3. In Requests outside the online shopping cart system will give you all contract data sent as part of a binding offer in writing, can send an email, which you can print or save electronically example.
4. Codes of Conduct
4.1. We have thus the Ecommerce Europe Trustmark Code of Conduct subject to us the buyer Seal Quality criteria Händlerbund Management AG and accompanied, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Price and Payment Methods
6.1. The reasons given in the respective offer prices and shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective offer, are reported separately during the order process and are payable by you in addition, unless the no shipping costs is promised.
6.3. If the delivery to countries outside the European Union may incur additional costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate charges of the credit institutions), which are to be borne by you. You also have to bear the costs of transferring the money in cases where the delivery was made to an EU member state but the payment was initiated outside the European Union.
6.4. The available to you Payment are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Insofar as the individual payment methods indicated otherwise, the payment claims from the completed contract immediately due for payment.
7. delivery terms
7.1. The delivery, the delivery and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective offer.
7.2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is at your risk.
8. Statutory warranty rights
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017