Terms & Conditions

Standard Business Terms and customer information

I. Terms

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you make with us as a provider (Fechtner Modellbau GmbH & Co. KG) Close via the website www.fechtner-modellbau.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.

(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods .

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button
  (or similar name) After entering your personal data and the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.


Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
 
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

§ 3 Customized Goods

(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
 

(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
 

(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.

§ 4 Special agreements for offered payment methods

(1) Installment purchase via easyCredit
When buying in installments via easyCredit, the general terms and conditions for buying in installments from easyCredit also apply. You can find the terms and conditions here .

(2) Payment by SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a Klarna Group company (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an activated online banking account. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment order to SOFORT. Your bank account will be debited immediately after placing the order. More information about SOFORT can be found at https://www.klarna.com/sofort/.
 
(3) SEPA Direct Debit 
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The arrival of the payment is done within 3-10 Days after the contract.
The deadline for submitting the pre-notification will be reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a direct debit due to your fault, you have to bear the bank fee.

§ 5 Right of Retention, Retention of title

(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve the ownership of 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 now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, 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 statutory liability for defects.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) As far as you are an entrepreneur, deviating from the above warranty regulations applies:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the type of goods or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location 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 in time does not apply:


- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.

§ 7 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention explicitly do not apply.





II. Customer Information

1. Identity of the seller

Fechtner Modellbau GmbH & Co. KG
Lerchenstraße 17
74259 Widdern
Germany
Phone: +496298938838
Email: info@fechtner-modellbau.de



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.


2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion 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. We do not save the complete text of the contract. Before sending the order via the online shopping cart system  the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.

4. Codes of Conduct

4.1. We have submitted to the buyer's seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de / downloads / käufersiegel /buyer sealcertification criteria.pdf.

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 prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

6.4. Costs of money transfer incurred (Bank transfer or exchange rate fees) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

7. Delivery terms

7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

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/de / services /legal security / general terms and conditions service.

last update: 29.11.2022


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