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.
Unless you use it as a payment method an emergency number system (eg PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), you will be guided in our online store either on the order summary page, or you are first on the website of the instant number system passed.
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) Unless we create within the individual design for text, images, graphics and designs, these are subject to copyright.
Without our express permission is a use, reproduction or modification of individual parts or complete contents not permitted.
Unless otherwise agreed, we transfer you to an indefinite period of time to create for you copyrighted works. You are prohibited from expressly to provide the protected works or parts thereof in any way to third parties private or commercially available.
The transfer of rights of use is subject to the condition precedent of full payment of the agreed purchase price.
§ 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, the following also applies:
a) We reserve title to the goods until full settlement of all claims from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will take all claims in the amount of the bill that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the receivable. Unless you meet your payment obligations incorrectly, we reserve the right, however, to collect the claim itself.
c) When connecting and mixing of the goods we acquire joint ownership of the new item in proportion of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the collateral to be released.
§ 6 warranty
(1) There are the statutory warranty rights.
(2) Unless you are a business, notwithstanding Abs.1 applies:
a) Characteristics of the goods are only our own specifications and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due attention to the quality and quantity and us from receipt of the goods obvious defects within 7 days in writing (eg e-mail), the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from discovery. In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. Fails to remedy the defect, you can demand reduction or withdraw from the contract according to your choice. The remedial measures shall apply after the unsuccessful second attempt as failed if it does not appear from the nature of the item or the defect, or other circumstances. In 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, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith, as well as recourse under §§ 478, 479 BGB.
§ 7 liability
(1) We shall each be unrestricted for damages resulting from injury to life, limb or health. Next we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding provision in our customer information (Part II)and Terms and Conditions (Part I) .
(3) If essential contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations, the contract imposes on us in his content to the purpose of the contract, make the fulfillment of the proper execution of the contract at all possible and on compliance You can rely on a regular basis.
(4) In case of breach of minor contractual obligations, liability is excluded for slight negligence.
(5) The data communication via the Internet can not be guaranteed error free and / or available at all times in accordance with the current state of technology. We shall be liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
§ 8 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: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http://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. The available to you Payment are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. 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
8.1. The warranty for our goods is governed by the rules "Warranty" in our Terms and Conditions (Part I).
8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damages and advise us and the shipper complaints as quickly as possible. Come fails to do, this does not affect your statutory warranty claims.
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: http://www.haendlerbund.de/agb-service.
last update: 02.10.2017