| General Terms and Conditions |
| Effective from 28th September 2006 1. Validity 1.1 These General Terms and Conditions are valid for all business relations between RC-Car-Shop Hobbythek and its customers in its current version upon commission of contract. 1.2 Our General Terms and Conditions are exclusively valid. Any of the customer"s deviant or contrary conditions unacknowledged unless explicitly recognised by RC-Car-Shop Hobbythek in written form. 2. Contract Settlement 2.1 The representation of RC-Car-Shop Hobbythek’s assortment via computers connected to the Internet does not represent an offer in terms of paragraph 145ff. of German Civil Code. 2.2 Orders may be placed via email, order form (available through RC-Car-Shop Hobbythek or downloadable from the Internet), fax, telephone, or post. 2.3 By placing an order with RC-Car-Shop Hobbythek via email or any other form as specified by section II, subsection 2 of these terms, the customer makes an offer in terms of paragraph 145 of German Civil Code. The customer receives confirmation of receipt of her order via email. RC-Car-Shop Hobbythek will inform the customer of any possible errors in the assortment"s specifications on the website separately and make a counteroffer if applicable. 2.4 The contract is commissioned when RC-Car-Shop Hobbythek accepts this offer. The order is accepted under reserve in terms of the availability of ordered goods and services. A declaration of acceptance by RC-Car-Shop Hobbythek is unnecessary; the customer waives such acceptance in terms of paragraph 151 p. 1 of German Civil Code. If RC-Car-Shop Hobbythek is unable to accept the customer"s offer, it will inform the customer in electronic form. 2.5 All foreign orders must be payed in advance by wire transfer or credit card. 2.6 Upon declaration of new prices, all other (previous) prices that apply to the respective items are null and void. The stated prices include the legal VAT. The prices apply exclusively to the product described, and not to any contents, accessories, or decoration. 2.7 There is no minimum order amount for delivery. 3. Delivery 3.1 RC-Car-Shop Hobbythek will promptly deliver the ordered goods to the address given by the customer. 3.2 Delivery is made based on the stated shipment costs in each individual case according to our table of shipping costs. All risks and dangers of shipment are passed to the customer as soon as the goods are transferred from RC-Car-Shop Hobbythek to the contracted logistic partner. All deliveries are insured by default. The import duties have to be payed by the customer. 3.3 RC-Car-Shop Hobbythek reserves the right to make any technical modifications in terms of technical improvement, as well as changes to form and colour. Any colour deviation between the photographed product representation on the Internet or in the catalogue and the stated colour in real life is due to technical or print conditions. 3.4 Information on the estimated date of delivery is non-obligatory if RC-Car-Shop Hobbythek has not confirmed an obligatory date to the customer in written form in individual cases. 4. Conditional Sale All delivered goods remain property of RC-Car-Shop Hobbythek until the customer settles all outstanding invoices. 5. Payment Conditions 5.1 RC-Car-Shop Hobbythek only accepts the payment methods stated when ordering. Payment via a running customer account is only possible in certain exceptions if the customer has appropriate referees and only if agreed upon by RC-Car-Shop Hobbythek via telephone prior to ordering. 5.2 The sales price is due at the conclusion of contract. 5.3 If the customer lags in payment, RC-Car-Shop Hobbythek reserves the right to charge a default interest of seven per cent more than the respective base rate. RC-Car-Shop Hobbythek"s right to assert a claim due to higher damages remains hereby unaffected, as does the customer"s right to assert lesser claims. This also holds for COD deliveries that cannot be delivered due to circumstances the customer is liable for. In particular, the COD fee can be charged in this case. 5.4 The customer is only authorized to charge if any counterclaims have been legally ascertained, uncontested or recognised by RC-Car-Shop Hobbythek. 6. Withdrawal 6.1 The customer reserves the right to withdraw her conclusion of contract within 14 days of receipt by returning the goods to RC-Car-Shop Hobbythek. The punctual return of the goods is sufficient for ensuring the time period. The customer is liable for onus of proof of the return shipment and delivery of the returned goods. 6.2 The customer covers all costs for a return shipment of goods up to a value of EUR 40.00 unless the delivered goods or services were not ordered. RC-Car-Shop Hobbythek covers the costs of return shipments for orders over EUR 40.00. However, we ask that customers prepay postage fees for the shipment to avoid disproportional high fees. Customers will be refunded the prepaid postage upon sending us their bank account number. 6.3 In the case of withdrawal RC-Car-Shop Hobbythek will refund the respective invoiced sum. Any fees paid by RC-Car-Shop Hobbythek for returned shipments according to subsection 2 will be deducted from the refund sum. Bank transaction fees for payments abroad will also be deducted from the refund sum. 6.4 In the case of considerable degradation or loss of goods, the customer is obligated to compensate RC-Car-Shop Hobbythek for the respective decline in value in the case of withdrawal. If the customer has already paid the invoice, RC-Car-Shop Hobbythek is entitled to deduct the decline in value from the refund sum. In certain cases, the decline in value can be equivalent to the sales price paid by the customer. 6.5 The right to withdrawal does not apply to contracts a) for the delivery of goods that are custom-manufactured or personalised for customers (e.g. special customer wishes that were regarded during manufacture/assembly of the products) b) for the delivery of special sizes and custom-made products c) for video and audio recordings (CDs) if the seal has been broken. In addition, paragraph 3; section 2 of the German Remote Distribution Law [FernabsG] is applicable. 7. Guarantee 7.1 RC-Car-Shop Hobbythek is responsible for defects that exist at the time of shipment of goods for the duration of the legal warranty term according to the following stipulations: 7.2 The customer is to promptly inform RC-Car-Shop Hobbythek in written form of any defects that occur. If defects exist that RC-Car-Shop Hobbythek is accountable for, RC-Car-Shop Hobbythek will eliminate such defects or offer a replacement as it sees fit. 7.3 Should the elimination of defects or the replacement delivery fail, or if RC-Car-Shop Hobbythek is unwilling or unable to eliminate defects or replace products within an appropriate time frame due to reasons RC-Car-Shop Hobbythek is responsible for, the customer is entitled to retrogressively withdraw from her contract or demand a reduction in the sales price of the respective product. 8. Data Protection 8.1 Storage and processing of personal data RC-Car-Shop Hobbythek is committed to protecting the privacy of all customers who make purchases in its shop, and treats customers" personal data confidentially. Data protection is based on the respective valid legal stipulations as stated by the German Federal Data Protection Law [BDSG] and Information and Communication Service Law [IuKDG]. Data received from customers is stored. Customers may have their stored data deleted at any time by requesting so in an email sent to hobbythek@t-online.de. 8.2 Use of personal data RC-Car-Shop Hobbythek uses customers" personal data exclusively for the fulfilment of orders placed by customers. 8.3 Transfer of information RC-Car-Shop Hobbythek does not circulate or transfer personal data to any third parties. RC-Car-Shop Hobbythek customers receive emails from RC-Car-Shop Hobbythek for the sole purpose of informing of significant modifications in business. The customer can, however, object to this at any time, even when placing an order. 8.4 Security measures for the prevention of loss and misuse of personal data When transferring personal data or information RC-Car-Shop Hobbythek utilises encrypted technology for highest confidentiality. Our servers implement various security measures and authentication processes to hamper unauthorised access. 9. Liability 9.1 RC-Car-Shop Hobbythek is liable without limitation for claims of non-existing characteristics it has warranted, as well as damage claims caused either intentionally or through culpable negligence by its legal agents and/or executive employees. 9.2 Other damage claims that arise from a delay by RC-Car-Shop Hobbythek , an impossibility for which RC-Car-Shop Hobbythek is responsible, or breach of duty which is of significant importance for the attainment of the contractual purpose (cardinal obligation), are limited to such damages that, due to the contractual use of the goods, are typical and predicable. In such a case, liability is limited to the amount of two times the paid sales price at the time of order. 9.3 Further reaching liability is debarred, especially for claims that have not evolved from the goods themselves, claims of loss of profit, or financial loss claims of the customer. 10. Registered Office and Liability RC-Car-Shop Hobbythek Nauenweg 55 47805 Krefeld Deutschland Telefon: +49 (0) 2151-820200 Telefax: +49 (0) 2151-8202020 eMail: hobbythek@t-online.de 11. Final Clauses This contract exclusively underlies the law of the Federal Republic of Germany. Provided the customer is a merchandiser, exclusive court of jurisdiction for all disputes resulting directly or indirectly from this contractual relationship, as long as this can be permissibly agreed upon by both parties, is in Krefeld, Germany. |
12. We accept no warning without previous correspondence by registered mail with return receipt! If the content and / or presentation of this site infringe third party rights or statutory regulations, we ask for a message without cost. We guarantee that the complained about will be removed immediately, without the need on your part to involve a lawyer. All offers without prior contact costs, we completely reject and file a counter suit for violation of said provisions. The cost of a lawyer"s warning without previous contact will be with us as an operator in the sense of loss mitigation (§ 254 par 2 BGB) rejected as unfounded. |
