|
Terms and Conditions (TAC)
for
Paul Stamm
Rudolf Wilhelm Straß 156
66131 Saarbrücken
DE
Phone: 0033 3 87 02 92 28
E-Mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
VAT Reg No. : DE249390127
- hereinafter referred to as <PAUL STAMM MODELLBAU> -
§ 1 VALIDITY
(1) All deliveries, services and offerings from PAUL STAMM MODELLBAU based exclusively on these General Terms and Conditions. These are part of all contracts concluded by the trader with its contractors (hereinafter also referred to as-customer) about the services it supplies or services. They also apply to all future supplies, services or offers to the customer, even if they are not specifically agreed.
(2) Terms and Conditions of the customer or third parties do not apply, even if their application in individual cases does not contradict separately. Even if refers to a letter containing the terms and conditions of the customer or a third party or refers to them, this does not agree with the validity of such terms and conditions.
(3) Consumer within the sense of these terms and condition is any natural person who enters into a transaction for a purpose that is neither commercial nor its independent vocational activity may be attributed. Contractor under these Conditions is a natural or legal person or a legal partnership, acting at the conclusion of a contract as part of its commercial or independent professional activity.
§ 2 PROVISIONS AND CONTRACT INFORMATION FOR FINAL
(1) General
All offers from PAUL STAMM MODELLBAU represent only a non-binding invitation to tender by the customer.
(2) Technical steps that lead to the conclusion of the contract and sales contract:
a) Order via the online shop
Step 1
By click on the button <DETAILS> or <ORDER> you have the option to order and information of the details - where required - to inform and select.
In the field <SHIPPING COSTS> you get detailed information about payment, shipping with a shipping cost table.
When ordering <1> is given as default. The article should be clicked multiple times, you will be asked to confirm the quantity.
By clicking the button <ORDER> the product will put into the shopping cart. You will be asked to confirm or cancel. By confirming the cart will now always visible on the right with all the relevant information. You can make changes at any time.
Step 2
By clicking the button <YOUR ORDER> in your shopping cart, you will be asked in the next step to determine the shipping method and shipping area. Informative is a detailed description of the shipping methods and payment under the selection boxes available. By clicking on the button <TO ORDER FORM> you will be asked the next step is to specify billing address and shipping address.
Step 3
You see a list of previously entered data. You can change the amount and by clicking the green tick you update the shopping cart or you can remove the item from your shopping cart. The fields marked with * are mandatory and are used to record the invoice and delivery address is required. You have the opportunity before acceptation the terms and conditions under the button <CONDITIONS & Info> to read them again. For future orders you have the ability to save form data as a cookie. By clicking the button <CONTINUE ORDER> you will be asked in the next step to verify your order data.
Step 4
Prior to completion of the ordering process you are asked to check your entries again. By clicking the button <CORRECTION>, <BACK TO SHIPPING> <PAYMENT> you can make corrections before the completion of the order. You also have the option to print the order locally.
By clicking the button <SEND THE ODER WITH COMMITMENT TO PAYMENT> enter a binding order in the basket of goods. You get a confirmation of receipt of the order by e - mail. By clicking the button <SEND THE ORDER WITH COMMITMENT TO PAYMENT> enter a binding order in the basket of goods. You get a confirmation of receipt of the order by e - mail.
The acceptance of the offer made by payment by, sending the order confirmation or delivery of goods or the beginning of the execution of the performance by the seller. Changes and amendments shall apply only if the seller has confirmed in writing or electronically. In order for the contract is closed.
b) Order by phone, mail, fax or letter
Unless expressly provided in the online shop, the final contract is in order by the customer by phone, mail, fax or letter as follows:
The customer declares buy orally or in writing his binding letter of intent, just named items of supply in the online shop to want to. Therein lies the customer's offer to conclude the contract, which may, within fourteen days after receipt.
(3) Storage and access to the treaty text
We save the contract text and send you the order information and the terms and conditions via e-mail, fax or letter. We give you the opportunity to get the contract provisions in the contract and to store in a reproducible form.
(4) We save the contract text and send you the order information and the terms and conditions via e-mail, fax or letter. We give you the opportunity to get the contract provisions in the contract and to store in a reproducible Form.
(5) Available languages :
The contract language is German, French and English.
CANCELLATION
WITHDRAWAL
You can cancel your contract within 14 days without giving any reasons in text form (e.g. letter, e-mail) or - if the goods before the deadline expires - by returning the goods. The time limit begins after receipt of this notification in writing but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfil our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to:
Paul Stamm
Modellbau ohne Grenzen
Rudolf Wilhelm Straße 156
66131 Saarbrücken
DE
E-Mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (e.g. interest) surrendered. Can you give us the performance received and benefits (e.g. benefits), or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. Under> consideration of the characteristics and functioning >refers to the testing and evaluation of the respective goods, such as it is in our store and customary.
Transportable items are to be returned at our risk.
You have to bear the costs of returning the goods if the goods ordered and if the price of the item to be returned by not exceeding 40 Euros, or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free of charge.
Not parcel things are picked up.
Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation notice, and for us with their receipt.
- End of withdrawal -
§ 3 PRICES AND PAYMENT
(1) Apply to the website of PAUL STAMM MODELLBAU prices displayed at time of order. Packaging and shipping costs are calculated and displayed to the customer plus time. In the event that international shipping is available and the remittance from abroad should be noted that other taxes or charges are possible, which is not repaid by the seller or by him charged.
(2)PAUL STAMM MODELLBAU accepts all payment methods specified on the website. PAUL STAMM MODELLBAU provides the customer for the goods ordered from an invoice that is sent to him in writing no later than with goods.
(3) Checks are accepted as payment since the are accepted by the bank.
(4) The total purchase price of the goods ordered is payable depending on the chosen payment method. Shipments abroad, if offered, just in advance, with the>CASH IN ADVANCE<- meaning all types of payments that require a mandatory payment order before delivery of goods by the customer - even below.
(5) Is chosen in advance, payment within 7 (seven) days to pay after order completion. Decisive is the date the money is received from the seller.
(6) With cash on the purchase price immediately in order for the account (if available) within 10 (ten) days from receipt of the first request for payment to be paid without deduction, unless otherwise agreed.
(7) The counter claims by the customer or the withholding of payments due to such claims is only permissible if the counterclaims are undisputed or legally binding.
(8) With regard to companies PAUL STAMM MODELLBAU is authorized to execute deliveries or services only against advance payment or security deposit.
§ 4 PACKING AND SHIPPING COSTS OF RISK
Packaging and shipping costs are shown to the buyer before releasing the order process in the form of a shipping cost table and text as follows known and reported.
(1) Under the link SHIPPING on the product pages for articles
(2) Under the link SHIPPING on the constantly appearing shopping cart, if an item is selected.
(3) At the time of delivery and payment as text
(4) In the ORDER sheet before entering your data, the shipping charges are listed separately as a value.
Valid for customers who are consumers :
(1) The customer bears the cost of returning after a justified revocation if corresponds to the delivered goods ordered and if the price is not the issue returned an amount of 40 € exceed or if the customer at a higher price the thing is not the time of withdrawal in return or has made a contractually agreed part payment.
Incurred in this case as far back end costs, which go beyond the regular costs of return carries them to the extent they were not culpable by the consumer in violation brought against the duty to mitigate damages, the seller.
(2) The seller has to bear in every case, the shipping risk.
Valid for clients who are entrepreneurs :
(1) The risk shall pass to the handover of the delivery item (the beginning of the loading process is applicable) to the shipper, carrier or other third parties to carry out the dispatch to the customer. This also applies if partial deliveries or other services has taken (e.g. shipping or installation). If shipment is delayed or delivery due to circumstances, the cause lies with the customer, the risk of the day to the customer, at the ready, and this has shown to the customer.
(2) The shipping and packaging are subject to appropriate consideration of PAUL STAMM MODELLBAU.
(3) The customer bears the costs of risk bearing. When stored by PAUL STAMM MODELLBAU the storage costs 0.25% of the invoiced amount of the stored items delivered per full week. Remain the assertion and proof of additional or lower storage costs reserved.
(4) The shipment will be insured by PAUL STAMM MODELLBAU only at the express request of the customer's expense against theft, breakage, transport, fire and water damage or other insurable risks.
§ 5 SUPPLY AND DELIVERY TIMES
Arrangements for consumers :
(1) The delivery of goods to the Customer by third parties (delivery services).
(2) For already in-stock merchandise PAUL STAMM MODELLBAU, the delivery time - unless otherwise specified in the offer - up to 5 (five) working days after receipt of order, or cash in advance to be as high as 5 (five) working days after receipt of money.
(3) For non-stock goods may already lead times up to several weeks after the order or advance payment: cash receipt amount. Productions are implemented only after receipt of payment à account started.
(4) Whether the product is in stock, please refer to the offer text. Found there is no information on stock or delivery times apply, the delivery times for in-stock merchandise.
(5) Partial shipments are permitted unless the customer declines interest in them or if they are not visible reasonable. Reasonableness is achieved when :
- the partial delivery for the customer under the contract designated purpose,
- delivery of the remaining ordered goods is ensured and
- The customer thus no considerable additional effort or cost incurred (unless the seller agrees to accept these costs).
(6) The cost of transportation and packaging will be charged for partial deliveries only once.
Arrangements to entrepreneurs :
(1) Deliveries are made from 66131 Saarbrücken :
(2) Of the promised deadlines and dates for deliveries and services are only approximate, unless expressly agreed that a fixed period or a fixed date or agreed. Unless shipment is agreed, the delivery times and dates to the time of delivery to the shipper, carrier or other third parties responsible for the transport.
(3) PAUL STAMM MODELLBAU may - without prejudice to his rights arising from default of the customer - ask the client for an extension of delivery and performance times, or a postponement of delivery and performance dates to the period in which the customer's contractual obligations with respect to enforcement.
(4) PAUL STAMM MODELLBAU is not liable for inability to deliver or for delays, if this force majeure or other, not at the time the contract unforeseen events (e.g. Malfunctions of any kind, difficulties in obtaining materials or energy, transport delays, strikes, legal been lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary regulatory approvals, regulatory actions or lack of, incorrect or late delivery by suppliers), which has no control over. If such events complicate the delivery or performance or impossible, and the difficulty not only of a temporary nature, is to withdraw from the contract. When obstacles to extend the temporary nature of delivery or performance deadlines or postpone the delivery or performance dates for the period of the hindrance plus an appropriate start date. If the customer as a result of the delay to accept the delivery or performance is not unreasonable, he may withdraw by immediate written notice to terminate the contract.
§ 6 PERFORMANCE AND ACCEPTANCE UNLESS THE CUSTOMER IS BUSINESS
(1) Performance for all obligations under the contract is DE 66131 Saarbrücken unless otherwise specified. Paul STAMM MODELLBAU owes the installation is the place of performance, to take place where the installation has.
(2) If acceptance is to take place, the goods shall be deemed accepted if
- The delivery and, if the installation PAUL STAMM MODELLBAU owes the installation is complete. Fulfilment of the place, to take place where the installation has shall so notify the customer indicating acceptance fiction informed by this scheme and asked him to accept,
- Have passed since the delivery or installation of twelve working days or the customer started with the use of the purchased item is (e.g. the delivered system is put into service) and have passed since in this case, delivery or installation of six working days, and
- Has failed to make the customer the purchase within this period for any reason other than because of a reported defect, the use of the goods makes it impossible or significantly impaired.
§ 7 NON AVAILABILITY, REPLACEMENT
In the event of unavailability of an item ordered, reserves PAUL STAMM MODELLBAU to provide the same quality and price performance (good or service), if this is reasonable for the customer and this agrees in writing to the replacement. If this is not possible or does not, the customer can not PAUL STAMM MODELLBAU perform as promised. In this case, the statutory provisions.
§ 8 WARRANTY PROVISIONS TO CUSTOMERS
(1) The statutory warranty periods.
(2) The offer should be given a guarantee, then the implied warranty remains unaffected.
Warranty provisions to entrepreneurs :
(1) The warranty period is one year from delivery or, if acceptance is required upon acceptance.
(2) The goods supplied are carefully inspected immediately after delivery to the customer or its designated third party. They are considered as approved, unless a complaint regarding obvious defects or other defects which were visible in a prompt, thorough investigation, within seven working days after delivery of the item, or otherwise within seven working days after the discovery of the defect or the date on which the lack of customers during normal use of the delivered item was visible without close examination, is received in writing. At the request of PAUL STAMM MODELLBAU is the alleged delivery item to be returned carriage paid to PAUL STAMM MODELLBAU. With justified complaint tempered PAUL STAMM MODELLBAU The cost of the cheapest shipping route, which does not apply if the costs increase, because the object of delivery is at a place other than the place of intended use.
§ 9 SHIPPING DAMAGE
We ask consumers in the event of damage for help :
The goods are insured on its way to you by default by us in full.
It can happen in very rare cases, damage in transit, so we ask you the shipment upon delivery for any damage to check out before you can acknowledge the proper reception..
If there is damage, then you should refuse the delivering company's signature to a proper delivery. Do not let her sit down by the delivery agent under time pressure.
If the packaging is damaged, then the goods are in most cases is not included. So please take the shipment to complete even in the event of a damaged package and note the damage on the receipt. A note of damage is possible, contrary to some shippers looking statements even on an electronic input device. If the merchandise is damaged, please contact us promptly to report the loss by mail. Please describe briefly the damage and send it with pictures if possible. The failure to make a complaint of a transport damage must affect your statutory warranty rights are no consequences. But they help us to make our own claims against the carrier or the transport insurance.
We would already like to thank once and for your help.
Applies to entrepreneurs :
Damage can be done only if the following instructions are strictly adhered to :
1. Obvious damage prior to acceptance of the goods must be endorsed on the bill by a significant endorsement of specific damage to the delivering truck driver. For rail transport is also a factual report immediately to apply to the clearance of goods. When mail delivered before acceptance of the damaged shipment a written confirmation of the loss by the postal workers is required. In addition, immediately notify the post office is responsible to and to request a visit and fact finding.
2. In case of hidden damage that you may notice when unpacking the shipment must remain up for inspection and damage assessment unchanged by the transport company. Please inform us immediately. If possible please send pictures. Depending on different short periods of transport apply here, where claims must be asserted. Basically, you are obliged to immediate incoming inspection.
3. As a precaution, we suggest that a clause on the bill> Reception subject to any subsequent examination < or similar expressions are sufficient to provide subsequent rights of recourse to the transport company.
(3) In case of defects of the goods supplied PAUL STAMM MODELLBAU is within a reasonable time after his election to be taken first to the repair or replacement required and justified. In case of failure, i.e. the impossibility of unreasonableness, refusal or unreasonable delay of the repair or replacement, the customer may cancel the contract or reduce the purchase price accordingly.
(4) In case of defects of components from other manufacturers, which can eliminate not included for practical or legal reasons, will make his choice after his warranty claims against the manufacturers and suppliers on behalf of a customer claim or assign to the customer. Warranty against such defects exist with under other conditions and in accordance with these General Conditions only when the judicial enforcement of the aforementioned claims against the manufacturers and suppliers have been unsuccessful or, for example due to insolvency, is hopeless. During the duration of the dispute concerned the validity of warranty claims against the customer is inhibited.
(5) An individually agreed with the customer takes delivery of used goods to the exclusion of any warranty.
(6) Claims for damages because of negligence by PAUL STAMM MODELLBAU are not limited by the foregoing warranty provisions.
§ 10 OWNERSHIP
Regulations for the retention of title to Consumers :
All deliveries are subject to payment. The delivered goods until full payment of the purchase price of property PAUL STAMM MODELLBAU.
(1) The following agreed retention of title is used to secure all existing current and future claims against the Customer by the existing supply relationship between the parties (including balance claims from a limited supply relationship to this current account)..
(2) Of the delivered goods to the customer until full payment of all claims secured by property PAUL STAMM MODELLBAU. The goods and the place is under this clause in lieu of, the reservation of property seized goods referred to hereinafter as reserved goods.
(3) The customer shall store the reserved goods free of charge for PAUL STAMM MODELLBAU-
(4) The customer is entitled to process the reserved goods to the entrance of the recycling case (paragraph 9) in the ordinary course of business and to sell. Pledges and security are inadmissible.
(5) If the reserved goods are processed by the customer, it is agreed that the processing on behalf and on behalf of PAUL STAMM MODELLBAU is a manufacturer and direct property, or - if the processing is done from materials of several owners or the value of the processed item is higher than the value of the goods - PAUL STAMM MODELLBAU joint ownership (fractional ownership) to acquire the newly created object in proportion to the value of the goods to the value of the newly created object. In the event that no such acquisition of property should occur at the customer shall already be future ownership or - in the above Relationship - joint ownership of the newly created object to the security of PAUL STAMM MODELLBAU. If the reserved goods with other items into a single combined or inseparably mixed, and is one of the other things as a main item, then transmits PAUL STAMM MODELLBAU, as far as the main item to the customer a pro rata ownership in the uniform matter where in sentence 1 mentioned ratio.
In the case of resale of the goods, the customer already now half the any resulting claim against the purchaser - in proportion to ownership of the joint ownership of the goods accordingly - starting at PAUL STAMM MODELLBAU. The same applies to other claims that take the place of the goods or otherwise arising with regard to the subject merchandise, as z.Bsp. Insurance claims or tort claims for loss or destruction. irrevocably authorizes the customer to collect the assigned claims in its own name on behalf of PAUL STAMM MODELLBAU. PAUL STAMM MODELLBAU may revoke this authorization only in the case of recovery.
(6) In the case of resale of the goods, the customer already now half the any resulting claim against the purchaser - in proportion to ownership of the joint ownership of the goods accordingly - starting at PAUL STAMM MODELLBAU. The same applies to other claims that take the place of the goods or otherwise arising with regard to the subject merchandise, as z.Bsp. Insurance claims or tort claims for loss or destruction. irrevocably authorizes the customer to collect the assigned claims in its own name on behalf of PAUL STAMM MODELLBAU. PAUL STAMM MODELLBAU may revoke this authorization only in the case of recovery.
(7) If third parties on the subject goods, in particular through seizure, the customer will immediately inform them on the property of PAUL STAMM MODELLBAU and shall inform PAUL STAMM MODELLBAU, to enable him to enforce his property rights. If the third party is not able to refund arising in this context, judicial or extrajudicial costs, the customer is liable.
(8) PAUL STAMM MODELLBAU is the subject goods and the place to share with her any items or claims on demand at his choice, if their value exceeds the amount of the secured claims by more than 50%.
(9) Occurs when a breach of contract by the customer - in particular default in payment - PAUL STAMM MODELLBAU cancel the contract (recovery case), he is entitled to the reserved goods.
§ 11 PROCEDURES FOR DEALING WITH COMPLAINTS
Our procedure for handling complaints complies with the requirements of professional diligence. Should you therefore wish to make complaints, you can do about all this means and said communication addresses or numbers to do so in writing or orally. Timely processing is assured.
§ 12 EXCLUSION OF REVOCATION RIGHT FOR ENTREPRENEURS
If you act upon conclusion of the contract as an entrepreneur, there is no right of withdrawal.
§ 13 NOTES ON PACKAGING REGULATION
We point out that according to legal requirements, we approved a dual system are connected.
§ 14 NOTES TO THE BATTERY LAW
Batteries must not be disposed of with household garbage. You are legally obliged to supply batteries for professional disposal. You can do your old batteries free of charge to the public collection in your community or wherever batteries are sold. You can return used batteries to us at the above address. We will then dispose of them properly and free of charge. Batteries containing hazardous substances are marked with a symbol consisting of a crossed-out wheeled bin and the chemical symbol (Cd, Hg or Pb) provide for classification as a pollutant crucial heavy metal.
The trash can means no batteries in the trash can.
The characters in the garbage stand for:
Pb battery contains lead
Cd: battery contains cadmium
Hg: battery contains mercury
§ 15 FINAL PROVISIONS
(1) In the event that any provision of these Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected. This is especially true for the already concluded contract. In place of the ineffective clause does the statutory scheme. Different only if, in this case, the adherence to the contract constitutes an unreasonable hardship for one party. Then the total contract is invalid.
(2) The relationship between PAUL STAMM MODELLBAU and the customer are subject exclusively to the laws of the Federal Republic of Germany under exclusion of the provisions of the CISG.
(3) If the customer is a merchant, legal person of public law, public law special fund or consumers, but has no general jurisdiction in Germany or transfers his residence to the contract abroad or not to determine the residence of the customer at the time the action is brought, jurisdiction for any disputes arising from the business relationship between the customer and the location of our business office. Binding provisions on exclusive jurisdiction affected by this rule.
Note :
The customer is aware that PAUL STAMM MODELLBAU stores data from the contract pursuant to § 28 Federal Data Protection Act for the purpose of data processing, and reserves the right, the data to the extent necessary to fulfil the contract, transmit to third parties (e.g. Insurances).
You have the option of these terms and conditions (TAC) to print directly as .Pdf file or to request a free copy.
© it-recht-deutschland, Stand: 05. August 2011
|
