General Terms and Conditions - Frank's Modellautoecke, Owner: Frank Finkel - www.franks-modellautoecke.de
(1) These General Terms and Conditions (GTC) apply to all offers and services concerning the Internet platform -www.franks-modellautoecke.de. If the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted.
(2) Individual contractual agreements have priority over general terms and conditions.
2. Conclusion of the contract
(1) The service descriptions on our Internet pages - www.franks-modellautoecke.de do not yet constitute an offer to conclude a purchase contract. Such an offer is only made with the online order of the customer via the contact form or on the basis of an order made by telephone or in text form. The confirmation of receipt of the order subsequently sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer shall no longer be bound by his offer (this shall expire) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the receipt of the order by us).
(2) If a declaration of acceptance received by the customer late has been sent in such a way that it would have been received by him in time if it had been sent regularly, and if the customer had to recognize this, he must notify us of the delay immediately after receipt of the declaration, unless it has already happened before. If the customer delays the dispatch of the notification, the acceptance shall be deemed not to be delayed. Otherwise, the delayed acceptance by us shall be deemed to be a new offer to conclude a purchase contract, which the customer may accept by express declaration of acceptance or by taking delivery of the goods.
3. choice of law
The contractual relations between the parties to the purchase contract shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.
4. Prices, Payment, Delivery, Shipping Costs
(1) The remuneration includes the sales tax (value added tax) valid at the time of the order.
(2) We offer the following payment options when concluding contracts:
I. For deliveries within Germany:
1. prepayment by
- bank transfer
- Credit card
2. direct debit with corresponding authorization of the buyer
3. payment by credit card
4. cash on delivery
II. for deliveries abroad
Payment in advance by
- bank transfer
- Credit card payment
III. in addition, the collection of our goods in our store against cash payment is possible after arrangement (66953 Pirmasens, Curvenstrasse 7).
(3) All articles are delivered within Germany and to - Europe.
(4) The delivery will be made either by DPD, DHL or by a manufacturer-owned forwarding agency.
(5) The shipping costs can be found in the button in the navigation as well as in the goods presentations.
5. information under distance selling law
(1) The description of the goods results from the presentation on the Internet at www.franks-modellautoecke.de.
(2) The instructions about your legal right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of withdrawal, e.g. return, return costs and compensation for lost value, can be found under the menu item "Cancellation Policy".
(3) Delivery shall be made at the latest within 5 working days (Monday to Friday, public holidays excepted) after the payment order has been issued to the remitting credit institution (in the case of advance payment) or after conclusion of the contract (in the case of cash on delivery or purchase on account).
(4) We do not provide any customer services, in particular no customer service, and do not grant any guarantees ourselves.
(5) There is no out-of-court complaint or redress procedure to which we are subject.
(6) All further information about our company, the offer and the handling of the purchase can be found on our website.
6. consumer dispute resolution procedure
Since 09.01.2016, the Regulation (EU) No. 524/2013 (ODR Regulation) is in force on online dispute resolution in consumer matters. It applies to the out-of-court settlement of disputes about contractual obligations arising from online sales contracts or online service contracts between consumers and online merchants and aims to achieve a high level of consumer protection in the European single market. The online dispute resolution (ODR) option is intended to provide a simple, efficient, fast and inexpensive out-of-court solution to disputes. The OS platform forwards duly filed complaints to the (under national law) competent AS bodies (Out-of-Court Dispute Resolution). The use of the ODR platform itself is free of charge, in proceedings before the ADR entities, the consumer may incur costs (up to EUR 30.00) if his request is abusive of the law.Link to the EU Commission's ODR platform: https://ec.europa.eu/consumers/odrUnsere email address is: email@example.com
7. information on electronic commerce
(1) Technical steps to conclude the contract
See the explanations in section 2 of our GTC.
(2) Contract text storage / printout
The customer can save the text of the contract by using the "Save as" function of his browser to save the relevant Internet page on his computer. Through the print function of his browser, he also has the option to print out the contract text. We ourselves save the contract texts and make them available to the customer by email or by post on request.
(3) Possibility of correction
The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview also offers an additional correction option before submitting the online order, which is pointed out to the customer.
The language available for the conclusion of the contract is exclusively German.
(5) Code of Conduct
We have not subjected ourselves to any special code of conduct (set of rules).
There is a statutory warranty right for the purchased goods. The warranty period (i.e. the liability period) for defects of the goods is 24 months for new goods and 12 months for used goods.
The warranty period starts from the handover of the goods to the buyer.
Warranty claims for new and used goods are subject to a limitation period of two years from the date of handover of the goods to the buyer. However, the regular limitation period of 3 years shall apply,
beginning with the end of the year in which1. the claim arose and2. the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence,
- if it concerns the liability for damages from the injury of the life, the body or the health which are based on a negligent or deliberate breach of duty committed by me or a deliberate or negligent breach of duty of one of my fulfilment assistants or
- if it concerns the liability for other damages, which are based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty of one of my vicarious agents or
- if it is a matter of liability for fraudulently concealed defects, claims arising from warranty promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act, or
- if it is a matter of claims arising from a withdrawal executed by mutual agreement between the parties to the purchase contract, a reduction executed by mutual agreement between the parties to the purchase contract or from any other agreement between the parties to the purchase contract with regard to the settlement of warranty claims.
The two-year limitation period for recourse claims pursuant to §§ 478 BGB shall remain unaffected.
The warranty does not cover normal wear and tear.
9. retention of title
1. we retain title to the delivered item until receipt of all payments under the purchase contract. If the buyer does not fulfill his contractual obligations, in particular in the case of default in payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to return the item.2. The buyer is obliged to notify us immediately in the event of seizure with regard to the purchased item or other related access or attempted access by third parties with regard to the purchased item, so that we can exercise our rights arising from the retention of title.
10. note on the battery law (BattG)
If the offer includes rechargeable batteries or batteries, you are required by law to dispose of used batteries or rechargeable batteries separately. Please hand them in at a municipal collection point or at your local retailer. Batteries and rechargeable batteries that you have received from us can be returned to us free of charge. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find these instructions again in the accompanying documents of the consignment.
11. Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.(2) Failure to complain or contact us has no consequences for your legal warranty claims. However, they help us to be able to assert our own claims against the carrier or the transport insurer.
12. data protection
The data protection declaration for the implementation of the data protection regulations can be found in the separately provided data protection declaration.
13. copyright notice
The photos posted on our website and the texts created by us are protected by copyright. Unauthorized copying and publication of these (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.
15. severability clause
Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.
Pirmasens, the 25.12.2019