Under the business name Silhouette Modellbahnzubehör and under the url „mininatur.de“ (hereinafter: Website) Mr. Albrecht Rademacher, Industriestraße 48 in 82194 Gröbenzell (hereinafter: Supplier) has established and is operating an online-shop. All deliveries and performances of Supplier (hereinafter: Deliveries) to other business persons in the sense of § 14 German Civil Code (BGB) and to consumers in the sense of § 13 of the German Civil Code (BGB) (business persons and consumers collectively hereinafter referred to as „the Customer(s)”) will be exclusively be offered and performed by Supplier pursuant to Supplier’s GTCs as published at the date of placement of the orde by Customer, unless the Supplier and Customer have agreed otherwise in writing in an individual contract. Any deviating general terms and conditions of Customer shall not apply, unless and to the extent Supplier has explicitly agreed to any such terms and conditions in writing.
Conclusion of Contract
The information published on the Website does not constitute a solicitation of the Supplier to submit an offer, nor does it constitute an offer or a recommendation of the Supplier to the Customer to acquire or sell products or to conduct any other transactions. A contract between Customer and Supplier is not concluded before Supplier has accepted an order of Customer placed by means of the Website. The Customer may at any time place binding orders by using the ordering procedure of the Website. By use of the button “Send Offer” Customer is placing a binding offer with Supplier with respect to all products that were chosen by Customer and placed by him into the virtual “shopping basket”. Before pressing the buttom “Send Offer” Customer may at any time review, change and cancel his list of purchase. Any such order placement by the Customer, however, requires that Customer has accepted Supplier’s GTCs by clicking the button “GTCs Accepted”.
Upon receipt of Customer’s order the Supplier will send an e-mail to Customer that is confirming receipt of Customer’s electronic order, which displays the details of Customer’s order and may be printed by Customer. Such confirmation of receipt does not imply any acceptance of the order by Supplier. The conclusion of the contract still requires Supplier’s acceptance of the order as per the following paragraph (3).
Customer is bound to his offer placed on the Website for a period of 14 calendar days. Supplier is entitled to accept such offer within this time line. Supplier is meeting such time line only, if Customer has received Supplier’s declaration of acceptance within such time line. Delivery of the ordered products implies acceptance.
Payment and Delivery
The prices shall apply that are displayed on the Website at the moment Customer is placing the order as per § 1 of these GTCs. Such prices include applicable VAT, but do exclude any shipping costs set forth in § 4 of these GTCs. Customer may chose between insured and uninsured shipment. If Customer fails to specify a reasonable period before shipment, Supplier will ship uninsured.
Payments may be effected at Customer’s choice by any of those means of payment that is explicitly shown on the Website, which may include advance payment, cash on delivery, bank collection or payment by credit card. If the Website is silent on the means of payment, Customer shall effects the payment in advance to the bank account indicated by Supplier in his declaration of acceptance or otherwise.
In case Supplier is not able to comply with an agreed delivery date, Customer shall be entitled to claim rights and remedies granted by governing law, provided Customer has granted a reasonable grace period for delivery which grace period shall exceed a minimum period of two weeks.
Costs of Shipment
For uninsured shipments within Germany Supplier will charge a flat shipment fee of EUR 6,00 per individual order. Uninsured Shipment will be free of charge for any order exceeding a gross order value of EUR 100. The following para (2) may provide otherwise.
Insured shipments, shipment of products that have a length, width or a diameter of more than 60 cm (e.g. diorama, pre-built lay-out, showcase etc.), shipment of products with a weight of more than 4 kg and any shipment outside Germany will be made against reimbursement of actual costs incurred by Supplier (costs of packaging, postal and any extra charges, insurance fees). Supplier will notify the actual costs to Customer at the earliest possible date. Any information given on the Website with respect to any such shipment costs are for Customer’s information purposes only and not binding.
Customer´s Right to Make Set-Off
Customer shall be entitled to make any set-off in case his counterclaims are finally adjudicated by a court of competent jurisdiction or in case these claims are undisputed.
Customer’s Delay in Taking Delivery
In case Customer is in delay with his obligation to take delivery or is Customer in breach of any other of its obligations under the contract, Customer shall hold Supplier harmless from all damages and costs incurred as a result hereof. This shall not limit any other rights and remedies Supplier may have under governing law.
In case of any defect of the delivered products Supplier shall have the rights and remedies granted by governing law, except provided otherwise in para. (2) hereinafter and except that the warranty period shall be 12 months with respect to any delivery to any business person in the sense of Sect. 14 German Civil Code.
Claims for damages resulting from a breach of the warranty shall be subject to the limitation of § 7 of these GTCs.
Supplier’s liability shall be excluded irrespective of the legal basis or cause of any such liability, unless provided otherwise hereinafter.
The above exclusion of liability shall not apply for any liability of Supplier that is based on Supplier’s gross negligence of willful misconduct, on guaranteed product specifications or properties, on any personal injuries or death, on strict product liability law or is based on any breach of an essential obligation of Supplier (“Kardinalpflicht”) under the contract. Essential obligations are those obligations which are essential for fulfilling the contractual obligation or the purpose of the contract.
In case of the breach of any essential obligation caused by Supplier’s slight negligence Supplier is liable only for those damages that are reasonably foreseeable and a typical consequence of the breach in question, unless the damages result from any personal injuries or death caused by Supplier.
The exclusions and limitations of para. (1) through (3) above shall apply accordingly to the favor of any sub-supplier of sub contractor of Supplier.
Reservation of Title
Supplier reserves his title to any product ordered by Customer under the Website until the related purchase price is fully paid for such product. Customer shall not be entitled to dispose of the product (e.g. re-sale) as long as such reservation of title continues to apply.
In case any third party accesses or takes possession of any product that is subject to the reservation of title as per para (1) above, Customer shall inform such third party of Supplier’s title and promptly inform Supplier of any such third party act.
In case Customer is in breach of any contractual obligation, especially with respect to his payments obligations, Supplier shall be entitled to claim return of the product being subject to the reservation of title, provided Supplier has effectively declared rescission from the contract.
Return Policy for Consumers
Consumer’s Right to Cancel the Contract
If Customer is a Consumer in the sense of § 13 of the German Civil Code (BGB), the following return conditions apply:
The Consumer can cancel your contract with no explanation necessary within two weeks of order either in writing (e.g. letter, fax, e-mail) or via complete return of all products delivered, if the product is not legally excluded from being returned (§ 312d Abs. 4 German Cicil Code (BGB)). The time limit starts upon Consumer’s receipt of a notice issued by Supplier regarding this cancellation right. Returned products shall be sent promptly to ensure that it is received within the return period. Returns shall be addressed to:
Silhouette Modellbahnzubehör, Herrn Albert Rademacher, Industriestraße 48 at 82194 Gröbenzell, Germany,
Telefax 08142-6526612, E-Mail: email@example.com
Consequences of Cancellation
In the event of effective cancellation, the contract shall be void. The products delivered by Supplier shall be returned promptly by Customer and any payments already effected by Customer, if applicable, shall be refunded by Supplier. In the event of effective cancellation, services which were mutually rendered and benefits which were earned (e.g. interest) shall be returned as applicable. If the Customer is unable to return all, or part of, the products or services received, or can only return them in deteriorated condition, compensation for the loss of value must be paid as applicable. Brochures, books, music CDs, DD-ROMs and videos shall be excluded from return. Items which can be packed in parcels shall be sent back. The Customer shall bear the costs for return shipment if the goods delivered correspond/are identical with the goods ordered and if the price of the goods to be returned does not exceed the amount of EUR 40.00. Items which cannot be packed in parcels shall be collected from the Customer.
- End of Return Policy for Consumers -
Details for Data Processing
Supplier will collect personal data of Customer in the course of performance of any contract concluded hereunder. Supplier will at all time act in strict compliance with the German Federal Data Protection Act and with the Data Protection Act for Tele Services. Supplier will collect, process or use personal data of Customer without consent of Customer only if and to the extent necessary for executing or performing the contractual obligations hereunder or for using or accounting required teleservices. Supplier will specifically not use any such data for any marketing or market research purposes without receiving prior consent from Customer.
Customer shall be entitled to receive information about any personal data collected by Supplier.
Governing Law and Place of Jurisdiction
German Law applies, with the exception of United Nations Convention on the International Sale of Goods.
If the Customer is a merchandiser („Kaufmann“), Munich is the sole legal venue for all claims in connection with any contract concluded hereunder.