General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping costs
6. Reservation of proprietary rights
7. Liability for defects
8. Liability
9. Applicable law
10. Information on online dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Riza Ammon", acting under "Modellbahn Spielzeug Accessoires" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not yet constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data will appear. Only after confirmation of this order and contract data by clicking on the button that concludes the order process, the customer makes a binding offer for the purchase of the goods contained in the shopping cart.
The customer can also make this offer to the seller by fax, email, post or telephone.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
Or
- Request for payment to the customer after placing the order
Or
- Delivery of the ordered goods
Decisive for the time of acceptance is the first alternative that has occurred.
The deadline for accepting the offer begins on the day after the sending of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes the rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer chooses "direct debit" or "Direct debit" as a payment method, the seller can also accept the customer's offer by collecting the total price from the customer's bank account within five days, whereby the time at which the customer's account is debited is decisive. Otherwise, Section 2.3 applies accordingly.
2.5. The contract text of the contract concluded between the seller and the customer is stored by the seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the contract text can no longer be seen by the customer online.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for correction, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. Right of withdrawal
3.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2. The seller's cancellation policy applies to the right of withdrawal.
4. Prices and terms of payment
4.1. The prices displayed are final prices, unless otherwise agreed.
The seller is a small business owner within the meaning of § 19 para. 1 UStG and therefore does not show the sales tax.
If additional shipping costs are incurred, this can be found in the product description.
4.2. The customer can select the payment methods that are available in the online shop.
4.3. In the case of advance payment by bank transfer, unless otherwise agreed, the payment is due immediately after conclusion of the contract.
4.4. When paying by "PayPal" the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply to this. These can be seen at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.5. When paying by "SOFORT", payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with PIN/TAN procedure activated for participation in "SOFORT", with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment is carried out immediately after completion of the payment process by "SOFORT" and debited the customer's bank account. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4.6. If the delivery is made to non-EU countries, further duties, taxes or fees can be made from the customer to the customs or customs authorities responsible there. Tax authorities or to credit institutions.
The customer is advised to ask the respective institutions or authorities for the details before ordering.
5. Delivery and shipping costs
5.1. The delivery of goods by way of dispatch takes place to the delivery address specified by the customer. By way of derogation, the delivery address deposited by the customer with PayPal at the time of payment is decisive when paying via PayPal.
5.2. If the seller incurs additional costs due to the indication of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the false statement or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has reasonably announced the service to him in advance. Excluded from this regulation are the costs of sending away if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
5.3. Self-collection is not offered.
6. Reservation of proprietary rights
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1. With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. The non-compliance has no effect on the legal or contractual claims for defects of the customer.
8. Liability
The liability of the seller from all contractual, contract-like and statutory, as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1. The seller is only liable without restriction for damages that are due to intentional or grossly negligent behavior.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is also liable in the event of slight negligence.
An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
As regulated above, the seller is also liable on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damages such as in particular loss of profit and to mandatory liability such as under the Product Liability Act.
8.2. The liability is - except in the case of intentional or grossly negligent behavior or in the case of damages resulting from injury to life, body and health and the violation of essential contractual obligations (cardinal obligations) - limited to the damages typically foreseeable at the time of conclusion of the contract and, in the rest, the amount to the average damage typical of the contract. This also applies to indirect consequential damages, in particular loss of profit.
8.3. Otherwise, a liability of the seller is excluded.
8.4. The above liability regulations also apply mutatis mutandis in favor of the employees and vicarious agents of the seller.
9. Applicable law
The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
10. Information on online dispute resolution
The platform for online dispute resolution…
