General Trading Conditions for Private Customers (GTC)
E ngel M odellbau & T echnik
(Version 2007)
Your purchasing contract is being concluded between
Engel Modellbau & Technik (further on referred to as „EMT“ or “seller”),
Eberhäuser Weg 24, 37139 Adelebsen-Güntersen, Germany.
Owner of EMT: Andreas Engel
Telefon: +49-5502-3142 • Telefax: +49-5502-944712
European tax ID number: DE167910105
For all offers, sales and deliveries accomplished between EMT and the customer/buyer the conditions laid out below shall apply, and the customer unconditionally accepts these conditions at the latest by placing a purchase order.
Any deviations at all from these conditions ultimately require the prior written consent of the seller. Purchasing conditions of the customer, which are not compliant with the conditions laid out below may be applied only upon prior written consent of the seller.
A purchasing contract is being concluded upon receipt oft he ordered goods by the customer or his authorized representative. The buyer confirms that he has initiated the business relation with the seller by himself.
1. Application
For all mutual interest out of and in connection with a contract concluded between customer and EMT in the area of out-of-shop trading these General Trading Conditions, in the version actual at the time of concluding the contract, shall apply.
2. Participants
EMT may conclude contracts with customers who
a) are physical persons with no legal constraints to conclude contracts, being at least 18 years old,
or
b) legal entities with their legal seat or place of living in Germany, any other meber state oft he European Community or Switzerland (hereafter referred to as „customer“ or „buyer“).
In case that a purchase order of a not accepted participants has been incidentally being processed by EMT, EMT is entitled to issue a declaration of withdrawal from the contract within a reasonable time period.
3. Deliverables
EMT delivers the goods ordered by the buyer or performs services within the frame of acceptance of a purchase order. Generally § 434 Abs. 1 Satz 3 BGB (German Civil Code) shall apply. In case of termination or withdrawal EMT is obliged to credit eventual prepayments or down payments or upon request by the buyer to return by check or bank transfer. As a prerequisite the goods have to be back in the hands and under control of EMT.
4. Conclusion of a contract/information about possible withdrawal
4.1
The contract is being concluded by acceptance of the buyer’s purchase order by EMT. The acceptance by EMT is being confirmed by receipt of the purchased goods by the buyer after delivery by EMT or respectively by execution of the services at the buyer by EMT. In case the customer places his purchase order by means of internet, EMT will confirm the order immediately electronically. Confirmation of receipt of a purchase order in this way does not automatically constitute a contract.
4.2
As a result of the statutory right of withdrawal of the customer including the right to return goods which have been advertised or offered by means of telecommunication, which have been delivered by shipment, the purchase order and it’s acceptance by EMT constitute a pending contractual relation. The customer has the right to withdraw his purchasing declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons or by returning the purchased goods. The time frame of 14 days starts upon receipt of the purchased goods by the buyer, at the earliest upon receipt of this information about customer rights. To maintain this time frame it is sufficient to send the withdrawal information in due time or to return the goods to the seller in due time.
The withdrawal has to be adressed to:
Engel Modellbau & Technik
Eberhäuser Weg 24
37139 Adelebsen-Güntersen
Germany
Fax: +49-5502 – 944712
Email: emtversand@aol.com
4.3 Consequences of withdrawal
In case of an effective withdrawal the mutually received services/items have to be returned/refunded. If the buyer cannot return the received items completely or only partially or only in a worse status than upon receipt, the customer is liable for and has to pay a correspondent compensation to the seller. However this may not apply in case where the deterioration of the status of the items is a pure result of checking the items as it would have been possible for the buyer upon buying physically in our shop. It is to be understood such, that the buyer has to perform the checking for completeness and correct status of the items after receipt of the delivery in such a way, that he does in no way do anything which may eventually result in a deterioration of the status of the item. Therefore it is ultimately required that the original packing is not unnecessarily damaged upon opening. Furthermore the original packing should be kept safely by the buyer for the duration oft he 14-day time frame within which a withdrawal is legally possible in order to avoid eventual compensation for missing packing elements.
During the buyer’s inspection any transparent packings shall not be opened at all but only a visual check for completeness and correct status oft he packed items shall be performed. This inspection as well shall not result in unreasonable deterioration oft he status oft he perchased items.
Single packings which have to be opened for inspection (e.g. non-transparent bags or boxes) shall be opened in such a way that they could be re-closed properly. In case of return of purchased goods eventually opened packings have to be secured by means of tape or clamps in order to prevent damage to or loss of items to the maximum possible extent.
User manuals, product descriptions, construction plans or even gadgets are integral elements oft he purchased items. They represent commercial value. Consequently they have tob e safely kept by the buyer up to expiration oft he 14-day time frame for withdrawal and they have tob e returned like the purchased items itself in order to avoid buyer’s liability for compensation.
As a matter of fact the buyer can avoid the liability for compensation by not commissioning the items for use by the legal owner and by not undertaking anything which may result in damage to the value of the purchased items.
Returning of purchased items has to be accomplished at the lowest possible cost. To avoid unnecessary cost upon receipt at the seller (surcharges) the return packages has to be sent at the expense of the buyer. The seller shall reimburse these shipping cost to the buyer in case of an effective withdrawal along with the reimbursement oft he value oft he purchased and returned item. Items which could be shipped as a package have to be returned. Provided returning of an item as a package is not possible due to weight or oversize the buyer may send a request for returning the item, in writing within 14 days, addressed to EMT. In case of returning items from a delivery which had a value of up to 40,00 EUR, the buyer shall bare the cost of returning provided the delievered item complies with what has been ordered. In case of a vaule of the item exceeding 40,00 EUR or a package length exceeding 120cm, a pick-up of the item can be agreed with EMT. For this case the buyer shall contact with EMT to mutually agree on a date for a pick-up which will be cost-free for the buyer. EMT is neither accepting shipments with unpaid shipment cost nor eventual cost for oversize shipments.
The right to withdrawal shall not apply
- in case of delivery of items which have been manufactured specifically to buyer’s specification or which have been specifically tailored tot he needs of the buyer or which by their nature are unsuited for return shipment or which by their nature may rapidly detiorate or which have expired the stipulated time of usage.
- in case of audio or video records or in case of software after the buyer has broken the seal oft he packings
- in case of newspapers or periodicals
In case the buyer returns items comprising of a data storage (such as a radio transmitter) or is sending such items for service work, the buyer himself is responsible for a back-up of his personal data files.
4.4
In case a contract is being concluded in the EMT shop located at Eberhäuser Weg 24, Adelebsen, a withdrawal from the contract is excluded.
5. Provions for performance and availability, delivery dates
5.1
EMT is committed to keep all information within this eShop as actual as possible. Despite that EMT cannot exclude that items might not be available upon ordering by the customer. Along with confirmation of receipt of a purchase order EMT therefore reserves the right to accomplish partial deliveries or to reject an order a whole.
Errors may occur, price adjustments might be made without notice.
5.2
All delivery dates indicated by EMT are not binding, EMT does not have any liability for liquidated damages is case the indicated delivery dates are not being maintained.
5.3
In case that after receipt of a purchase order EMT recognises that the ordered items or services are no longer at the disposal of EMT, EMT hast he right to offer and respectively deliver items or services which are comparable in terms of quality and performance. In such case the buyer is not obliged to accept the delivery and he is not liable fort he cost of return shipment.
5.4
Provided own receipt of items EMT is committed to deliver as fast as possible. In case that a part of a purchase order is not immediately deliverable the purchase order will be accomplished within a reasonable time as a complete shipment or after consultation with the buyer not shipped or shipped as partial deliveries incurring additional shipment cost.
6. Provision of ownership
All delivered items remain the unconditional property of EMT up to the complete payment of the selling price, including all related side cost, by the buyer. Transfer of ownership from EMT to the buyer occurs at the moment when the buyer has paid all his liabilities and cost to EMT. Consequently the buyer is obliged to keep the delivered items safely and to take over all liability associated with. Before complete payment the buyer is not entitled, without written consent of EMT, to dispose of the items, to put the items into use, to sell, to pawn, to rent, to give away or to dispose of the items in any other way. If from a third party side a seizure or confiscation is to be expected, the seller has to be immediately informed by the buyer.
To the extent that EMT is exchanging items within the limitation of warranty, even today it is being mutually agreed upon that the ownership of the items to be exchanged mutually is being transferred to EMT respectively to the buyer in the moment when the exchanged items are being received by the buyer and the returned items are being received by EMT.
7. Prices and payment conditions
7.1
All prices given in private customer catalogues as well as in the internet shop are final prices including the actual VAT applicable in Germany.
„Exempted from this clause is only the dealer’s area, which is accessible only by means of a specific password. Prices indicated there do not address the private customer. These prices are being indicated as net prices excluding VAT.“
In case that federal law increases the VAT rate, EMT is obliged to calculate the increased VAT and include the increase into the gross prices. EMT reserves the right to adjust prices during validity of the catalogue. For internet purchase orders the prices indicated at the moment of the order shall apply.
7.2
The seller is entitled, despite eventual other instructions issued by the buyer, to account payments against the oldest liabilities of the buyer. If already cost and interest is incurred, EMT is entitled to account payments first against cost, then against interest and finally against the main deliverable. A payment is being considered as fully accomplished at the moment when EMT can dispose oft he amount. In case of payment by check the payment is being considered as accomplished when the bank has cashed the check.
7.3
For orders from outside of Germany prepayments are unconditionally required. Eventual cost of bank transfers have to be born by the buyer.
7.4
EMT reserves the right, with the aim to achieve secure payment, to individually exclude certain payment forms or to execute deliveries only against prepayment, C.O.D. or bank debit.
7.5
Prices indicated in the eShop are prices in EURO, including the VAT applicable at the date of ordering. Prices indicated in the eShop shall only apply for orders within the eShop. For trading within our shop at Eberhäuser Weg 24, in case of ordering by telephone or telefax prices may differ from eShop prices.
8. Cost of shipment
For orders within Germany against prepayment EMT is charging a shipment flat rate of 6,10 EUR. For C.O.D. shipments an additional C.O.D. flat rate of 7,90 EUR will be charged.
In case of orders from outside of Germany the buyer accepts by balancing the prepayment invoice to pay for the shipment cost, of which he is being informed upon receipt of the purchase order by EMT. Shipment cost are depending on the seat of court and the country of delivery.
Shipment is being accomplished by a transport service of EMT’s choice, DPD (Deutscher Paketdienst), DHL (Deutsche Post AG) or a freight forwarder contracted by EMT.
9. Warranty and liability
9.1
Items offered by the seller are earmarked for application sin the hobby area only and positively not for professional applications.
9.2
The warranty period for all items amounts to 24 month starting with the date of sale. After the first 6 month have expired, the buyer is obliged to prove that the defect was already existing at the moment of delivery and acceptance. Excluded from the warranty provisions are all parts subjected to wear & tear as well as consumables, such as paint, glue, means of illumination, glow plugs, spark plugs, fuel, batteries, wheels, gear boxes, ball bearings etc., provided the defect it is not a result of faulty material.
9.3
In case that delivered items feature obvious material or production defects including defects as a result of transport damage, the buyer is kindly requested to claim such defects immediately against EMT. Failing to file such a claim however has no legal consequences to the buyer’s legal rights. In addition the legal stipulations according to §§ 434 ff., 475 Abs. 1 BGB (German Civil Code) shall aplly.
9.4
In case of a defect the buyer according to § 439 BGB (German Civil Code) may at his decision request either rectification oft he defect or exchange oft he defective item. EMT is within the constraints of § 439 entitled to reject the way of fulfilment requested by the buyer in case that the requested fulfilment is only possible against extraordinary cost. Provided that within the repair of a defect two subsequent attempts of repair are unsuccessful, the buyer is within the constraints of § 439 BGB entitled to request delivery of a none-defective item or to reduce the purchase price or to withdraw from the contract. Withdrawal is excluded in case the defect is of minor nature or not important at all. In addition § 437 BGB (German Civil Code) shall apply.
9.5
Regarding eventual liquidated damages resulting from defects of purchased items the legal stipulations of Germany shall apply.
9.6
As a prerequisit to any warranty claim the the defect under no circumsstances might be the result of improper use or overstrain. Does a defect appears later than six month after receipt of the item by the buyer, the buyer has to prove that the defect already existed at the moment of transfer of risk. Otherwise EMT is free to prove that the item was without defect at the moment of delivery.
9.7
Return shipment must be accomplished at the lowest possible cost. To avoid unnecessary cost (surcharges) the return shipment has to be prepaid by the buyer. The shipment cost incurred will be reimbursed upon return of the items in case of a justified claim. As far as oversized/overweight packages are concerned the buyer shall agree with EMT about a – for the buyer fre-of-charge – pick-up by a service provider contracted by EMT. Eventual surcharges for oversize/overweight along with normal postage will not be reimbursed.
9.8
In case that operating or product instructions oft he seller or manufacturer are not being strictly followed, items used for other purposes than intended, items altered, items disassembled beyond the point necessary for normal operation, elements exchanges or accessories applied which do not confirm with the original specification, the warranty expires and no warranty can be claimed at all. The buyer is obliged to obtain necessary information from the seller. For defects of the product or for damage to the delivered model which have been caused by negligence or intentionally, no warranty is being provided.
9.9
As soon as the buyer recognizes a defect he is obliged to report this defect immediately tot he seller in writing. In case that the buyer reports that the item does not comply with the warranty, he is entitled to request corrective action. Is the defect to the item of significance, the buyer may request a replacement. In case of justified claim the corrective action is fre-of-charge for the buyer. If the buyer requests replacement, he is obliged to reimburse to the seller all cost of removing traces of usage as well as recompletion of missing elements – to the extent they are not the source of the defect – and eventually for the benefit of temporary usage.
9.10
All rights oft he buyer to rectify defects are ultimately excluded if the defect was know to the buyer in the moment of concluding the contract.
9.11
If the corrective action fails tob e successful after a reasonable, typical fort he branch time elapsed, the buyer, after two unsuccessful attempts to repair, chose upon his decision to reduce the price or to withdraw from the contract. In case of withdrawal from the contract the buyer as well might be obliged to reimburse to the seller an eventual advantage of using the item.
9.12
The right oft he buyer to claims liquidated damages resulting from impossibility of performance, non-fulfilment, positive breach of contract, fault at concluding the contract or from unauthorized acting are excluded against the seller as well the seller’s authorized representatives, unless the damage was not generated intentionally or by major negligance.
9.13
Warranty claims may only be executed by the direct buyer against the seller and may under no circumstances cessioned.
9.14
Warranty guarantees of manufacturers or importers exceeding the above rights have to be claimed directly by the buyer to manufacturer or importer. In such cases the seller is not obliged to handle the warranty claim. If the buyer derives liquidated damages according to the Law on Productiability of the Producer, he hast o claim directly against tot he manufacturer or importer indicated by the seller. In such cases the seller is not obliged to handle the claim for liquidated damages.
10. Chose of applicable law
To all legal relations between Engel Modellbau & Technik and the customer/buyer as well as to all corresponding General Trading Conditions exclusevily German law shall apply. Application of the „UN international sales of goods act” dated 11.04.1988 is excluded.
11. Miscellaneous
11.1
The buyer has not right to counterbalance or to retain payments unless his claim is beyond doubt or stated by court decision in force.
11.2
Location of fulfiment and place of court in business with business entities or legal entities, as well as public entities, is Göttingen.
12. Protection of data
12.1
The adress oft he customer/buyer is being stored in the information system of EMT for ease of fast and faultless processing. The handling of data provided by the customer/buyer is in compliance with the stipulations of the Federal Law on Data Protection as well as in compliance with the Law on Teleservice Data.
12.2
EMT reserves the right to exchange data with other credit service providers, e.g. SCHUFA, for the sole purpose of checking the creditworthiness.
12.3
EMT reserves as well the right to use these data fort he purpose of own advertisements.
If the customer/buyer does not agree with such use of his data, he may simply send a short message to Info@engelmt.de or Engel Modellbau & Technik, Eberhäuser Weg 24, D-37139 Adelebsen - Güntersen or by fax to +49-5502-944712.
12.4
EMT will not use or pass on customer/buyer data beyond the extent given in 12.1 bis 12.3.
13. Batterie Ordinance
We are registrated by the "Stiftung Gemeinsames Rücknahmesystem (GRS) under the agreement no. 108 12 12 12.
In relation to selling batteries and accumulators or the delivery of devices, which contain batteries or accumulators, we are committed to advice you according to the battery regulation:
Batteries are not to be littered in regular household waste. You are committed to return used batteries as an end-user by law. You can return batteries after usage in your shop or close by ones (e.g. local collection sites or markets) without charge.
We are willingly accepting a professional disposal for you. Please send your carefully wrapped batteries to our postal address.
You find additional information about battery regulations from the following link:
"Regulations about returning and disposal of used batteries and accumulators (battery regulations - BattV) from March, 27th, 1998 (BGBI. I S.658)"
14. WEEE ElektroG (Electrical and Electronic Equipment Act)
RoHS Conformity ("Restriction of the use of certain Hazardous Substances") based on EU Directive 2002/95/EC
We take exceptional care to ensure that our products do not contain any substances such as lead, cadmium, mercury, chromates or other substances prohibited by the RoHS directive.
WEEE Conformity ("Waste from Electrical and Electronic Equipment") based on EU Directive 2002/96/EC
Products of Engel Modellbau & Technik registered in accordance with the WEEE directive are classified as “Toys, leisure and sports equipment” as defined in category 7 of the Electrical and Electronic Equipment Act (ElektroG).
Engel Modellbau products may be returned free of charge at the nearest public collection point and are ecologically disposed in accordance with ElektroG.
Conformity is documented by the "Stiftung Elektro-Altgeraete Register” (EAR), the German national clearing house, under the registration number WEEE-Reg.-Nr. DE 66393653
15. VerpackV ("Ordinance on the Avoidance and Recovery of Packaging Wastes")
To ensure compliance with regulations concerning the return of packaging materials we have retained the services of "Vfw GmbH" located in Cologne and are thereby affiliated with the “dualen Entsorgungssystem“ specialized in package disposal and recovery. Our license number is: D59624-2008-0196
Our packaging corresponds to the 5th Amendment of VerpackV.
(Errors, printing faults and ability to deliver reserved!) |