Conditions of Use

Withdrawal

You can recall your contract explanation within two weeks without stating a reason in text form e.g. letter, fax, e-Mail or by return of the thing. The period begins at the earliest with receipt of this instruction in text form e.g. letter, fax, E-Mail. If you got this instruction in text form only after conclusion of a contract, the period of revocation extends to one month. As far as this instruction got to you in text form, the right of revocation expires at the latest six months after conclusion of a contract, even if you received the goods up to this time not yet. For keeping the punctual sending off of the revocation or the thing meets the period of revocation.

The revocation is to arrange to:

Stehr Jürgen
Modellbau und Industrietechnik
Am Schleifwegacker 9
87778 Stetten
Fax-Nr. 0049(0)8261/21726
E-Mail: info@stehr-modellbau.de

Consequences of the revocation

In the case of an effective revocation are to be refundet on both sides received achievements. If you cannot refund the received achievement to us totally or partly, or only in worsened condition, you must carry to that extent if necessary indemnification acording to value for us out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination – as it would have been possible you for instance in the shop – to lead back is. In all other respects you can avoid the indemnification according to value obligation, in which you take the thing not like your property in use and omit everything, which impairs their value.Consumption, sale, loading, processing (e.g. also partial assembly of a model kit) possibily justify a value replacement.

Parcel things are returned. You have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the thing which can be sent back does not exceed an amount of 40 euro or if with a higher price of the thing at the time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. Otherwise the return for you is free. Payments have to be refunded by the customer wihtin 30 days from dispatch of the notice of withdrawal.

Data protection

The customer agrees to authorize Stehr Modellbau to process, save and evaluate all customer-related data received in connection with the business relationship, in compliance with the German Federal Data Protection Act.

Stehr Modellbau saves and uses the Customer’s personal data for processing orders and dealing with any claims that may arise. Personal data are all information, due to who a person can be identified direct or indirect (like name, address, e-mail-adress, date of birht, job, account relationship, and so on).

We give for the purpose and for the duration of the purpose of dispatching of the goods the necessary data to the entrepot rather to the instructed postal-, parcel or courier service. Further we give for the purpose and for the duration of the handling of payments the necessary data to the involved service provider for the credit card handling (if you use this payment methode).

We use for the safekeeping of the function of the shop systems “cookies”, which will file on your hard disk and can be elected again only by our server, if you have a data conneciton to our server. Such tools are only for the operator convenience and are not used by us for the analysis purpose. Of course, you can set up your browser so, that it accepts “cookies” or it inform you about sending cookies or it eliminate the use of cookies. In this case you can use our service via internet only in limited volume.

Customer information of the company Stehr Modellbau und Industrietechnik
Stand: 01.01.2009

Advise: Information about the elctronic contract conclusion can be found later in this section under “B”.

Customer information for the conclusion of distance contracts

The following information for distance contracts represent NO contract conditions. The contract conditions are included in our terms and conditions.

All customer information you will get in this confirmation e-mail about orders and delivery of the goods (on the shipping ticket) in text form. You can also print or save this customer information or download as PDF file.

Identity of the seller

You close a distance contract with the company Stehr Jürgen Modellbau und Industrietechnik.

Address of the seller
Stehr Jürgen
Modellbau und Industrietechnik
Am Schleifwegacker 9
87778 Stetten
Call number 0049(0)8261/9493
Availability monday – friday 08.00 o’clock – 12.00 o’clock and 14.00 o’clock – 18.00 o’clock
Fax 0049(0)8261/21726
E-Mail info@stehr-modellbau.de
Conclusion of contract

On our website and in our print media (catalogs, booklet, and so on) we will inform you about the condition and characteristics of the goods. The presentation of the goods represent no offer of contract, but a non-committal request to you, to order goods by us. With your order (by phone, fax, E-Mail or by post) your agree your offer of contract for closing a contract. We will confirm your order immediately. We are legitimatet, to accept the offer in your order within two weeks. Further information about conclusing of contract are included in our terms and conditions, which are a integral part of the contract.

Gradual delivery

The right of extraordinary dismissal under the statutory provisions also apply for gradual delivery.

Delivery reservation

Sale and delivery of the goods shall depend on correct and punctual supply to ourselves. That applies particularly for articles, which we offer, which are at the moment not available or out of stock. We deliver to your home- or business adress. Deliveries to mailboxes or general delivery packages are not possible.

Commodity price

All prices are final prices and icluded for deliveries to the Federal Republic of Germany and other European Union countries the value added tax in the amount of 19 % in time. Deliveries in other countries are without value added tax. Please note that shipping outside the European Union may cause additional custom duties, which the customer has to take care of.The period of validity of time-limited offers will be declared on the presentation of each product on our website and in our pint media. Further details included in our terms and conidtions.

Delivery- and shipping cost

Our delivery- and shipping cost we are pleased to invoice you as follows:

The shipping cost for each country you can find in our web shop. The detailed information about the amount of the cost is available on our web shop.

Modality of payment

The goods which you ordered you can pay per bank transfer, cash on delivery or also per credit card (only Visa/Diners/Mastercard). By payment per bank transfer we deliver the ordered goods once payment is received. By cash on delivery no part-delivery can be taken place; you will get your order if all ordered articles are available.

Right of return

Have a look at our detailed information of the right of return.

Warranty

You have warranty claim due to statutory provisions. The warranty period for goods of consumer is two years. Beyond the legal warranty we take no guarantee. The details about the warranty you get in our terms and conditions, which are a integral part of our contract.

Customer service

At the following address you can bring forward claims:

Stehr Jürgen
Modellbau und Industrietechnik
- Kundendienst -
Am Schleifwegacker 9
87778 Stetten
Call number 0049(0)8261/9493
Availability monday – friday 08.00 o’clock – 12.00 o’clock and 14.00 o’clock – 18.00 o’clock
Fax 0049(0)8261/21726
E-Mail info@stehr-modellbau.de

Further customer information to the electronical conclusion of a contract

The following information for online contracts represent NO contact condition. The contract condition are included in our terms and conditions.

How does the online conclusion of contract works with us?

If you have found your product on our homepage, you can get more information by clicking on the image left or on the name of the product or the line “more to this aricle” in the middle. To order select this product per mouse click on the button right “in the basket” or “to reserve”. Through this the product is placed in your shopping cart.

If you choose at the top right in the menu bar “shopping cart”, you can see all the products, which you have selected for your order up to now. The desired number of the product can be chosen in the field right, before the total price, the default is always “1”. At any time you have the ability to cancel your input, by setting a check in the field under “removal” (leftmost). Then click on the button “update” please. Then you can see your current shopping cart. Also you could change the number of the products. Then you click “update” again, than you can see the shopping cart topically again.

Through the button “continue shopping” (bottom middle) you will get back to order menue.

If all desired products are in your shopping cart, you can activate the ordering process by clicking the button “cash” (down right). For this you have to – if you have not done so – log on with your e-mail-address and your password. Firstly please check the delivery address top left and the address for account on the left and the method of payment on the bottom left. Changes are possible after clicking the blue lettering “edit”. Top right you will see your order, down right you can see the total costs. You have the opportunity to change your order again by clicking on the blue lettering “edit” right beside the word “products”.

You get below this data the mandatory legal information, in particular the instruction of right of withdrawal, the data protection information, the data protection declaration and again the information to the distance selling and our terms and conditons. We recommend your to read this mindfully. You can also print this. Please confrim your agreement with the data protection declaration and our terms and condition by clicking on the marked fields.

Finally confirm the correctness of your offer by clicking on the button “ order” (down right). Hereby you give us an binding offer in regard to all goods in your shopping cart. You can print your order about the corresponding function of your webbrowser. The receipt of your order at us we will confirm you per e-mail immediately. We reserve the right, to accept the offer in your order within two weeks. More information of the conclusion of contract are included in our terms and condition.

Storage of the wording an access for the customer

We save your order data and transmit them to you with our terms and conditions as well as the return instruction together with the confirmation per e-mail.

Type error

At any time you have the ability to cancel your input during your order transaction, by setting a check in the field “removal” (respectively to change numbers of the order size) and then click on the button “update”, or you can change the relevant details if you click on the blue lettering “edit” or you make a new input. Throug a mouse click on a other web site (such as back on our homepage) you could cancel the whole order transaction anytime. Your shopping cart will be obtained, even if you log off. Once you log on again, you will find there also the already stored products.

General terms and conditions of the company Stehr Modellbau und Industrietechnik
Stand: 01.01.2009

§ 1 General – Area of application

The following general terms and conditions apply to all business connections between us and the customer. Definitive is in every case the valid version at the time of contract execution. Consumers for the purpose of such terms and conditions are natural persons, with whom business connections will make, without they have a commercial or independt occupational acitvity. Entrepreneur for the purpose of such terms and conditions are natural or legal persons or partnership with legal cpacity, with whom business connections will make and which act in practice of their commercial or independt occupational activity. Client for the purpose of such terms and conditions are consumers and entrepreneurs. Dissenting, conflicting or additional general terms and conditions, even on knowledge, are not a part of the contract, unless, their validity is agree with us in written form explicity.

§ 2 Conclusion of contract

The conditions for our products shall be without engagement. Our presentation of goods on the internet, in our catalogs and in other media represent no offer, but shall be a request without engagement to the customer to order. We reserve the right to technical and other changes in form, colour or weight.
By placing an order the client agrees to an obligatory business contract.We will confirm the receipt of order of the customer immediately. The confirmation is only then an acceptance, if we declare this explicitly. The receipt of an telephone order is not a binding acceptance on our part, if unless otherwise is agreed.
We are legitimatet, to accept this offer within two weeks.If your ordered goods on electronically way, we are legitimatet, to accept the orderwithin three weekdays on receipt of us.We are legitimatet, to disclaimthe acceptance of order - e.g. after checking the creditworthiness of the customer. We are legitimatet, to limit the order on small amounts.
Conclusion of contract will be made with reservation, we are completely or partially excused from the duration of the extent of circumstances or events, which occur outside of our business, that may disable the delivery or make it difficult. This applies only, that the non delivery is not acted by us. In the case of unavailability or only partially availability of goods the customer will be informed immediately, unless, it is a reservation. On electronically way ordered goods a appropriate information about the availability will be find on our homepage, but for there named respites an data we can not take over guarantee. If a delivery can not take place, the equivalent will be replaced immediately.
If the customer have ordered the goods on electronically way, the wording will be saved by us and the customer will get this with the terms and conditions and maybe further information in an e-mail after conclusion of contract.

§ 3 Reservation of title

For consumers we reserve the property in the goods till totally payment of purchase price. For entrepreneurs we reserve the property in the goods till all outstanding invoices have been settled in full of a running business connection. If the value of the retained goods shall be exceeded by more than 20 percent of the secured claims of the running business connection, we are bound within of overcollateralization to release the retained goods when this required by the entrepreneur.

The customer is bound to handle the product with care during the existence of the reservation of title. If maintenance- and inspection work are necessary the customer have to carry out this regularly on his own cost. The customer have to inform us immediately in written form of all access by third parties to the goods, particularly of distraint, as well as any damages or destruction of goods. The customer have to communicate to us a change of ownership of goods as well as their change of address immediately. The customer have to make good all damages and costs to us, which are result of a violation of this obligation and which come into of necessary intervention activities of access by third parties of goods.

We are legitimatet to withdraw from contract and to ask for the goods on noncontractual behavior of the customer, particularly in delay of payment. Also we are legitimatet to withdraw from contract, if there is a violation of any obligation in paragraph 2 and to ask for the goods, if it is no longer reasonable to abide by the contract by us.

The entrepreneur is legitimatet to resell the goods in the regular course of business. He assigned claims in the amount of the invoice total already now, which get through the sale against a third party. We accept the assignation. After the assignation the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim by ourself as soon as the entrepreneur not discharge all this payment obligations and get into default. The processing of goods through the entrpreneur always happens in the name and by order of us. If there is a processing of goods, than we acquire the co-ownership of the new good proportional to the value of the supplied goods by us. The same applies, if the goods are processed or mixed with other matters which not belong to us.

§ 4 The right of withdrawal for consumer

The consumer have the right to cancel at its conclusion of the contract directed declaration of intent within two weeks after receipt of goods and existence of the information of the right of cancellation in text form. If the consumer don’t get a information of the right of cancellation before the contract is concluded in text form, the respite of revocation is one month. The right of withdrawal need no indication of reasons and you can declare your right of withdrawal in text form or by return the goods by us. For meeting the cacellation time limit it is enough to sending off the revocation or the good puncually. Further details of the right of withdrawal are result from the statutory provisions. About this we will inform the conusmer separate.

As far as the statutory obligations are fulfilled, the consumer have to pay compensation for the value after the good has been used not correct and there are declines. The consumer may the goods carefully in a manner similar to inspecting a product personally in the shop. The loss in value, which will come if you don’t check the good carefully, so that we can sell the good as “new”, have to be beared by the consumer.

§ 5 Payment

The offered price is binding. The price include the VAT. If we shipping goods you pay the price plus following additional costs:

For detailed information on the current amount of additional costs have a look at our webshop.

The customer will have at an order by use of means of telecommunication no additional cost. The customer can pay per bank transfer, cash on delivery or per credit card (only Visa, Diners, Mastercard). We reserved the right to exclude certain types of payment.

The customer have only then a right to set off, if his counterclaims have been finally determined by cour decision or they have been accepted by us. The customer can only exercise a right of retention, if his counterclaims are based on the same contractual relationship.

§ 6 Passing of risk

For consumers the risk of loss and damage of the sold goods shall be also devolved to by mail onto the buyer at the moment the seller hands over the goods to the carrier. For entrepreneurs the risk of loss and damage of the goods shall be also devolved with handover, by mail with delivery of goods to the shipper, the carrier or otherwise, which are make the execute of the shipment or institution onto the entrepreneur. On handover the same holds, if the customer is in default with the acceptance.

On download and transmission of data via internet the risk of loss and change of the data shall be devolved to the customer with excess of the network interface.

§ 7 Warranty

Consumers have the choice to have claims satisfied by either rectification or replacement. We are legitimatet to refuse the kind of supplementary performance, if they is only possible with disproportional expense and the kind of supplementary performance is without large disadvantage for the consumer. For entrepreneur we are warranted for the defects of goods at first rectification or replacement after our choice.

If the supplementary performace have failed, the customer basically can demand reduction of payment or withdrawal from the contract and damages after his choice. With only minor defects the customer have no right of withdrawal. If the customer choose damages so the liability limitatios as per paragraph 8 numeral 1 and 2 of the terms and conditions applies.

Consumers have to notify in writing about the obvious defects of the goods to us within 2 months after receipt; else the assertion of warranty claim is excluded. Entrepreneurs have to make sure immediately, that the delivered goods are complete and if there is any variation in quality and they have to notify in writing about the recognizable defects within a respite of one week after receipt; else the assertion of warranty claim is excluded. Hidden defects have to notify in writing within a respite of one week after discovery. To meet the deadline, timely mailing shall suffice. The burden of proof rests with the entrepreneur for all claim conditions, particularly for the defect itself, for the date of the determination of the defect and for the timeliness of the claim.

For consumer the period of warranty is two years from delivery of the goods. For entrepreneurs the period of warranty is one year from delivery of the goods. For the used things the period of warranty is one year from delivery of the goods. The one-year period of warranty does not apply, if you can accuse us gross negligence as well a in the case of attributable bodily injury and damages caused to someone’s health by us and of loss of the life of the customer. Our possible liability after the product liability law is untouched hereof.

We give to our customer no gurantees in the legal sense. Manufactures’ gurantees are untouched herof.

§ 8 Limitation of liability

For negligently breach of duties our liability and our servant are limited on the predictable, direct and typical for this type of contract average damage. For negligently breach of duties of non-contractual duties, by whose breach of contract the implementation of contract is not risked, we and our servant are not liable for this. This limitation of liability are not valid of attributable bodily injury and damages caused to someone’s helath by us and loss of the life of the customer.
We are only liable for own index on our website of our online shop. If we make it possible for you with links to visit other websites, we are not responsible for the foreign index. We don’t appropriated the foreign index. If we have knowledge of illegal index on external websites, we will lock the access to this sides immediately.

§ 9 Data protection

With our “data protection information” we inform our customer about:

kind, size,duration and purpose of the collection, processing and use of the personal data which are necessary to execute orders and for the bills.

the transmission of data to by us instructed companies, which are obligated to check the lawful data protect for the purpose of the duration of checking the financial standing and the shipping of goods.

§ 10 Final clause

The contract is subject to German Law. For consumers, which don’t conclude the contract for professional or commercial purposes, this right only applies in so far as the allowed protection will be withdraw through legal regulations of the law of the state, in which the customer has his habitual residence.

Is the customer a merchandiser, legal person govered by public law or a special fund under public law shall be the exclusive place of jurisdiction for all disputes for this contract the competent court Memmingen. The same applies, if the customer doesn’t have a place of general jurisdiction in Germany or his residence or habitual residence are not known at the time of bringing a suit, if this right is declared in written form or by us or by the customer has been confirmed for a contractual privity of contract by refernce to the terms and conditions in written form (also in electronical form).

If individual provisions of the contract with the cutomer (including this terms and conditions) should be effectless all or part, through this the validity of the other regulations are without prejudice. The all or part effectless regulations should be replaced through an effectiv regulation, whose economic succes is close as possible to the success of the ineffectiv.