RIGHT OF REVOCATION
You can return your contractual declaration within two weeks in text form (e.g. letter, fax, e-mail) without stating reasons or by returning the item. The period begins as soon as you have received this instruction in text form (e.g. letter, fax, e-mail). Should you have received this instruction in text form only after conclusion of the contract, the revocation period shall be extended to one month. If you have received this information in text form, the right of withdrawal expires at the latest six months after conclusion of the contract, even if you have not received the goods by this time. The revocation period shall be deemed to have been observed if the revocation or the goods are dispatched in good time.
The revocation or the return is to be sent to:
Stehr Modellbau und
Industrial Technology GbR
Partners: Jürgen Stehr, Dominik Stehr, Claudia Horber
Am Schleifwegacker 9
87778 Stetten
Fax no. 08261/21726
E-mail: info@stehr-modellbau.de
CONSEQUENCES OF REVOCATION
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered.
If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value.
This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. You can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Consumption, sale, encumbrance, processing (e.g. also partial assembly of a model kit) may give rise to an obligation to provide compensation.
Items that can be sent by parcel post are to be returned. You must bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. You must fulfil any obligations to reimburse payments within 30 days of sending your notice of cancellation.
DATA PROTECTION INFORMATION
In the event of a contract being concluded, we collect and process the personal data you have provided to us in our systems and use this data for the duration of the contract, i.e. for order processing and invoicing. Personal data is all information on the basis of which a person can be directly or indirectly identified (such as name, residential address, e-mail address, date of birth, occupation, account details, etc.).
For the purpose and for the duration of the dispatch of the goods, we pass on your data required for this purpose to the delivery warehouse or the postal, parcel or courier service commissioned. Furthermore, for the purpose and for the duration of the payment processing, we pass on your data required for this purpose to the service providers involved for credit card processing (when using this payment method).
To ensure the functioning of the shop system, we use so-called cookies, which are stored on your hard disk and can only be read by our server when you establish a data connection to our server. Such tools only serve the purpose of user-friendliness and are not used by us for evaluation purposes. Of course, you can set your browser to accept cookies or to inform you about the sending of cookies or to exclude the use of cookies. In the latter case, however, our services will only be available to you via the Internet to a correspondingly limited extent.
CUSTOMER INFORMATION OF THE COMPANY STEHR MODELLBAU UND INDUSTRIETECHNIK GbR
Partners: Jürgen Stehr, Dominik Stehr, Claudia Horber
Status: 14.3.2022
Note: Information on the electronic conclusion of contracts can be found later in this section under "B".
A. Customer information on the conclusion of distance contracts
The following information for distance selling contracts do NOT constitute contractual terms. The contractual conditions are contained in our General Terms and Conditions.
You will receive all customer information in text form in this confirmation e-mail about orders as well as on delivery of the goods (on the delivery note). You can also print out or save this customer information or download it as a PDF file.
1. identity of the seller
You conclude distance contracts with the company Stehr Modellbau und Industrietechnik GbR.
2. address of the seller
Stehr Model Making and
Industrial Technology GbR
Partners: Jürgen Stehr, Dominik Stehr, Claudia Horber
At the Schleifwegacker 9
87778 Stetten
Tel. no. 08261/9493
Availability: Mon. - Fri. 08.00 hrs to 12.00 hrs and 14.00 hrs to 18.00 hrs
Fax no. 08261/21726
E-mail: info@stehr-modellbau.de
3. conclusion of contract
On our website and in our print media (catalogues, advertising brochures etc.) we inform you about the conditions and features of the goods. The presentation of the goods does not constitute a contract offer, but a non-binding invitation to you to order goods from us. With your order (by telephone, fax, e-mail or post) you declare your contractual offer to conclude a purchase contract. We will confirm receipt of your order without delay. We are entitled to accept the offer contained in your order within two weeks. Further information on the conclusion of the contract is contained in our General Terms and Conditions, which are an integral part of the contract. 4.
4. successive deliveries
The right to extraordinary termination in accordance with the statutory provisions shall also apply to successive deliveries.
5. delivery reservation
We reserve the right not to deliver or only to deliver in part in the event of incorrect or improper self-delivery. This applies in particular to articles which we offer as currently not in stock or as not yet available for pre-order. We deliver to your home or business address. Deliveries to post office boxes or items held in postal storage are not possible.
6. price of goods
All prices quoted are final prices and include VAT at the current rate of 19% for deliveries to the Federal Republic of Germany and other countries of the European Union. Deliveries to other countries are made without VAT; any customs duties and taxes in the recipient country (e.g. import sales tax) shall be borne by the purchaser. The period of validity of limited offers is shown in the context of the presentation of the individual goods on our website and in our print media. Further details are contained in our General Terms and Conditions.
7 Delivery and shipping costs
We charge our delivery and shipping costs in addition to the stated final prices of the respective goods as follows:
a) For shipping costs for respective countries, see our webshop.
b) For exact information on the respective costs, please refer to our webshop.
c) In addition, for orders to other EU countries, further customs duties, taxes or costs may be incurred which are not paid by us or are invoiced by us.
d) From an order value of 1,000 euros, an additional customs clearance fee of approx. 50 euros will be charged for deliveries to other EU countries. You will receive a separate invoice for this.
8. method of payment
You can pay for the goods you have ordered by bank transfer, cash on delivery or by credit card (Visa/Diners/Mastercard only). If you pay by bank transfer, we will deliver the ordered goods as soon as we have received the payment. In the case of cash on delivery, no partial deliveries will be made; you will receive the order in total when all ordered items are available.
9. right of return
Please see our detailed information on the right of return.
10. warranty conditions
You have claims for defects based on the statutory provisions. The warranty period for goods for consumers is 2 years. We do not assume any guarantees beyond the statutory warranty provisions. You will find details of the warranty in our General Terms and Conditions, which are an integral part of the contract.
11. customer service
You can submit complaints to the following address:
Stehr Modellbau und
Industrial Technology GbR
- Customer service -
Am Schleifwegacker 9
87778 Stetten
Tel. no. 08261/9493
Availability: Mon. - Fri. 08.00 hrs to 12.00 hrs and 14.00 hrs to 18.00 hrs
Fax no. 08261/21726
E-mail: info@stehr-modellbau.de
B. Further customer information on the electronic conclusion of contracts
The following information for online contracts does not constitute contractual terms. The contractual conditions are contained in our General Terms and Conditions.
1 How does the online conclusion of a contract with us work?
If you have found your desired product on our homepage, you can obtain further information by clicking on the picture on the left or the product name or the line "More about this item" in the middle. To order, select this product by clicking on the button on the right "Add to basket" or "Pre-order". This will place the product in your shopping basket.
If you select "Basket" in the menu bar at the top right, you will see all the products you have selected for ordering so far. You can select the desired number of products in the field on the right, before the total price; the default setting is always "1". You have the possibility to cancel your entry at any time by placing a tick in the box under "Remove" (far left). Then click on the "Refresh" button at the bottom left. You will then see the current shopping basket after the removal. You can also change the quantity of the product in the corresponding field on the right. Again, please click on "Update" to see the current shopping basket (with the correspondingly changed total price).
By clicking on the button "Continue shopping" (bottom centre) you will return to the order menu.
When all the desired products are in your shopping cart, you can activate the ordering process by clicking the "Checkout" button (bottom right). To do this - if you have not already done so - you must log in with your e-mail address and password. First, please check the delivery address at the top left and the invoice address at the left and the payment method at the bottom left. Changes are possible after clicking on the respective blue lettering "Edit". At the top right you will see your order, at the bottom right the total costs due are displayed. You have the possibility to change your order again by clicking on the blue lettering "Edit" to the right of the word "Products".
You will then receive the prescribed legal information below this information, in particular the instruction on the right of withdrawal, the data protection information, the data protection declaration and again the information on distance selling as well as our General Terms and Conditions (GTC). We recommend that you read these carefully. You can also print them out. Please confirm your agreement with the data protection declaration and our General Terms and Conditions by ticking the appropriate boxes in the places indicated.
Finally, confirm the accuracy of your offer by clicking the "Order" button (bottom right). You hereby make a binding offer to us with regard to all the goods in the shopping basket. You can print out your order using the corresponding function of your web browser. We will confirm receipt of your order immediately by e-mail. We are entitled to accept the offer contained in your order within two weeks. Further information on the conclusion of the contract is contained in our AG B.
2. storage of the contract text and access for the customer
We store your order data and send them to you together with our general terms and conditions and the return policy together with the order confirmation by e-mail.
3. input errors
You can correct your entries at any time during the ordering process by placing a tick in the "Remove" box (or changing the numbers for order quantities) and then clicking "Update", or by clicking on the blue "Edit" lettering for the relevant details and making new entries in the corresponding mask. You can cancel the entire ordering process at any time by clicking on another page (e.g. back to our homepage). Your shopping basket will be retained even if you log out. As soon as you log in again, you will also find the products previously stored there.
GENERAL TERMS AND CONDITIONS OF BUSINESS OF THE COMPANY STEHR MODELLBAU UND INDUSTRIETECHNIK GbR
Status 13.4.2022
§ 1 General - Scope of Application
The following General Terms and Conditions apply to all business relations between us and the customers. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
Consumers in the sense of these terms and conditions are natural persons with whom business relations are entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.
§ 2 Conclusion of contract
The conditions for our goods are subject to change and non-binding. Our presentation of goods on the Internet, in our catalogues and in other media does not constitute an offer, but a non-binding invitation to the customer to order. We reserve the right to make technical and other changes in form, colour or weight within the bounds of what is reasonable.
By ordering the desired goods, the customer makes a binding offer to enter into a contract. We will confirm receipt of the customer's order without delay. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly state this. The receipt of an order by telephone does not constitute a binding acceptance on our part, unless otherwise agreed.
We are entitled to accept the contractual offer contained in the order within two weeks. In the case of goods ordered electronically, we shall be entitled to accept the order within three working days of receipt by us. We are entitled to refuse acceptance of the order - for example after checking the creditworthiness of the customer. We are entitled to limit the order to a quantity customary in the household or company.
The conclusion of the contract shall be subject to the proviso that in the event of non-delivery, partial delivery, incorrect delivery or improper delivery to us, we shall also not be obliged to perform or shall only be obliged to perform in part. This shall only apply in the event that we are not responsible for the non-delivery. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately, unless it is a case of a pre-order. In the case of goods ordered electronically, corresponding information on availability can be found on our homepage, although no guarantee is assumed for the deadlines and dates stated there. If delivery cannot be made, the consideration will be refunded immediately.
If the customer orders the goods electronically, the text of the contract will be stored by us and sent to the customer by e-mail after conclusion of the contract, together with the AG already legally included in the ordering process and any further information.
§ 3 Retention of title
In the case of consumers, we retain title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. If the value of the goods subject to retention of title exceeds the claims to be secured from the current business relationship by 25 percent, we are obliged to release the goods subject to retention of title at the request of the entrepreneur within the scope of the excess security.
The customer is obliged to treat the goods with care during the existence of the reservation of title. Insofar as maintenance and inspection work is required, the customer shall carry this out regularly at his own expense. The customer must inform us immediately in writing of any access by third parties to the goods, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer shall notify us immediately of any change of ownership of the goods and of any change of address. The customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.
We are entitled to withdraw from the contract and to demand the return of the goods in the event of a breach of contract by the customer, in particular in the event of default in payment. In addition, we shall be entitled to withdraw from the contract and demand the return of the goods in the event of a breach of an obligation pursuant to section 2 if we can no longer reasonably be expected to adhere to the contract.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims to the amount of the invoice which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment. The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other objects that do not belong to us.
§ 4 Right of withdrawal for consumers
The consumer has the right to revoke his declaration of intent to conclude the contract in text form within two weeks after receipt of the goods and presentation of the revocation instruction. If the consumer does not receive a revocation instruction in text form by the time of the conclusion of the contract at the latest, the revocation period shall be one month. The revocation does not have to contain a reason and must be declared to us in text form or by returning the goods. Timely dispatch shall be sufficient to comply with the time limit. Further details of the right of revocation result from the statutory provisions. We shall instruct the consumer separately in this respect. Insofar as the statutory requirements are fulfilled, the consumer shall pay compensation for any deterioration in value caused by the intended use of the goods. The consumer may carefully and cautiously inspect the goods as would be possible in a shop. The consumer shall bear the loss of value which results from the use going beyond mere examination and which means that the goods can no longer be sold as "new".
§ 5 Remuneration
The price offered is binding. The price includes the statutory value added tax. In the case of a mail order purchase, the price is subject to the following additional costs:
For precise information on the respective amount of the additional costs, please refer to our webshop.
The customer does not incur any additional costs when ordering by using the means of distance communication. The customer can pay the price by cash on delivery, bank transfer or credit card (Visa, Diners, Mastercard only). We reserve the right to exclude individual methods of payment.
The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale by delivery to a place other than the place of performance. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The handover shall be deemed to have taken place if the customer is in default of acceptance.
In the case of downloading and sending data via the Internet, the risk of loss and alteration of the data shall pass to the customer when the data crosses the network interface.
§ 7 Warranty
Consumers have the choice as to whether subsequent performance is to be effected by repair or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion by rectification or replacement delivery.
Schlägt die Nacherfüllung fehl, kann der Kunde grundsätzlich nach seiner Wahl Herabsetzung der Vergütung (Minderung) oder Rückgängigmachung des Vertrags (Rücktritt) sowie Schadenersatz verlangen. Bei nur geringfügigen Mängeln steht dem Kunden kein Rücktrittsrecht zu. Wählt der Kunde Schadensersatz, so gelten die Haftungsbeschränkungen gemäß § 8 Ziffern 1 und 2 der AGB.
Verbraucher haben uns offensichtliche Mängel der Ware innerhalb von 2 Monaten nach Empfang schriftlich anzuzeigen; andernfalls ist die Geltendmachung des Gewährleistungsanspruches ausgeschlossen. Unternehmer müssen die gelieferte Ware unverzüglich auf Qualitäts- und Mengenabweichungen untersuchen und uns erkennbare Mängel innerhalb einer Frist von einer Woche ab Empfang der Ware schriftlich anzeigen; andernfalls ist die Geltendmachung des Gewährleistungsanspruches ausgeschlossen. Verdeckte Mängel sind uns innerhalb einer Frist von einer Woche ab Entdeckung schriftlich anzuzeigen. Zur Fristwahrung genügt die rechtzeitige Absendung. Den Unternehmer trifft die volle Beweislast für sämtliche Anspruchsvoraussetzungen, insbesondere für den Mangel selbst, für den Zeitpunkt der Feststellung des Mangels und für die Rechtzeitigkeit der Mängelrüge.
Für Verbraucher beträgt die Gewährleistungsfrist zwei Jahre ab Ablieferung der Ware. Für Unternehmer beträgt die Gewährleistungsfrist ein Jahr ab Ablieferung der Ware. Bei gebrauchten Sachen beträgt die Gewährleistungsfrist ein Jahr ab Ablieferung der Ware. Die einjährige Gewährleistungsfrist gilt nicht, wenn uns grobes Verschulden vorwerfbar ist sowie im Falle von uns zurechenbaren Körper- und Gesundheitsschäden und bei Verlust des Lebens des Kunden. Unsere eventuelle Haftung nach dem Produkthaftungsgesetz bleibt hiervon unberührt.
Wir geben gegenüber unseren Kunden keine Garantien im Rechtssinne ab. Herstellergarantien bleiben hiervon unberührt.
§ 8 Limitation of liability
In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable, direct average damage typical of the contract. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardise the performance of the contract. The above limitations of liability do not affect the customer's claims under product liability or warranty. Furthermore, the limitations of liability do not apply in the case of bodily injury or damage to health attributable to us or in the case of loss of life of the customer.
We are only liable for our own content on the website of our online shop. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these sites.
§ 9 Data protection
With our "data protection information" we inform our customer about:
the type, scope, duration and purpose of the collection, processing and use of personal data required for the execution of orders as well as invoicing;
the transfer of data to companies commissioned by us and obliged to assess the statutory data protection provisions for the purpose and duration of the credit assessment as well as the dispatch of the goods.
§ 10 Final Provisions
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Memmingen. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought, provided that the above choice of law has been agreed in writing or has been confirmed in writing (including in electronic form) by us or by the customer for a contractual legal relationship with reference to these GTC.
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a valid provision whose economic success comes as close as possible to that of the invalid provision.
