|§1 Area of application|
The following Terms and Conditions count to the order and sending of products which are ordered on-line on the Internet about Modelmakershop (Heinz Schwarz, Wettmannstätten 34, A-8521 Wettmannstätten - following named contractor). Within the scope of these achievements count exclusively the following Terms and Conditions.
§2 Completion of the contract
All offers from the contractor are not-binding. The contract between customer and th contractor takes place by an order of the customer and his acceptance by the contractor. The order of the customer occurs on-line by fill on the Internet by www.modelmakershop.com provided order form. The contractor takes the order in by sending of a confirmation by e-mail to the customer or by delivery of the ordered goods.
§3 Retention of title
The contractor reserves it self the property in the bought product, until the customer has paid the purchase price for the product.
§4 Right to rescind
The right is put away within the scope of the distant sales law for the customer, within seven working days (Saturday does not count) from arrive to the product with the customer of the contract to withdraw. The cancellation must occur in writing, by email, FAX, letter or by return of the product. For the term protection the timely sending of the resignation explanation is enough. The resignation does not need grounds. The right to rescind entitles to send back only unused and original packed goods. The goods which were made after customer specification as well as special orders are excluded from the right of return. If the product is destroyed by the customer or a person to be added to him culpably, is damaged or diminished by use in her value, the customer has to substitute for the value of the product or the depreciation. With the exercise appropriate for term of the right to rescind the contract is dissolved and the customer commits himself the delivered product within two weeks (if the resignation was not already exercised by return) appropriate for post packed back to the contractor. The return is to be franked enough, unless, the delivered product did not correspond to the ordered product. Already performed payments are refunded from the contractor within 30 days from entrance of the return to the customer by transfer or are credited.
The delivery of the ordered goods occurs within and Worldwide. Should the contractor find out after completion of the contract that the ordered(appointed) product(ware) is not available any more or cannot be delivered(supplied) for other reasons(grounds), the contractor either one can offer in quality and price equivalent product(ware), or withdraw from the contract(treaty).
§6 Payment/ Forwarding expenses
With the order the suitable payment kind is to be chosen. With payment kind "Pre-payment" (for and the EU lands by euro-currency possibly) no additional costs result beside the goods costs and forwarding expenses.With payment kind "Post cash on delivery" (for possibly) 5,00 Euro attack expenses beside the goods costs and forwarding expenses, in addition, in cash on delivery. With payment kind "Pre-payment" (for EU lands by not euro-currency and possibly) 14,50 Euro additional result beside the goods costs and forwarding expenses in bank charges. With a choice of "pre-payment" the customer gets the invoice amount and the bank data announced after arriving of the order with by email. The invoice amount is to be deposited then by the customer if the amount in the account of the order taker appears the parcel is sent to the customer. The ordered goods are sent with post or DPD-parcel service. As forwarding expenses only the really resulting postage costs get according to Austrian post rate or DPD rates to the account. Should be met between customer and the contractor special arrangements with regard to payment, the goods up to entire payment remain a property from the contractor.
§7 Data protection
They agree to the storage, processing and use to us within the scope of the order process to dates for contractual targets and on basis of the data protection regulations expressly
§8 Fault control of the delivered product
Should you ascertain damages in the transport packaging, is to be complained at the time of the takeover of the parcel, immediately to the delivery agent (post, parcel service). The product is to be controlled after the delivery immediately. Besides, ascertained defects are prompt to announce at the latest, however, within 7 days after delivery under announcement of kind and circumference of the lack to the shop operator. Concealed defects are immediately to be reprimanded after her discovery. If a fault rebuke not or is not raised on time, the product counts as approved. The assertion of guarantee claims for damages or a pity claims for damages, as well as the right on mistake challenge, on the basis of defects, is excluded in these cases. The presentation of a lack entitles the buyer (principal) not to let repair the lack or by third ones, but there is to be to the shop operator (contractor) before opportunity for the improvement within adequate term.
The guarantee term amounts for movable things 24 months. If the lack is remediable, the guarantee occurs through free removal of the proved defects in adequate term. The removal can occur after our choice, in any case, also through sending of a flawless product in adequate term. The complained part is to be returned before to us. The claim to prize decrease is excluded in all cases.
§10 Pressure and typing mistake
We reserve ourselves the right on taking back of the offer with misprints and typing mistakes.
All prices in our on-line shop get on in euro or Swiss franc including the valid value added tax, excluding all expenses originating with the dispatch. By sales to enterpriser within the EU no Austrian sales tax results under proof of the UID, these have to do the sales tax then to her state to pay.
§12 Applicable right/ Legal venue
On all commercial cases the Austrian right finds to the exclusion of his reference norms, application. Place of fulfilment is Wettmannstätten.
§13 Alternative Dispute Resolution
The EU Commission provides a platform for online dispute settlement on the Internet at: http://ec.europa.eu/consumers/odr.
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer complaint office. The legal status is Graz - valid version 1.1 of 1st of November 2016