Conditions of Use
Terms and conditions
Terms and conditions of
MVD Modellbauschrauben Vertrieb Dreieich
Auf der Schulwiese 25
D - 63303 Dreieich
Deutschland
Stand 01.01.2017
1. Scope
These terms and conditions apply to all between the MVD (the "Seller") and the customer (the "Buyer") contracts and to all offers, deliveries and services, unless by express written agreement between the parties otherwise agreed. Any conditional or different terms proposed by the purchaser being contradicted.
2. Conclusion of contract
2.1. The order submitted by the buyer, by Internet or fax transmission, is binding. A contract is only concluded with the adoption of the order by written, oral or electronic (internet) sent confirmation of the seller. The supply or acceptance of an invoice is the same.
2.2. With regard to the accuracy of the order, the buyer bears the responsibility, he also has a responsibility to the Seller all information necessary for his appointment or specifications to provide timely manner.
2.3. The seller, processed data concerning the relationship with the buyer, only in compliance with applicable privacy laws.
3. Prices, payment terms
3.1. Prices are ex works plus shipping charges, delivery fees and handling charges according to the current price of the seller.
3.2. The buyer must pay the payment within 14 days after receipt (payment), unless otherwise agreed.
3.3 Payments can only be made by invoice or in advance.
3.4. The offsetting of the buyer is not permitted, except with undisputed, decision or res judicata. Retention can only make the buyer in the same legal relationship claim. Other deductions (for example postage) are inadmissible.
4. Delivery of goods
4.1. The delivery of the goods at the seller or its agents. The buyer has to purchase the product at any time once the seller has notified the buyer of readiness for collection. Alternatively, the seller can ship the goods on delivery or advance payment to the buyer. The costs are borne by the buyer.
4.2. Information regarding delivery deadlines are not binding, unless in exceptional cases, a fixed delivery date has been expressly agreed. The seller is entitled to be provided before the expiration of a specified or agreed time or pay. He is entitled to provide partial services to a reasonable extent.
4.3. The seller is entitled to rescind the contract if it by its supplier or manufacturer of a congruent hedging transaction is not or does not deliver on time and he is not held responsible for non. In this case, the seller must notify the customer immediately and report the non-delivery receipts to return immediately. The same applies in the case of force majeure (eg war, embargo, comprehensive breakdown of infrastructure, etc.).
5. Withdrawal
5.1. The buyer is not bound by the order, if he cancels it within a period of two weeks of receipt of goods. The withdrawal needs to be no justification and can in writing, either in writing (via e-mail) or by returning the goods. For period keeping the punctual sending
MVD Modellbauschrauben Vertrieb Dreieich
Auf der Schulwiese 25,
63303 Dreieich, Deutschland
email: mvd@modellbauschrauben.de
5.2. After receipt of the cancellation, the seller is obliged to reimburse any payments. The buyer is Paketversandt of the goods required to return the delivery at seller's expense
and riskit by registered mail.
The buyer has to bear the regular costs of the return, unless the goods did not correspond to the ordered.
5.3. The claim of the seller for compensation under the statutory provisions remains unaffected. The buyer is pointed out that he has to perform well under normal
conditions of use of the goods by the seller to replace the depreciation occurred, the impairment was prevented by observing the following practices:
The product has to be treated so that visible damage or signs of use are avoided.
The goods may not be combined with other things fixed. Built-in appliances are as gentle as possible, and expand. Paving material is completely retained and
returned upon withdrawal.
Technical equipment, which included parts may no longer than 4 hours in total operating.
The claim of the seller to pay compensation is excluded if the impairment is based solely on the examination of the case regarding functional ability and lack of freedom.
6. Warranty Claims
6.1. If the buyer requires the elimination of a defect or the delivery of conforming goods (remedy), he has to the seller, are given a reasonable period allowing the seller an examination of the complaint and the subsequent performance. In other respects the legal claims of the buyer.
6.2. The limitation period for defect claims is 24 months beginning with the delivery of the item to the buyer.
7. Liability
7.1. The seller is liable without limitation for damages caused by intent or gross negligence, for losses resulting from injury to life, body or health if he is responsible for the breach of duty, and for damages due to fraudulent concealment of a defect or the absence of a guaranteed property have arisen. The obligation to deliver is that of his legal representative or vicarious agent. Liability under the Product Liability Act remains unaffected.
7.2. The seller is liable under restriction to foreseeable contract damages for losses resulting from simple negligence, breach of contract. The liability for simple negligence in breach of a non-essential contractual obligations and for damage not caused to the item itself is excluded. In particular, the seller is liable in cases of ordinary negligence, not for lost profits or other financial losses of the purchaser, except possibly in the context of the subsequent performance of necessary expenses.
7.3. Contributory negligence of the buyer, in particular errors in organization or with insufficient data or information is, to set off this. The seller is liable for the replacement of data only if the buyer made all usual and reasonable backup precautions used current firewalls and antivirus programs and has ensured that the data from data that is kept available in machine readable form, can be reconstructed with reasonable effort.
8. Changes in the product
The seller is entitled to modify its product and specifications accordingly and improve, without giving notice to the customer, if the function or shape of the product is not permanently altered or changed. He is entitled to the customer, the successor model to deliver the ordered model, where the function or shape of the product is not permanently altered or changed if the ordered model is no longer available.
9. Retention of title
The seller retains ownership of the delivered goods until the purchase price has been paid in full. A surrender request by the seller due to the retention of title is dependent on his prior withdrawal from the contract.
10.Severability, Jurisdiction, Miscellaneous
10.1. If any provision of these Terms and Conditions be or become invalid, the validity of the contract or the terms and conditions shall not affect the rest.
10.2. German law applies excluding the UN sales law.
10.3. If the customer is a merchant, Dreieich-Sprendlingen the court of jurisdiction. The seller is entitled to take legal action against the buyer of its general jurisdiction.
10.4. Additional agreements, changes or additions to the contract, including the repeal of this clause in writing.