Conditions of Use
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General Terms and Conditions of Magnus Rücker / Rücker Modellbau
1. The following terms and conditions apply between you as the customer and us, Rücker Modellbau, owner: Magnus Rücker, Dorfstr. 9, 56769 Retterath OT Salcherath, Tel.: +49 2657 - 94 28 962, e-mail: info@ruecker-modellbau.de, hereinafter referred to as RM, for contract negotiations, contracts concluded, and contract performance.
These Terms and Conditions apply to both consumers and businesses.
Consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.
Business means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or self-employed professional activity. A partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.
In addition to these Terms and Conditions, individual agreements with consumers are possible.
Different provisions and terms and conditions of businesses shall not become part of the contract.
2. Conclusion of contract, changes to the order
We only enter into contracts with persons who are of full legal capacity and of legal age.
The presentation of our goods in the online shop does not constitute a binding offer. Only by clicking the “Order” button at the end of the ordering process do you as the customer submit a binding offer to purchase the items specified in the order. Until the order process is completed, you may remove items from the shopping cart at any time or cancel your order by leaving the shopping cart, the order menu, or closing the browser window.
After submitting your order, you will receive a confirmation from us of the details you entered and the items ordered, including shipping costs. This creates the contract.
3. Storage of the contract text, contract language
We do not store the full contract text. We only store the order data. You can print out your order and these Terms and Conditions at the end of the ordering process or save them on your computer. You will receive the Terms and Conditions again together with the invoice, which we send to you with the ordered items.
The contract language is German.
4. Withdrawal policy
Right of withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the consumer or a third party named by the consumer, who is not the carrier, takes possession of the goods, or, in the case of a contract relating to multiple goods ordered by the consumer in a single order and delivered separately, the last goods, or, in the case of a contract for the delivery of goods in several partial shipments or pieces, the last partial shipment or piece.
To exercise your right of withdrawal, you must inform us
Rücker Modellbau
Owner: Mr. Magnus Rücker
Dorfstr. 9
56769 Retterath OT Salcherath
Phone: +49 2657 – 94 28 960
Fax: +49 2657 - 94 28 965
E-mail: info@ruecker-modellbau.de
by means of a clear declaration (for example, a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract.
Consumers may use the attached withdrawal form for this purpose, although this is not mandatory. Consumers may also complete and submit the withdrawal form or another clear declaration electronically on our website www.ruecker-modellbau.de or www.tiefziehbox.de. If consumers make use of this option, we will promptly send them confirmation of receipt of such a withdrawal (for example by e-mail).
To meet the withdrawal deadline, it is sufficient for consumers to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If consumers withdraw from this contract, we shall reimburse to them all payments received from them, including delivery costs (with the exception of additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which notification of the withdrawal of this contract was received by us. For this reimbursement, we will use the same means of payment that the consumer used for the original transaction, unless something else has been expressly agreed with them; in no event will consumers be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until consumers have supplied evidence that they have returned the goods, whichever is the earlier.
Consumers shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which they informed us of the withdrawal from this contract. The deadline is met if consumers send back the goods before the period of fourteen days has expired.
Consumers bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 500.00.
Consumers only have to pay for any diminished value of the goods if this diminished value results from handling of the goods that was not necessary to examine their nature, characteristics, and functioning.
5. Exclusion of the right of withdrawal for businesses
Customers who are businesses do not have a right of withdrawal. The definition of a business can be found under § 1 of these Terms and Conditions.
6. Retention of title:
The goods remain our property until full payment has been made. If you are in default of payment for more than 14 days, we are entitled to withdraw from the contract and demand the return of the goods. Any payments already made by you will in this case be refunded promptly.
7. Prices, price changes
The prices valid at the time of ordering shall apply. All prices in EURO (€) are gross prices including VAT plus shipping costs.
8. Shipping costs
Shipping costs are charged in addition to the item prices and amount to EUR 5.99 per order within Germany (excluding islands)
9. Delivery and payment terms, quantity discount scale:
The delivery times are stated separately for the respective items and begin
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in the case of payment in advance by bank transfer or direct debit or upon granting a payment authorization, on the day the money is received in our account
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in the case of payment by PayPal, on the day we have received the payment confirmation via PayPal
You can choose from the following payment methods:
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Advance payment by bank transfer:
The invoice amount must be transferred to our account within 14 days after conclusion of the contract. -
Payment by PayPal:
The payment is processed directly via PayPal at the end of the ordering process
If payment by bank transfer has not been received in our account within 14 days after conclusion of the contract, or if in the case of payment by direct debit the invoice amount is not finally paid to us due to insufficient funds, we are entitled to withdraw from the contract. The withdrawal must be made in writing. In the event of withdrawal, any payments already made by the customer will be refunded promptly.
10. Warranty for consumers
The statutory warranty provisions shall apply.
If transport damage occurs, we ask that you have it recorded and confirmed immediately by the delivery service and report it to us. However, failure to comply with this request does not affect your warranty claims.
11. Warranty for businesses
For merchants within the meaning of the German Commercial Code (HGB) and businesses within the meaning of Section 14 of the German Civil Code (BGB) (see Section 1 of these Terms and Conditions), the obligation to inspect and notify defects under commercial law applies. Customers placing orders as businesses are therefore obliged to inspect the goods received immediately upon delivery for obvious defects. If you discover obvious defects, you must notify us of them within 7 days after receipt of the goods. Notification may be made by telephone, in writing, or by e-mail. If you fail to make such notification, you may no longer assert warranty claims against us in respect of these defects.
In all other respects, the warranty between us and businesses as well as merchants is limited to a period of 6 months from delivery of the goods.
We are not liable for defects caused by the business or by the person to whom the business has granted access to the goods.
12. Limitation of liability
For damage other than injury to life, body, or health, we shall only be liable insofar as such damage is based on intentional or grossly negligent conduct or on culpable breach of a material contractual obligation by us or our vicarious agents. Any further liability for damages is excluded. However, the provisions of the Product Liability Act and mandatory statutory liability provisions remain unaffected.
13. Complaint procedure via online dispute resolution for consumers
Complaint procedure via Online Dispute Resolution for consumers (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory and more favorable provisions of the country in which you as a consumer have your habitual residence remain unaffected.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes shall be the registered office of our company in Kaperich.
If you do not have a general place of jurisdiction in Germany, or if after conclusion of the contract you move your place of residence abroad, or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes shall be the registered office of our company in Retterath OT Salcherath.
Should individual provisions of these Terms and Conditions be invalid or conflict with statutory provisions, this shall not affect the validity of the remaining provisions.