Conditions of use for webshop orders
- 1. law applicable
- 2. conclusion of contract
- 3. place of execution
- 4. reservation of proprietary rights
- 5. payment
- 6. guarantees
- 7. accountability
§1 Law applicable To the onlineshop/webshop business relationship between the company Modellbahnprofis Riffler e.K. (subsequently called "seller") and the orderer (subsequently called "customer") the following terms of and conditions apply exclusively and in their valid edition at the time of ordering. In case these terms and conditions are missing regulations, german law applies to the exclusion of UN law. The contractual language is German.
§2 Conclusion of contract Using their onlineshop, the seller exlusively sells goods to customers who are consumer as defined by § 13 BGB. The presentation of goods in the onlineshop is not to be taken as a binding offer, but as an 'invitatio ad offerendum'. By clicking the button "zahlungspflichtig bestellen", the customer makes a binding offer to the seller to conclude a contract of purchase. The seller confirms the order electronically immediately after it has been sent accoding to § 312e I1, Nr. 3 BGB. The seller accepts this offer by prerparing the shipment of the merchandise, § 147 II BGB applies accordingly. Yet the seller reserves their right to decline, especially if:
- the information given by the customer or
- prevenient noncontractual behavior on behalf of the customer
induce a reasonable suspicion that they will not fulfill their contractual obligations, or
the customer's offer is includes writing errors or errata which have become basis for the offer.
§3 Place of execution place of execution is the destination named by the customer. If not determined differently, the customer's place of residence becomes place of execution.
§4 Reservation of proprietary rights Until payment is complete the goods remain the seller's property.
§5 Payment Payment can be carried out as chosen at "method of payment". You are only entitled to a right of set-off if your counterclaims are legal, judicially determined or indisputable or if they have been acknowledged by us. A right of retention can only be executed if the claims result from the same contractual relationship.
§6 Guarantees The seller does not carry any guarantees going further than the respective producers' information.
§7 Accountability The seller is not liable for negligent breaches of duty, provided they do not concern duties essential to the contract, violation of life, body or health, or guarantees, and that claims according to the Product Liability Act remain unaffected. The same applies to the seller's assistants.