osCommerce MS-2.2

General terms and conditions for orders made online, by telephone, via e-mail or arising from a winning bid on one of mod online auctions.

The following general terms and conditions apply to all our goods and services. We shall be bound to our customers purchasing and delivery conditions only when said conditions have been agreed to by us in writing, even in cases where these are not explicitly opposed.
1. Information about the operator:

Dirk Goldbrunner Spielwarenhandel AN & VERKAUF
Meierstrasse 1
31592 Stolzenau
Tel.: +49(0)5761 9019450
FAX.: +49(0)5761 9019451
Email: shop@modell-ovp.de

Responsibility for the shop lies with: Dirk Goldbrunner

2. Legal venue

Area of jurisdiction is for both parts Stolzenau. After our choice we can complain however with the court responsible for the client.

3. Formation of a contract of sale

By clicking on the button marked "confirm order", you make a binding order for the goods in your shopping basket. You will receive confirmation that your order has been received shortly after sending your order. A contract of sale is formed, however, when the goods are delivered and not when the order confirmation note is received. The contract of sale can be rescinded at any time within a 2 week period after the order has been received. The goods must also be returned to us. It is not necessary to provide a reason for the return.

4. Right of withdrawal

An order can be countermanded without having to give a reason at anytime within a period of 2 weeks after the goods have been received. Withdrawal from the contract has to be made in writing via e-mail, fax, letter within a two week period. Sending the goods back in good time is all that is required to meet the withdrawal conditions. If the user has issued a written withdrawal, then the goods must be returned at the shop operators own expense. When we get the goods back, the contract of sale is dissolved and we will transfer the cost of the goods back into your bank account, in so far as we have your bank account details. Users are contractually obliged to pay for the regular cost of returning goods for orders up to a value of 40 EUR,outside of the Europai Union or Swiss buyer bears the cost of the return, unless, that is, the goods that have been sent to the user do not correspond with those ordered. The user shall also be liable for a depreciation fee, if more than just an inspection of the goods to make sure they correspond with the order has taken place. The customer should treat the goods with care in order to avoid having to pay this depreciation fee should the goods have to be sent back within the two-week return period.

Audio recordings, video recordings and software products that have been removed from their sealed packaging are excluded from this right of withdrawal.

5. Guarantee provisions and customer service:

The legally binding guarantee period for defect claims against the operator of the shop is two years and second-hand goods one year.

Our guarantee is in line with legal requirements. Should the goods become defective, however, we are entitled to repair or send a subsequent part. If these repairs fail to be successful or the subsequent parts sent are also defective, you can call for the goods to be returned in return for reimbursement of the agreed price or for the purchasing price to be reduced. Please refer to the product documentation for information about any manufacturer guarantees. The shop operator accepts no liability for manufacturer guarantees or other guarantees by manufacturers or intermediaries that extend beyond the statutory two-year guarantee period.

6. Delivery details:

Delivery proviso: We will deliver for as long as stocks last.
Usual delivery time: We usually deliver within 8 working days.
We will inform you at once in case of delivery delays. We reserve the right of non-delivery, if the goods ordered are not available. If the goods have already been paid for, this amount will be returned immediately.

7. Prices and costs

A.) Selling price

All the prices stated are retail prices in EUR incl. VAT. The price given at the time of the order is valid. This price is given in the purchase order e-mail. The purchasing price does not include dispatch costs, insurance costs and packaging costs.

All the prices stated are retail prices in EUR incl. VAT at the current 16 percent level. The price given at the time of the order is valid. This price is given in the purchase order e-mail. The purchasing price does not include dispatch costs, insurance costs and packaging costs.

The cost of delivery will depend on the goods ordered and the delivery location. If we are unable to calculate the exact cost of packaging and delivery when the order is placed, we reserve the right to ascertain the cheapest way of delivering the goods for the customer. This will be the case for orders involving several products and for orders from abroad. Under certain circumstances, orders from abroad might be subject to customs duties and/or customs transaction charges over and above the normal delivery charge. Customers are given the opportunity to enquire about transport costs before placing the order and to make their purchasing decision dependent on these costs.

C.) "Advance bank transfer" payments

The delivery times given are dependent on the customer meeting his/her obligations in a punctual and proper manner.

8. Retention of title:

All goods remain the property of Dirk Goldbrunner until they have been paid for in full.

9. Data protection:

All customer data is saved and processed in accordance with the legal requirements of the German Act relating to data protection in respect of telecommunications services (Teledienstdatenschutzgesetzes -TDDSG) and the Federal Data Protection Act (BDSG). Your personal details will only be collected for express, clear and legitimate purposes and will not be kept on record for longer than necessary in connection with your person. You have the right to information, as well as the right to correct, to block and to delete your personal data. To do this, please contact the operator of the shop or inform us of your requirements by letter or fax. We will not pass on your personal details including your postal address and e-mail address to third parties. Except, that is, our service provider partners, who will need your details in order to fulfil the order requirements. However, we will only pass on those details that are absolutely necessary to fulfil the order.

According to the laws mentioned above dealing with the saving of your personal details, we need your agreement for the following activities. We will ask for your agreement at the relevant time and place. If at a later date you decide that you no longer wish to be provided with the services, you can inform us of your wish to withdraw your agreement at any time.
To this end, then, we would like to offer you the following services:

. To send you our newsletter with our latest offers
. To register you as a regular customer

10. Final Provisions:

Should any provision of these general terms and conditions be or become invalid, this shall not affect the contract as a whole. In such a case the invalid provision shall be replaced by the relevant statutory provision.

The terms of the contract are governed exclusively by the laws applicable in the Federal Republic of Germany and not those according to the UN Convention on Contracts for the International Sale of Goods.

Stolzenau 1/1/2006