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General Terms and Conditions of Business
§ 1 Withdrawal from Contract
The buyer may withdraw from the contract if the purchase is purely private. There is no right of withdrawal for professional buyers and/or traders. Withdrawal does not require any specific reason. Any withdrawal must be announced in writing within two weeks after the order or by return of the goods within two weeks after delivery. An announcement of withdrawal or return of goods is in time if it is sent off in time. In case of withdrawal the buyer has to return the goods to us. If the value of the goods is more than 40,- €, shipping and handling costs will be replaced by us after return of the goods.
§ 2 Area of Application
All business with Mike’s Modells shall be governed primarily by these terms and conditions. Furthermore all trades shall be governed exclusively by German law and shall preclude the international laws on international sale of goods, even if the contract partner should reside abroad. General terms and conditions of business of the customer are invalid if they differ from the following terms.
§ 3 Contract Closure
All offers in the Online-Shops are open and subject to change. The customer’s order is considered to be an binding offer by the customer. The customer is bound to this offer for one week. The basis of the order shall be our written acknowledgement or confirmation via e-mail.
§ 4 Terms of Payment
Payment has to be made in advance onto our stated account. Shipping is only after reception of the full amount including the listed costs of shipping and handling. You also can use www.moneybookers.com.
§ 5 Shipping and Handling
Costs for insured deliveries are € 6,00 (within Germany) or € 18,00 (within Europe, to Northern America, Asia and Australia) flat rate per parcel no matter how many models are shipped in one delivery. Smaller models can be sent uninsured at a cost of € 2,60 (within Germany) or € 7,00 (within Europe, to Northern America, Asia and Australia) in padded envelopes at the customers desire and risk. Larger models are shipped in special cardboard boxes. All models are packed with special care and are shipped singly wrapped.
§ 6 Deliveries
We will process your order immediately after placement. Shipping is within two weeks after reception of full payment.
Should we be in delay of delivery, the customer has to set a deadline for an extended delivery period of at least four weeks along with a warning of non-acceptance in writing, before the customer can claim any damages in the form of proven costs arising from the delay. Any liability for late or non delivery is limited to cases of gross negligence.
§ 7 Warranty
We provide a limited two year warranty for all our goods and services starting with the date of delivery. The customer has to check all goods for faults and damages immediately after reception. Any obvious faults have to be announced in writing within two weeks after reception of the goods. In the case of valid reclamations, the customer will have the choice between subsequent improvement or replacement (only for new goods). Should the fault persist after two subsequent improvements or replacements, the customer may choose between a rescission of the contract or an appropriate price reduction.
§ 8 Data protection
According to the requirements of § 28 of German Federal Law of Protection of Data (Bundesdatenschutzgesetzes - BDSG) we hereby announce that customer data required for the business will be processed and stored on electronic media in compliance with § 33 BDSG. Personal data will, of course, be handled confidentially.
§ 9 Miscellaneous
Should provisions herein be incomplete or legally invalid, they shall be replaced by such provisions as come closest to fulfilling the economic purpose of the contract and to preserving to a reasonable degree the mutual interest of the parties. The provisions of the remaining contract shall be unaffected.
Valid as of 11.06.2010
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