Our General Terms and Conditions

General terms of business:
(translated from the german terms of business. In case of any discrepancies to the german version, the german version is the valid one.)
 
- All deliveries are being made based on our terms and conditions.
 
- Purchase, Payment & Shipping:
1. Our invoices can be paid via bank transfer, credit card via Saferpay, Sofortueberweisung, COD, Amazon Pay via Amazon, purchase on account via Billpay or Paypal.
 
2. When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (20 calendar days after the billing date). Purchase on Account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. With payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions https://www.billpay.de/allgemein/datenschutz/ of Billpay GmbH apply.
 
- All prices in our pricelists are without obligation, and are ment ex warehouse Germany in Euro including the present VAT. If Modellbahn Union notices after receiving your order, that an error has happened in the products description, availability or price, we will inform you about this error. You can then decide, based on the changed conditions, about continuation of the order. Otherwhise Modellbahn Union is allowed to cancel your order. For products offered with a price of „0,00“ the final price has not been set yet and will be given later.
- An order can be considered as accepted by Modellbahn Union if you get a confirmation in writing, or by sending you the products.
 
- All deliveries are being made ex warehouse Germany. We will try our best to keep as close as possible to the delivery times being given, and are entirely based on the information we receive by the manufacturers. No compensation can be given because of extended delivery times. Part deliveries might happen. 
 
- Sudden saleouts of products at our warehouses might happen.
 
- All invoices are to be paid prior to shipping. Shipping is being done at cost for the buyer. For shipping costs to destinations outside Germany please refer to the shipping costs table given in the Onlineshop.
 
- Ownership:
1. Ownership of all products remains with us until all depths are being paid for in full.
2. when purchasing on account via Billpay:
(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
(2) A right of compensation is available for you, if your counterclaims are legally established, recognized or accepted by us. You also have a right of retention only if and when your counterclaim is based on the same contract.
(3) If the customer has any remaining default payments due to us, all existing receivables are due immediately.
 
- Warranty:
new items: Warranty is based on statutory warranty rights.
used items: Irrespective of the following regulations for shortening the period of liability for the use of used goods, the limitation of claims for damages in the case of injury to life, body, or health which is based on intentional or negligent breach of duty on our part or on deliberate or negligent breach of duty by our legal representative or vicarious agents, remains untouched. Furthermore, irrespective of the following regulations to reduce the period of liability for the defect in the case of used goods, the limitation of claims for damages in the case of other damages which are caused by an intentional or grossly negligent breach of duty on our part or a deliberate or grossly negligent breach of duty by our legal representative or vicarious agents remains untouched. It also does not affect any liability under the Product Liability Act.
Used items have a liability for defects of one year if the customer is  consumer. Liability for defects is excluded if the customer is a business. In addition all statutory warranty rights are valid.
 
-Any faults must be declared immediately to make sure for fast handling. Additional claims, regardless for whatever legal reason, including unauthorized handling, missuse and especially resulting further damages, won´t be accepted.
 
- For information on your right of revocation please refer to the information provided on the webpages of our Onlineshop.

- Place of fullfillment is Issum. Place for legal issues is Issum. In addition all legal regulations apply, also in respect of giving customers basic and additional rights.
 
- All agreements to changes in the given terms need to be confirmed in writing.
 
- Privacy laws:
For information on privacy laws please refer to the information provided on the webpages of our Onlineshop.
 
- customer information on storage of order information:
Purchase contract texts containing product and order information are not saved by us. You can check all information by using your eBay account within 60 days after purchase. After that time you can´t access the information any more.
 
- If any of the terms of these conditions are or get unvalid, validation of all other terms won´t be affected.
 
- Please note that our products are scale models for adult collectors, and not suitable for children under the age of 14.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To

Modellbahn Union / DM-Toys
Inh. Daniel Mrugalski
Gutenbergstr. 3a
DE 59174 Kamen


Email: info@modellbahnunion.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

____________________________________________________________

____________________________________________________________

 

Ordered on _________________ (*)/received on (*) _________________

 

Name of consumer(s) ___________________________________

Address of consumer(s)

_______________________________________________

_______________________________________________

_______________________________________________

 

Date ___________________

Signature of consumer(s)
(only if this form is notified on paper) ____________________________

 

(*) Delete as appropriate.


More information

Identity of the seller

Modellbahn Union / DM-Toys Inh. Daniel Mrugalski
Gutenbergstr. 3a
DE 59174 Kamen
Phone: +49/(0)2307/240938
Email: info@modellbahnunion.com

Out-of-court dispute resolution to Art. 14 para. 1 of Regulation ODR

The European Commission provides a platform for online dispute resolution which you can find under https://ec.europa.eu/consumers/odr/. We are willing to participate in a out-of-court dispute resolution.

Ordering process

Products you can put obligation by clicking the buttons in the cart. The contents of the basket can be at any time by clicking on the "To shopping cart / Checkout now". The products can be at any time by clicking the button or by entering the quantity 0 in the quantity field of the shopping cart position again remove from the cart. If you want to buy the products in your cart, click "Checkout now" button.
Please then enter your data. The mandatory fields are marked with a *. Your data is encrypted for transmission.
After entering your data, select the payment method and time of delivery will take you to the order page where you can check your entries again. By clicking the "Purchase" you complete the ordering process. The process can be interrupted at any time by closing the browser window. On the individual pages for more information, such as to corrections.

Contract text

The contract text is stored on our internal systems. The general terms and conditions, you may at any time on this page. The order information will be sent to you via e-mail. Your last order data can be found in our customer login area.

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