Conditions of Use
1. Coverage
For legal business and legal business actions between the company Modellbau-Bichler GbR owner Martin Bichler, Chiemseestr. 50 in 83278 Traunstein , Germany ) general business policies apply. Tweaking business policies and regulations through the customer are not valid. Non-conformations of the client in regard to his own business or purchasing conditions will be strictly denied. Exceptions, therefore, need to be in writing and confirmed through our approval.
2. Offer and Agreement
The specification and information is to be found on the Website http://www.modellbau-bichler.com . Price listings are not obligatory. All our offers are subject to change. We reserve the right to technical changes and variations, which do not influence the application of the products.
By placing an order the client agrees to an obligatory business contract. Modellbau-Bichler, has the option to accept this offer within two weeks upon agreement. The mailing of the ordered merchandise, within time limit, is equal to an agreement of acceptance. The confirmation of the received order from the Online-Shop is not an accepted agreement. Modellbau-Bichler reserves the right to limit the sales of merchandise to private customers to an average of the trade business.
If Modellbau-Bichler applies this rule the customer has to be informed about this limitation and then he has to agree to the order terms.
We retain ownership and copyright to all documents involving the order placement, such as the calculation, drawings, and so on. These documents my not be revealed to a third party member, unless we, Modellbau-Bichler, give the customer our permission, in writing. As long as we do not accept the customers order within a time-line of two weeks, all documents are to be disregarded .
3. Pricing and Payment
Pricing on our sales chart and Online-Shop are usually listed as the total sales price, including the sales tax. If the sales tax is not included it is listed. For business partners within the EU and for business partners not within the EU these prices will be listed with deduction of the sales tax. As long as there have been no written agreements our shipping and handling prices apply from Traunstein , Germany , to their final destination, wherever that may be. The packaging is not included in the listed billing piece. Packaging, shipping and handling costs all will be listed separately, in an additional bill. The fix shipping and handling costs shown in the Online-Shop only apply to the listed routs and areas in the shops delivery area (check the menu mark for “Shipping & Handling”). All others must expect an additional fee. In the rule exceptions are made when it comes to the shipping and handling of dangerous items. For shipping and handling outside of the Germany transport costs increase, depending on weight, volume and transport company.
Payment of the sales price needs to be immidiately transferred into the from us revealed account.
Private customers have the option to pay through form of pre-payment. Modellbau-Bichler, reserves all rights to only deliver in single cases using pre-payment. As a rule, payment within and around the Federation of Germany the bank withdraw system applies. Customers not from this area are able to pay by credit card. As a business customer the order agreement or bill stating the payment agreement is valid. If payment is delayed, the payment price will increase by an interest of 5% of the original price, which will be added to a final bill, in addition.
The validation of a higher demurrage remeins reserverd. When putting an order together priec changes, due to alterisations of access-, material - & sales expenses for the shippment that occures three months or more after finalization of the contract remain reserved, as well.
4. Summation and The Right of Holding Back
Customer only have the right to summation, when the counter-claims are legal or if Modellbau-Bichler recognizes the counter-claims. For the right to withhold to be effective the customer is only authorized an appeal under the same authorized conformity circumstances as agreed upon before hand.
5. Terms of Delivery
If as no long delivery terms have been agreed upon, Modellbau-Bichler delivers the ordered goods as fast as possible (usually within 7 business days) after availability of the product. The delivery period will be adhered to, if the article has left the warehouse within this delivery period. If payment in advance is agreed upon the article will not be shipped until payment has been made. The agreement in the lead of a short delivery period or a transaction on account is only recognized through a written agreement, verified by Modellbau-Bichler.
If delivery of the product does not occur within 30 days the customer must send a rightful registered letter with a return slip announcing the time overexertion, within two weeks. If there is no response from Modellbau-Bichler, even after a written notification, within time period of two weeks the customer is released from any binding agreements. The customer has no right on compensation, as long as there are no other binding agreements made.
We are completely or partially excused from the duration of the extent of circumstances or events, which occur outside of our business, that may disable the delivery or make it difficult. This especially, is the case when factory interruptions take place, like delivery of raw -, aid- and factory materials, missing shipment possibilities, bureaucracy, and so on, which we are not responsible for. Aside of this we also believe that we have the right to completely renounce agreement immediately or later on, or partially step back from the contract without the buyer having any rights upon us. Modellbau-Bichler, has the right to resign from contract if out of reasons, not concerning the customer, Modellbau-Bichler does not receive shipment from his source. If, Modellbau-Bichler steps back from the contract the customer will immediately be notified over shipment failure and pre-payments will instantly be reimbursed.
6. Delivery
Shipment way, just as delivery costs are chosen only by Modellbau-Bichler.
If more than one article is ordered, but due to lack of availability cannot all be delivered at once, Modellbau-Bichler will immediately deliver the available parts. As long as no late-shipment is announced by Modellbau-Bichler, the not available articles need to be reordered at a later time. Late-shipments are not free of shipment charge.
7. User Return Policy
All, from the user, ordered articles can be sent back without restraints and without reasoning. within two weeks upon receival of the product. All customers are users, who order the product for one reason, which has nothing to do with business purposes or self-employment purpose. The return postage is to be carried by the customer. Through following the correct return policy reasoning the client will be reimbursed by Modellbau-Bichler. This right upon return does not apply to special placed orders upon request of the customer like special cuts, fillings, alternated or special made up products, products that cannot be taken back due to their consistency. Return of an over-sized package can only occur upon agreement! Packages that are sent back on charge of the receiver, in this case Modellbau-Bichler will not be accepted.
The customer must use the original packaging for the transport when sending back an item. The packaging of the return item must be the original packaging, including its components, especially with “hazardous components” and “fragile” articles or other goods, which require precise safety packaging.
If slack in the packaging of this product/components occurs and it is damaged or liquid is set free from transport, we are not liable for anything. The return is to be sent to the following address:
Modellbau Bichler
Traunstorfer Str. 13
D-83278 Traunstein
Germany
If it is not possible to send the item back through normal delivery it is accountable for the return policy to apply for a written return form through the post office in form of a fax (0049-0861-2003)
or send and informing E-mail or notify Modellbau-Bichler directly.
Modellbau-Bichler will then after consultation with the client arrange the return. In order to remain in the deadline the return-shipment or the shipping of the order within the two-week rule, after receiving the product must be respected. If the shipment or the return-delivery is mailed in a convenient time frame the client is no longer obligated to any binding contracts. As long as the purchase price was paid, Modellbau-Bichler will return the full amount, the amount that we, Modellbau-Bichler have received from the customer. Important notification: If the returned good has been used or damaged Modellbau-Bichler reserves the right to claim restitution for the depreciation as in damaging the product. In this case a fair will be demanded, due to the usage of the ordered and returned object a suitable compensation. Compensation will be handled by Modellbau-Bichler. Here the client will be billed for the caused damage in addition to the sales price.
8. Property Reservation
Delivered goods remain property of Modellbau-Bichler until the agreed sales price has been fully paid. If the client is a dealer, a juristic person of the public law or public-legal-process unit of special security funds, Modellbau-Bichler remains the right to all property of the delivered goods until the agreed upon terms of all stated facts, which were made on date of the contract agreement, are beheld. This is only the case, if all processes in the foreground all terms of the add-on-sale and reorder quantity have been followed.
Is the customer a merchandiser, or if the order belongs to the inventory of a business enterprise he better cede all demands in full to Modellbau-Bichler, which he will gain through resale against his customer. The person who places an order is irrevocably responsible for the demand confiscation. Modellbau-Bichler will only countermand the bank collection authorization ability if the customer is late with his payments or if a motion state for insolvency proceedings is placed.
Modellbau-Bichler is obligated to reveal the established safety to the customer if demanded, as its worth excides the ensured amount of 20%. The choice of releasing the safety is discretion upon Modellbau-Bichlers behalf.
9. General Warranty – Deficiency - Liability
The customer is responsible to make sure the order is complete and as he must be notified of recognizable and visible damage, if there is any, when using the mail-order-business in presence of the carrier. In case of complaint a document must be created, listing all deficiencies, which must also be signed by the carrier and instantly mail back to us. If shipping and handling damages occurred notify us within 24 hours upon receival. When receiving the shipment on the weekend notification must occur the next business day.
It must be set ahead that, warranty rights on behalf of the person who places an order that this person in quested all according to legal rightness. The customer is especially obligated to check the order closely when receiving it. If there is a concern this notification must occur within the time frame of two weeks on request of a written from addressed to Modellbau-Bichler.
The very same procedure is to be followed as stated up above, if other deficiencies occur, after immediate discovery. Complaints are to be mailed to the address listed under point 7. If no indications of defects are made in the correct time frame the product, in reference to the damage, it accounts asaccepted.
The only existing claim is the claim for cancellation of sale, as long as no other contract binding regulations have been made. There is no right upon reduction or compensation. Before any returns occur Modellbau-Bichler must give approval.
Notification of defects do not release from the commitment to make payment. Please, not those complaints are excluded in any case, for exampleif strange components are mixed in, or are built in, which are not oriented from us, or specially recommended by us. This also applies when the from us recommended agreement terms or indications and adequate construction of manufactory did not produce what you had in mind. Equally, a guaranty upon the from us delivered materials, constructed works and developed products cannot be given, due to the fact that, we have no influence on local processing conditions and methods. Our and the manufacturers details does not excuse the buyer from making sure themselves that our products through testing are able to do what they are intended to do. We take no responsibility for the fact that the shipment fulfills the customers need, and claim no liability for the delivery and personal damage that may occur through the usage of our product. This is because we cannot monitor an orderly business handling or input.
Deficiencies do not only occur through insignificant discrepancy of the agreed upon quality, of just slight damage of the usage, through natural wear and tear. This may result after the transfer of risk followed through defective or careless handling, high stress, and inapt maintenance resource or are caused through special impacts, which are not listed in the contract. If the customer or a third party member makes changes or improper maintenance routing, there will be no notification of defect claim accepted for that specific person or the damage that was caused.
Demands from side of the customer over the purpose of fulfilling the necessary expenditure such as transport-, way-, input-, and material costs are ruled out. This is, as long as the expenditure increases, due to not delivering the desired order to a wrong address, other than yours, unless there is proof of delivery of the goods.
Ulterior proceedings or other not under point 9. listed customer regulations that go against us and our fulfilling aids, due to a deficiency are ruled. When delivery of used goods occurs compensation claims are not applicable for deficiencies, unless Modellbau-Bichler failed to mention the notable deficit. Is the customer a merchandiser, or if the order belongs to the inventory of a business enterprise he must obey to the law and regulations he falls under.
10. Commercial Safety Laws
We reserve all rights to the usage of our constructions and products. If pirate copies are made or involvement of a third party even through slight alterations a breach of contract is the result of this action and the punishment is the following: Depending on the model that was copied the sales price will be multiplied by 20, aside of judicial ruling that will follow, up to the duration of fife years after the contract agreement was made.
11. Final Regulations
Side agreements and other stipulations or declarations of intention of the contract members need to be in written form.
For all deliveries and payments, Traunstein is the point of destination legal domicile. If the client is a dealer, a juristic person of the public law or public-legal-process unit of special security funds, Traunstein, is the legal domain for all involved.
Upon the contract, The Federation of Germany, reserves all rights to any application. The prestigiousness of the UN-Purchase Right and the international German Private Right is ruled out.
Should the single standards of a particular contract with a customer end up being nugatory, then the effectiveness of the remaining clauses of this AGB (General Business Policies) will not be effected.
