Generals terms and conditions (GTC)

Generals Terms and Conditions (GTC)

1. Purview

For all orders via our online shop by consumers and entrepreneurs, the following GTC apply. The GTC apply in German. Translations into other languages are not legally binding.

Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal business partnership who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.

These GTC shall also apply to future business relations with entrepreneurs, without our having to refer to them again. If the entrepreneur uses opposing or supplementary GTC, the validity thereof is hereby contradicted; they will only become part of the contract if we have expressly consented to it.

2. Contract Partners, Contract Conclusion

The purchase contract is concluded with GATRA Modellbau Union, owner Holger Schramm.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products without obligation into the shopping basket and correct your entries at any time before submitting your binding order by using the correction tools provided for this purpose in the order process. By clicking the order button, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made by e-mail immediately after sending the order and does not constitute a contract acceptance. We can accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within 2 days.

The language available for the contract is German.

We store the contract text and send you the order data and our terms and conditions by e-mail. You can always find the terms and conditions at https://www.gatra-modellbau.com/Unsere-AGB:_:3.html and download. You can view your past orders in our customer login.

3. Terms of Delivery

In addition to the indicated product prices are still shipping costs added. You can find out more about the amount of the shipping costs in the offers.

In principle, you have the possibility to pick up at GATRA Modellbau Union, owner: Holger Schramm, Am Scheunenplatz 7, 14550 Groß Kreutz, Germany at the following business hours: during the day by appointment.

4. Payment

The following payment methods are available in our shop:

Prepayment

If you choose the method of prepayment we will call you our bank account in the order confirmation and deliver the goods after payment receipt.

PayPal Link

You pay the invoice amount via the online payment service PayPal. The order process (checkout) will be completed without a transaction. You will first receive the payment link in an e-mail with the order confirmation. You must always be registered at PayPal for the payment type "PayPal Link", or you must first register, authenticate with your access data and confirm payment instructions to us.

This payment method is only available to our end customers.

Invoice

Authorities, public institutions, registered model maker/ model railway clubs, trustworthy resellers (proof required) can order by invoice. The payment target is 14 days from the date of issue of the invoice.

Cash on Pickup

You can pay your goods cash at pickup.

5. Retention of Title

The goods remain our property until full payment.

For entrepreneurs, the following applies: We reserve the property right of the goods until full settlement of all claims arising from a current business relationship. You may resell the goods subject to retention of title in ordinary business; any claims arising out of this resale will be transferred to us in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.

6. Transport Damages

For consumers, the following applies: If goods with obvious transport damages are delivered, please report such faults immediately to the deliverer as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. You help us, however, to assert our own claims against the freight carrier or transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or other person or institution who is otherwise required to carry out the dispatch. Among merchants the obligation of investigation anf give notice of defects applies in according to § 377 German Commercial Code (Handelsgesetzbuch). If you fail to comply with the advertisement, the goods shall be deemed to be approved, unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

7. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory right of liability for faulty goods shall apply.

For consumers, the limitation period for claims for defects for used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the recourse claim in according to § 478 German Civil Code (Bürgerliches Gesetzbuch) shall remain unaffected.

As an agreement to the nature of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with entrepreneurs; we accept no liability for any public statements made by the manufacturer or any other advertising messages.

If the delivered item is defective, we shall provide the entrepreneurs by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery) according to our choice.

The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in case of violation of essential contractual obligations, the fulfillment of which allows the proper implementation of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• in the context of a guarantee promise, if agreed
• as long as the scope of the Product Liability Act is in force.

Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the shop.

8. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the context of a guarantee promise, if agreed
• as long as the scope of the Product Liability Act is in force.

In case of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and the compliance with which the contractual partner may regularly trust (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents shall be liable to the damages foreseeable at the conclusion of the contract which is typically expected to occur.

In addition, claims for damages are excluded.

9. Final Clause

If you are an entrepreneur, German law applies to the exclusion of the UN purchase law.

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a corporate body under public law or public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.