General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

1. Scope of application

For all orders placed by consumers and business customers via our online shop, the following General Terms and Conditions apply. Only the German version of these GTC is legally binding. Translations into other languages are provided for information only and are not legally binding.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

In relation to business customers, these GTC also apply to future business relationships without the need for us to refer to them again. If a business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; such terms only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

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

The presentation of products in the online shop does not constitute a legally binding offer, but a non binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order has been submitted and does not yet constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by dispatching the goods within two days.

The language available for the conclusion of the contract is German.

We store the contract text and send you the order data and our GTC by email. You can view and download the GTC at any time at https://www.gatra-modellbau.com/de/Unsere-AGB:_:3.html. You can view your past orders in our customer login area.

3. Delivery conditions

In addition to the stated product prices, shipping costs are added. You will find more information on the amount of the shipping costs in the offers.

In principle, you can also collect your order from GATRA Modellbau Union, proprietor: Holger Schramm, Am Scheunenplatz 7, 14550 Gross Kreutz, Germany, during the business hours specified below: during the day by prior appointment.

4. Payment

The following payment methods are available in our shop:

Advance payment by bank transfer

If you choose advance payment, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

PayPal

You pay the invoice amount via the online payment service PayPal. The checkout process is completed without a payment transaction. You will receive the payment link later in an email together with the order confirmation. To use the payment method "PayPal Link", you must in principle be registered with PayPal or first register, identify yourself with your access data and confirm the payment instruction to us.

This payment method is available only to our end customers.

Invoice

Public authorities, public institutions, registered model making and model railway clubs and trusted resellers (in each case subject to proof) may order from us on account. The payment term is fourteen days from the date of issue of the invoice.

Cash payment on collection

You can pay for the goods in cash when collecting them.

5. Retention of title

The goods remain our property until payment has been made in full.

For business customers, the following applies in addition: We retain title to the goods until all claims from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice value, irrespective of a combination or mixing of the goods subject to retention of title with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.

6. Transport damage

For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects in accordance with section 377 of the German Commercial Code applies. If you fail to notify us as set out there, the goods are deemed to be approved, unless the defect was not recognisable 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 liability for defects applies.

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

For business customers, the limitation period for claims based on defects is one year from the transfer of risk; statutory limitation periods for the recourse claim under section 478 of the German Civil Code remain unaffected.

In relation to business customers, only our own information and the product descriptions of the manufacturer which have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide warranty to business customers at our discretion by remedying the defect (subsequent improvement) or by delivering a defect free item (replacement delivery).

The above limitations and reductions of limitation periods do not apply to claims for damages which have been caused by us, our legal representatives or vicarious agents:

• in case of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and in case of fraud
• in case of breach of essential contractual obligations whose fulfilment is a prerequisite for proper performance of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• where the scope of application of the Product Liability Act is opened.

Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.

8. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty
• in case of guarantee promises, if agreed
• where the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations whose fulfilment is a prerequisite for proper performance of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited to the foreseeable damage typical for the contract which could have been expected at the time of conclusion of the contract.

Otherwise, claims for damages are excluded.

9. Final provisions

If you are a business customer, German law applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.