GENERAL TERMS AND CONDITIONS

Stand: 01.07.2015

Terms and conditions and customer information

I. Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts you enter into with us as a provider (mam modelbau GmbH) via the website http://www.mam-modellbau.de. Unless otherwise agreed, the inclusion of your own conditions may be objected to.

(2) Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to either his or her commercial or self-employed professional activity. Entrepreneur is any natural or legal person or legal partnership that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.

§ 2 Preresult of the contract

(1) The subject of the contract is the sale of goods.

We sell the goods partially or exclusively as a commissioner in our own name on a foreign account, that is, for a third party as the owner of the goods. Contractors with all rights and obligations are, regardless of which we are.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can make a binding purchase offer (order) through the online shopping basket system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After visiting the "checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option to check all information again, to change it (also via the "back" function of the Internet browser) or Cancel the purchase. 
By submitting the order via the "Order on a paid charge" button, you make a binding offer from us.

(3) The acceptance of the offer (and thus the conclusion of the contract) shall take place immediately after the order has been made by confirmation in text form (e.g. E-mail) confirming the execution of the order or delivery of the goods (order confirmation).
If you have not received a corresponding message, you will no longer be bound by your order. If necessary, services already provided will be refunded immediately in this case.

(4) Your requests to prepare an offer are non-binding for you. We will make a binding offer in text form (e.g. Email), which you can accept within 5 days.

(5) The processing of the order and transmission of all the information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Precondition of the contract at courses

(1) The subject of the contract is the conduct of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can make a binding offer (order) via the online shopping basket system. The courses intended for the booking are stored in the "shopping cart." You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After visiting the "checkout" page and entering the personal data as well as the payment terms, all order data will be displayed again on the order overview page. 
Before submitting the order, you have the option to check all information again, to change it (also via the "back" function of the Internet browser) or Cancel the order. 
By submitting the order via the corresponding button, you make a binding offer with us. 
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. Email) confirming your booking (booking confirmation). If you have not received a corresponding message, you will no longer be bound by your booking. If necessary, services already provided will be refunded immediately in this case. 

(4) The processing of the order and transmission of all the information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 4 Service provision for courses

(1) The courses will be carried out in the form described in the respective offers on the agreed dates.

(2) To the extent that the course is conducted depends on the number of participants, the minimum number of participants is based on the respective offer.
If the minimum number of participants is not reached, we will inform you in text form no later than 7 days before the course starts (e.g. Email) about not taking the booked course. If necessary, services already provided will be refunded immediately in this case.

(3) In the event of cancellation of a one-on-one event due to short-term failure of the instructor due to illness or other important reasons, the services already provided will be refunded immediately.
In the case of events consisting of several event dates, if an appointment is cancelled due to short-term failure of the instructor due to illness or for other important reasons, the cancelled appointment will be reprocessed on a replacement date.

(4) In connection with the use of classrooms and objects, you must comply with the local house regulations. You must follow our instructions or instructions. The instructor's instructions.

§ 5 Substitute Participants

You can nominate a replacement participant at any time before the course starts. You will not incur any costs for this rebooking.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention if there are claims from the same contractual relationship.

(2) the goods remain our property until the complete payment of the purchase price.

§ 7 Guarantee

(1) there are statutory warranty rights.

(2) In the case of used goods, the warranty period is one year from the statutory regulation one year from the delivery of the item. The reduction in the deadline does not apply:

-culpable damage attributable to us from injury to life, body or health and other damage caused intentionally or grossly negligently; 
-insofar as we have fraudulently concealed the defect or provided a guarantee of the nature of the item. (3) As a consumer, you will be asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. If you don't follow up, it doesn't affect your legal warranty claims.

§ 8 Legal choice, place of performance, place of jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only to the extent that this does not deprive the protection afforded by mandatory provisions of the law of the State of the consumer's habitual residence (principle of favouritism).

(2) place of performance for all services from the existing us business relations, as well as Court of jurisdiction is our Office, if you are not a consumer, but merchant, legal person of under public law or special fund under. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time of filing the claim. The power to also appeal to the court at another legal venue remains unaffected by this.

(3) the provisions of the CISG expressly does not apply.

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Ii. Customer 

1. Identity of the seller

Mam modelellbau GmbH
Swallow Mill
35633 Lahnau
Germany
Phone: 06441 4427894
Email: info@mam-modellbau.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available under https://ec.europa.eu/odr (http://ec.europa.eu/odr).

2. Information on the achievement of the contract

The technical steps to the conclusion of the contract, the conclusion of the contract itself and the corrective possibilities are carried out in accordance with the regulations "the conclusion of the contract" of our general terms and conditions (Part I.).

3. Contract language, contract test storage

3.1. Contract language is German.

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping basket system, the contract data can be printed out via the printing function of the browser or secured electronically. After receipt of the order with us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. If you request offers outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. E-mail, which you can print or secure electronically.

4. Key features of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They are accessible via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are in addition to wear, if not the free shipping is said to you.

5.3. If we deliver to countries outside the European Union, we may incur additional costs, such as: Tariffs, taxes or money transfer fees (transfer or exchange rate fees of credit institutions) to be borne by you. You must also bear the costs incurred by the transfer of funds in cases where the delivery is made to an EU member state, but the payment has been made outside the European Union.

5.4. The payment methods available to you are shown under a appropriately designated button on our website or in the respective offer.

5.5. Unless otherwise stated in the case of the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

5.6. Unless otherwise agreed, when booking courses, payment must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participate.

6. Delivery

6.1. The terms of delivery, the delivery date, as well as, where appropriate, existing supply quota systems see a similarly designated button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental destruction and accidental deterioration of the sold item during the shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or Uninsured. This does not apply if you have independently hired a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment. 

7. Legal law on liability 

The liability for defects is based on the "Guarantee" scheme in our Terms and Conditions (Part I). 

This terms and conditions and customer information have been prepared by the lawyers of the dealer association, which specialise in IT law, and are constantly checked for legal compliance. The dealer association Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: Http://www.haendlerbund.de/agb-service (http://www.haendlerbund.de/agb-service).

Latest update: 25.05.2018