Contractual conditions in the context of purchase contracts via our website
Modell & Prototypenbauservice Michael Bensch (Einzelunternehmer)
Telefon: +49 (0) 177 6505059
Telefax: +49 (0) 32 226479471
– hereinafter “provider” –
the users of this website designated in § 2 of these GTC – hereinafter referred to as “customer / customers” – are closed.
For the business relationship between the provider and the customer, only the following general terms and conditions apply in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(1) The customer can select products from the assortment of the provider and collect them in a so-called shopping cart using the “add to cart” button. Using the “Buy Now” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a permanent data medium (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these terms and conditions), provided the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The customer can make the payment using the payment methods offered, e.g. Transfer, make PayPal.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment.
Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
Prices and shipping costs
(1) All prices stated on the website of the provider include the applicable statutory sales tax.
Warranty for defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items supplied by the provider is 12 months.
(1) Claims by the customer for damages are excluded. This does not include claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of the provider, his legal representatives or vicarious agents , Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Information on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use customer data and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, excluding UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will be ineffective.