GENERAL TERMS & CONDITIONS
Our B2B customers can access the general terms and conditions for B2B customers here
(Last update on 01.06.2020)
4565 Inzersdorf im Kremstal
Tel: +43 (0) 7582/81313-0
Fax: +43 (0) 7582/81313-17
Information, data information and complaints at: [email protected]
Commercial register: FN428459m Commercial and district court Steyr
Member of the WKO, Trade Section
Eori No. ATEOS1000066168
Place of performance: Inzersdorf
Place of jurisdiction: Commercial and district court Steyr
Regulatory Affairs: District Court Kirchdorf a. d. Krems
Legal regulations: Trade regulations (www.ris.bka.gv.at)
Trade name: Commercial Trade
Managing Director: Matthew White,
Address, postal code, city: see above address
Retail type: Trade with model making articles and accessories
1. SCOPE OF APPLICATION
The general terms and conditions apply to the sale and delivery of goods by Modellbau Lindinger in the version valid at the time of the respective conclusion of the contract. Deviating customer terms are only valid if Modellbau Lindinger has expressly agreed to this in writing. By placing an order, the customer agrees to these general terms and conditions and is bound to them.
The content of the contract, all other information, customer service, data information and complaint handling are offered in German language.
Electronic communication: You agree that contract-related communication can be made in electronic form.
Modellbau Lindinger only concludes contracts with customers who are legal entities or natural persons who have reached the age of 18.
An order exists only after successful registration (with or without a customer account).For further orders it is sufficient to enter the login (user name) and password specified by the user during initial registration.
The customer's order by pressing the button "order subject to payment" represents a binding offer to conclude a sales contract. The subsequent confirmation of receipt of the order and any subsequent status reports sent by Modellbau Lindinger do not constitute acceptance of the offer. The contract of sale is only concluded as soon as Modellbau Lindinger has delivered the ordered goods and confirmed the dispatch to the customer, at the latest however within 7 days, unless the customer receives any other information.
4. RETURNS | RIGHT OF WITHDRAWAL
Please go to our Returns website.
5. LACK OF AVAILABILITY OF GOODS
Should Modellbau Lindinger determine after receipt of the order that the ordered goods are no longer available at Modellbau Lindinger, Modellbau Lindinger can offer the customer goods of similar quality and price. In this case, the customer is not obliged to accept the goods and he does not have to bear the costs of the return.
The same applies in the event that a part of the ordered goods should not be in stock.
Unless otherwise stated, all prices and daily gross prices are "ex works". Prices for the goods and services offered at http://www.robbe.com do not include costs charged by third parties. The invoicing is in Euro.
Delivery is ex works Inzersdorf. For delivery costs and conditions, please refer to the shipping and payment conditions at http://www.robbe.com. If not all ordered items are immediately available, the customer has the choice whether the immediately available items are delivered immediately and others as soon as they are available will be delivered subsequently (= partial delivery) or whether all ordered items should be shipped at once as soon as all ordered items are available (= total or complete delivery). The shipping costs will be charged extra. The delivery is carried out by the Austrian Postal Service, DHL or by GLS. Goods, which may not be shipped due to their nature (e.g. dangerous goods), are available for pickup at Modellbau Lindinger GmbH, Industriestrasse 10, 4565 Inzersdorf im Kremstal, Austria.
In the case of dispatch of the goods, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party determined by the consumer and different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by us, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.
The dispatch of dangerous goods in limited quantity (Limited Quantity / LQ), takes place into the countries permitted by our contractual partners. If the dispatch of certain goods to the country of the contractual partner is not permitted, Modellbau Lindinger reserves the right to withdraw from the contract if necessary. The shipment of dangerous goods (e.g. Lithium Ion Batteries over 100Wh, ...) is at present exclusively within Austria and Germany via GLS. The return of dangerous goods is not possible. In case of forwarding the costs are at the expense of the customer. Returns of defective goods will only be accepted if delivered by the post office. The maximum dimensions of the respective countries apply. In the case of a delivery consisting of several parcels, parcel labels for each individual parcel must be prepared and enclosed for customs clearance. This delivery fee in the destination country is due per parcel. Please note that we can only provide our normal commercial invoice. Data such as customs tariff number, certificates of origin and the like are not provided.
If goods with obvious transport damages are delivered, please complain such errors immediately to the deliverer and contact Modellbau Lindinger as soon as possible. An omission of a complaint or establishment of contact has no consequences on the legal guarantee claims of consumers and serves only to support the offerer to make its claims valid opposite the enterprise assigned the distribution of the commodity and/or the insurance.
For deliveries outside the EU you can inquire about the customs costs at the customs office.
8. DELIVERY TIME
Delivery is normally made within 5 working days from the order confirmation, but in any case within a delivery period of 30 days from the order date, provided the goods are available and nothing else has been agreed.
9. PRICES AND TERMS OF PAYMENT
The prices stated in the "shopping cart" at the time of ordering shall apply. The prices are all-inclusive prices, i.e. including the statutory value added tax applicable at the time. Deviating from this, for our customers from non-EU countries all prices in the shop are net prices and contain neither the legal Austrian VAT nor the respective VAT of the destination country. Any value-added tax that may be incurred will be paid to the company responsible in accordance with the country regulations, upon delivery or collection by the customer.
In the case of purchase on account, the purchase price is due immediately upon receipt of the goods, but at the latest within 10 days of receipt of the goods. The place of performance for payment is the place of business of Modellbau Lindinger.
In the case of payment by cash on delivery, the purchase price is due and payable immediately upon receipt of the goods.
In case of payment by credit card, the purchase price is due from the time of dispatch of the goods.
The delivery on account over €150 is possible for regular customers in Germany and Germany with positive creditworthiness. There will be an internal credit limit check based on creditworthiness, turnover and payment behaviour. In addition, payment by cash on delivery is possible. In the case of payment by cash on delivery, additional shipping costs are possible and must be paid by the customer.
However, Modellbau Lindinger reserves the right not to accept credit card payments. We accept EuroCard / MasterCard and Visa. For credit card payments an encoded transmission - SSL-encryption - which corresponds to the current state of the art is made possible, whereby your data is protected against unauthorized access by third parties. The debit of the payment will be effected only with the date of the shipment of the goods. Claims of a customer against Modellbau Lindinger may not be assigned in the absence of explicit written consent. Justified complaints do not entitle to the return of the whole, but only a certain part of the invoice amount.
10. PROMOTION VOUCHERS
Validity of promotion vouchers:
Promotional vouchers can only be redeemed for a limited time and always lose their validity as stated in the terms and conditions of the respective promotion. An extension of the promotion period is not possible. Unused promotion vouchers as well as remaining credits expire on the specified date. Cash payments and retroactive crediting of previously placed orders are not possible.
Minimum order value for promotion vouchers:
If a minimum order value is required for a promotion, this applies, unless otherwise stated, only to goods in stock. Possible fees for shipping or transport insurance will not be credited against the minimum order value. Gift vouchers and insurance are generally exempt for the minimum order value.
Validity of promotion vouchers for returns:
Please note for returns that the validity of a promotion voucher expires if the minimum order value is no longer reached. If you return articles during a promotion for which a minimum order value was valid and subsequently fall below this minimum order value, the promotion voucher cannot be credited. As soon as the "keep value" (order value minus the value of the goods returned) is less than the minimum order value that was specified for the validity of the promotion voucher, your entitlement to the promotion voucher also expires.
There is no claim for replacement of a promotion voucher.
11. RETENTION OF TITLE
The goods remain the property of Modellbau Lindinger until the ordered goods have been paid for in full. Before complete payment of the goods, the customer is forbidden to use the goods, to transfer ownership by way of security or to grant third parties other rights to the goods.
12. WARRANTY & GUARANTEE
Modellbau Lindinger guarantees that the products are free of defects at the time of transfer of risk.
The duration of the guarantee is two years.
In case of material and manufacturing defects and transport damage, the customer is obliged to report these defects to Modellbau Lindinger as soon as possible.
In the case of a defect, the customer can choose to demand either the removal of the defect / improvement or the delivery of a defect-free item / replacement. Modellbau Lindinger can refuse the type of supplementary performance / primary warranty remedies chosen by the customer if this is only possible at disproportionate cost. If the rectification of the defect is not successful, the customer is entitled to demand the delivery of a faultless item or to reduce the purchase price or to withdraw from the contract or to change it. With regard to any claims for damages due to defects in the item, the statutory provisions shall apply.
Any warranty is subject to the terms of the respective manufacturer of the goods and, if applicable, is described in the warranty card enclosed with the product.
Modellbau Lindinger is only liable in cases of intent and gross negligence. In the case of culpable damage to life, health or body, in the case of culpable violation of main contractual obligations or in the case of fraudulent deception, as well as in the case of a claim for compensation, Modellbau Lindinger is liable to the legal extent.
14. COST ESTIMATES
The preparation of cost estimates for repairs may incur costs.
These will be charged to the customer if the customer decides not to accept the cost estimate.
However, cost estimates are generally not binding.
15. CHOICE OF LAW
For disputes arising from this contract, the company headquarters of Modellbau Lindinger is agreed as the place of jurisdiction if the contractual partners are entrepreneurs.
If the contractual partner is a consumer, he can bring an action against Modellbau Lindinger either in Austria or in the courts of the contractual state, in whose territory he has his residence. If the customer has his domicile or usual place of residence in Austria at the time of the conclusion of the contract, legal action can be taken before Austrian courts.
In all cases the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
16. PLACE OF PERFORMANCE
Place of performance for all deliveries and services as well as payments from the contract is the registered office of Modellbau Lindinger.
All news, graphics and design of the website of Modellbau Lindinger serve exclusively for the information of our customers. The use is at your own risk. All data of this offer enjoy copyright protection.
The reproduction, copying and printing of the whole website is only allowed for the purpose of ordering at Modellbau Lindinger. Each treatment, duplication, spreading and/or public reproduction going beyond that represents an excess of the usual use and requires the previous agreement by Modellbau Lindinger.
18. DATA PROTECTION
Our employees are subject to the secrecy obligations of the Data Protection Act. Even the mere fact of an exchange of messages that has taken place is subject to the obligation of secrecy. However, routing and domain information must and may be passed on.
The customer acknowledges that the use of the customer data listed in the contract will be stored and processed for the purposes of our accounting and customer service. The data will be used by us to comply with the statutory provisions for the processing of payment transactions.
19. CONCILIATION OFFICE
We commit ourselves to participate in the arbitration procedure of the Internet Ombudsman in case of disputes:
For more information on the types of proceedings, please visit www.ombudsmann.at or refer to the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for alternative dispute resolution under the AStG (AStG conciliation procedure):
Guidelines for the conciliation procedure with the Internet Ombudsman outside the scope of the AStG (standard procedure):
The OS platform can also be used for the settlement of disputes with our company: http://ec.europa.eu/consumers/odr/
20. SEVERABILITY CLAUSE
Should any provision of this agreement be invalid in whole or in part or lose its legal validity later, the remaining provisions shall not be affected thereby. Instead of the invalid provision, the statutory provisions shall apply.
21. NOTES ON THE RETURN OF PACKAGING AND BATTERIES AND/OR ACCUMULATORS FOR GERMANY
In accordance with § 18 of the law about the marketing, the return and the environmentally friendly disposal of batteries and accumulators, we point out the following: Batteries and accumulators may not be disposed of in the household waste. You are legally obliged to return empty or used batteries and accumulators and to recycle them in this way. You can return them after use free of charge to a municipal collection point. Batteries containing harmful substances to which the obligation to return applies are marked with a sign consisting of a crossed-out wheeled bin. Underneath it is the chemical symbol of the heavy metal that is decisive for the classification as containing harmful substances. Cd stands for cadmium, Hg for mercury, Pb for Blie, Li-Ion for lithium ion, Li-Poly for lithium polymer.
22. PRINTING ERRORS
If Modellbau Lindinger GmbH should subsequently determine that product details are faulty, the customer can confirm the order again under the valid conditions expressly in writing or implied by payment of the prescribed price. Otherwise, Modellbau Lindinger GmbH is entitled to withdraw from the contract immediately, should a contract acceptance have already taken place. Excluded in this case are claims for damages, whereby intent and personal injury are excluded.