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General Terms and Conditions
(As of February 6th, 2017)

1. Scope

The following terms and conditions apply to all orders via our online shop.

2. Contract partner, conclusion of contract

The contract is made with Modellsport Schweighofer GmbH, Wirtschaftspark 9, 8530 Deutschlandsberg, Austria.

The presentation of the products in our 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 before sending your binding order at any time by using the order process and explained correction aids. By clicking on the order form you make a binding order of the goods contained in the shopping basket and accept the general terms and conditions. Our automatic dispatch receipt confirmations confirm that your order has been received by us, but do not represent acceptance of your offer. A contract comes into existence only through our explicit declaration of acceptance.

You are obligated to complete the fields (or details) provided in the order form completely and truthfully.
Once the order has been completed by clicking on the order button "purchase now", the order can no longer be changed. You can claim your right of withdrawal (see point 4).
The confirmation of the receipt of your order is made by e-mail immediately after sending the order.

3. Place of performance

Place of performance is Modellsport Schweighofer GmbH, Wirtschaftspark 9, 8530 Deutschlandsberg, Austria.

4. Right of Withrawal

You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the carrier, have taken possession of the goods (or, if several goods have been delivered separately, the last goods).

To exercise your right of revocation, you have to inform us (Modellsport Schweighofer GmbH, Wirtschaftpark 9, 8530 Deutschlandsberg, Austria, ruecktritt@der-schweighofer.at) by means of a clear statement (eg. a letter, facsimile or e-mai) about your decision to revoke this contract. You can use the attached sample revocation form, which is not obligated.
In order to comply with the revocation period, it is sufficient that you send the notice of exercising the right of revocation before the end of the revocation period to the following address:

Modellsport Schweighofer GmbH
Wirtschaftspark 9
A-8530 Deutschlandsberg
Austria

E-Mail: ruecktritt@der-schweighofer.at

Consequences of revocation

  1. If you revoke this contract, we will have to pay you back all payments we have received from you, including the shipping costs (except for any additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
  2. In the case of purchase contracts where we have not expressly offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods or until you have proven that you have returned the goods, whichever is earlier.
  3. You have to bear the direct costs of the return.
  4. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a need not to deal with the nature, characteristics and mode of operation of the goods.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

  1. Contracts for the supply of goods which are not prefabricated and whose production is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer,
  2. Contracts for the supply of sealed goods which are not suitable for return on grounds of health or hygiene, if their seal has been removed after delivery,
  3. Contracts for the supply of goods, if these have been inseparably mixed with other goods after delivery,
  4. Contracts for the supply of sound or video recordings or computer software in a sealed package when the seal has been removed after delivery,
  5. Contracts for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts.

Also excluded from the return are dangerous goods or used goods (e.g. demonstrators with usage traces).

Right of Withrdrawal - Services (Insurances)

You have the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (Modellsport Schweighofer GmbH, Wirtschaftpark 9, 8530 Deutschlandsberg, Austria, ruecktritt@der-schweighofer.at) of your decision to revoke this agreement by means of a clear statement (eg a letter, fax or e-mail).

You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

  1. If you revoke this agreement, we will pay you back all the payments we have received from you, including the costs of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
  2. If you have requested that the services be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contract comparison with the total scope of the services provided for in the contract.

5. Contranct language, contractual storage

The language available for the contract is German.

We store the contract text and send you the order data by e-mail. You can also view and download the terms and conditions on this page at any time. You can view your past orders in our customer login.

 

6. Delivery

In addition to the indicated product prices shipping costs are added. You can find out more about shipping costs on the shipping costs page or in the ordering process. You can choose your desired delivery address as delivery type. The shipping costs, which are indicated in the webshop with the goods and the payment of the goods, are to be carried by you.

You are entitled to pick up at
- Modellport Schweighofer GbmH, Wirtschaftspark 9, 8530 Deutschlandsberg, Austria at the following business hours: Monday 10 am-6pm, Wednesday to Friday 10 am-6pm, Saturday 9 am- 12.00 pm,
- or at Modellport Schweighofer GmbH, Laxenburgerstraße 88, 1100 Wien to the following business hours: Monday to Friday: 10: 00-18: 30 and Saturday: 09: 00-12: 30.

The dispatch of dangerous goods in a limited quantity takes place in countries authorized by our contractual partners. If the dispatch of certain goods to the country of the contract partner is not permitted, Modellsport Schweighofer reserves the right to withdraw from the contract. The dispatch of dangerous goods (for example, lithium ion batteries above 100Wh, ...) is currently carried out exclusively to Austria and Germany via GLS. The return of dangerous goods is not possible.

SUSPENSION OF THE "FREE SHIPPING" BORDER
In the case of returns, we reserve the right to charge the standard shipping fee if the value of the order minus the return is less than the shipping fee limit.

Missing or damaged parcels should be replied immediately to your local post office or delivery service as there is no replacement claim afterwards.

Please note that in the case of refusal or non-acceptance, the resulting costs will be charged to you.

For deliveries outside the EU, you can ask the customs costs at the customs office.

7. Payment

All prices on this website are in Euro. Packaging and shipping costs, if any, are calculated and reported separately.

The payment types available to you, are displayed at the end of the purchase process, eg. Payment by credit card, PayPal, immediate transfer, cash in advance, cash on delivery. We reserve the right to restrict the selection of payment methods.
The data entered will not be stored with us, but possibly with the respective payment provider.
A combination of Schweighofer vouchers and other payment methods (such as credit cards, PayPal, direct transfer) as well as payment with multiple vouchers is possible.

In case of delayed payment, we may demand interest at a rate of 12% p. a., subject to assertion of higher damages caused by delayed performance. In addition, the customer undertakes to replace the collection, collection and exploration costs of third parties (in particular of lawyers), insofar as these costs served the purpose of appropriate law enforcement. We would like to point out that in the event of the involvement of a lawyer, the costs of the lawyer plus the statutory value-added tax, that offices up to the level specified by the Federal Ministry of Economic Affairs for collection offices.

Any repayment made by you will be made by the means of payment that you used during your order.

The following payment methods are available in our shop:

Payment in Advance
If you choose the payment method payment in advance we will state our bank account in separate e-mail and deliver the goods after payment received.

Credit Card
By submitting your order you also submit your credit card details.
After your legitimation as a legal cardholder, we request your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is automatically carried out by the credit card company and your card is debited.

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or make a registration, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process.
The payment transaction is automatically carried out by PayPal immediately afterwards.

SOFORT Überweisung - Immediate Transfer
After submitting the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via immediate transfer, you must have an online banking account activated with PIN / TAN procedures, authorized to participate in immediate transfer, appropriately legitimate and confirm payment instructions to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SOFORT Überweisung and your account is debited.

Cash on delivery
You pay the purchase price directly at the deliverer. The costs are 3,95 Euro in addition to the basic shipping costs. Please note that in the case of refusal or non-acceptance, the resulting costs will be charged to you.

Instalment
We offer in cooperation with the online service Santander Consumer Bank the possibility of a payment via instalment. This payment method is only possible on demand. Diese Zahlungsart ist nur auf Anfrage möglich. The prerequisite is a successful address and credit assessment. Regarding the processing, the terms and conditions of Santander Consumer Bank apply additionally to ours. More information and the full terms of Santander Consumer Bank for instalment your can find here: https://www.santanderconsumer.at/ueber-uns/agb

Further payment methods:
Should none of the methods stated above be an option for you, there is always the possibility of contacting us about an alternative payment method. Starting from an order value of 600 Euros and shipping to Austria or Germany, we offer payment via invoice or direct debit for existing customers. If you wish to pay your order with one of the stated payment types, please write an e-mail to buchhaltung@der-schweighofer.at.

8. retention of title

The goods remain our property until full payment.

9. Warranty and Guarantees

If you wish to make warranty claims, you can send the affected product to the following address:

Modellsport Schweighofer GmbH
Wirtschaftspark 9
A-8530 Deutschlandsberg
Austria

E-Mail: info@der-schweighofer.at

Please note that acceptance does not entail acknowledgment of warranty claims, but requires separate verification. You will be informed of their results within a reasonable time by the respective service center.


Unless expressly agreed otherwise, the statutory right of non-liability shall apply.
The limitation period for claims for defects in the case of used goods shall be one year from delivery of the goods.
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

  1. In case of injury to life, body or health,
  2. In case of intentional or grossly negligent breach of duty as well as fraudulent intent,
  3. In the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  4. In the context of a guarantee promise, if agreed or
  5. 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 onlineshop.

Customer service: You can reach our customer service for questions, complaints and reclamations on working days from 9 am to 6 pm by e-mail at info@der-schweighofer.at.

10. Liability

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

  1. In case of injury to life, body or health,
  2. In case of intentional or grossly negligent breach of duty,
  3. In case of warranty, as agreed, or
  4. As long as the scope of the Product Liability Act is in force.

In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper implementation of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.

11. Code of conduct

We have submitted the following codes of conduct: Trusted Shops Qualitätskriterien

12. Dispute resolution

We undertake to take part in the arbitration proceedings of the Internet Ombudsman in disputes:

www.ombudsmann.at
Internet Ombudsmann 
Margaretenstraße 70/2/10 
A-1050 Wien

Further information on the procedures under www.ombudsmann.at

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