General terms and conditions

§ 1 Scope of this directive

For business relationships with the customer are considered in orders via the Internet exclusively by the following general terms and conditions in the valid version. You should carefully review the privacy statements and other conditions of use. If you visit or shop at model-lights.com, you accept these conditions.

In the event of any conflict between the terms and conditions, these shall apply in the following order:

  1. Special Terms and Conditions of the individual services;
  2. The General Terms and Conditions;
  3. Legal provisions

§ 2 Conclusion of contract

The contract for an order in our Internetshop following regulations apply:

a) The presentation of our goods do not constitute a binding offer on our part. A binding offer does not exist until you order goods (§ 145 German Civil Code). A contract with us is concluded when we either accept and confirm your purchase order by e-mail or ship the goods to your address. For potential errors in the details of the assortment on our website, we will inform the customer separately and give him a corresponding offer. In the event the goods you ordered are unavailable, we reserve the right to refuse the contract.

b) The Customer waives access a notification of acceptance, § 151 P. 1 German Civil Code. The contract is concluded with us, if we offer the customers within ten days in text written or accept or the ordered items or the customer does prepayment as chosen method of payment.


§ 3 Delivery, shipping, transfer of risk

The prices quoted are final retail prices, including sales taxes. The shipping and handling charges will be treated and shown as separate items on the invoice. The mode of payment is shown on the applicable purchase order form. If the client is a consumer, we contribute regardless the risk of the shipping in every case. f the customer is a contractor, all risks and dangers of delivery is transferred to the customer, when the items are handed over to the carrier.


§ 4 Reservation of ownership

Model-lights OHG retains ownership of all goods delivered to a customer until the delivered goods have been paid definitely and in full. If model-ligths OHG exchanges a product under warranty, the parties agree already today that ownership of such exchanged goods shall pass back to model-ligths OHG or to the customer when either the customer returns the goods to model-lights OHG or when the Customer receives the exchanged goods from model-lights OHG.


§ 5 Warranty

a) model-lights OHG warrants at the time of delivery, the goods' nature is according to what has been agreed upon or free of material faults, i.e. they suit their intended use for the purpose specified in the contract or suit their usual use and provide a nature, which is customary for similar products and which the seller may expect from the product in general and/or the announcement of model-lights OHG or the manufacturer. The statutory provisions under § 434(2) and (3) German Civil Code also apply.

b) If it is a B2B deal of § 343 HGB, § 377 HGB is valid.

c) The warranty period shall be a period of two years for new items after the goods are delivered to the customer. The warranty period shall be a period of one year for used goods, if the customer is a consumer. The warranty of used goods is excluded, if the customer is a dealer. § 478 German Civil Code remains unaffected.

d) On receiving the consignment, the customer shall examine the goods in order to ensure that they are complete and that there are no defects. This examination shall be effected as soon as possible, however no later than within two weeks of receipt. Should a loss or defect be ascertained, the customer shall immediately serve a notice of defect. In the case of hidden defects, the notice shall be served immediately after the hidden defect has been ascertained, however before the date on which the warranty expires. The statutory provisions under § 434 ff., 475(1) German Civil Code also apply.

e) Warranty claims presuppose that the defect has not been caused by misuse or overstraining. If a defect appears only later than 6 months after delivery, the Customer must furnish proof that the product was defective upon passage of risk. Otherwise, Conrad Electronic SE is entitled to furnish proof that the product was free of defects at the time of delivery.

f) In the case of defective goods, the customer is entitled to claim at his discretion either the removal of the defective part or delivery of a product which is free of defects, according to § 439 German Civil Code. Conrad Electronic SE is entitled to refuse the kind of replacement chosen by the customer according to § 439, if the kind of replacement requires unreasonable expense. If a defect can not be repaired after two attempts, the customer shall be entitled to claim the delivery of a product which is free of defects or a price reduction or to rescind the contract, according to § 439 German Civil Code. The customer shall not be entitled to rescind the contract, if the defect is minor and immaterial. § 437 German Civil Code also applies.

g) The statutory provision apply with regard to any compensation claims for defective goods.


§ 6 Customer Information

We are not under any codes of conduct.Please refer to the product descriptions available from our Internet site for the significant characteristics of the goods we offer and the availability of offers that are valid only for a limited period of time.
The contract may be concluded using German language document version.
The purchase order form is displayed to the customer before it is submitted and the customer may make corrections, if necessary.
Complaints should be directed to our address indicated in the Terms and Conditions of Use.
model-ligths OHG reserve the right to make changes to our site, policies, and these General Terms and Conditions at any time.


§ 7 Right of withdrawal

If your order as a consumer (i.e. as a natural person for a purpose that is neither commercial nor can be attributed to self-employment following the Civil Code § 13), you can withdraw your order without giving any reasons, just by statement by fax, e-mail, simple letter or by returning our goods. The withdrawal must take place within a period of 14 days, which starts with the delivery of our goods, however no earlier than the time at which this information is received. The timely dispatch of the withdrawal or of the goods is deemed to be sufficient evidence that the withdrawal deadline has been observed.


The withdrawal shall be sent to the following:

Address: model-lights oHG
Department returning items
Sophienweg 37

D-46483 Wesel
Germay
Fax: 0281- 22631
E-Mail: service@model-lights.com


When do you have no right of withdrawal?

After the 14-day cancellation period, that begins with the delivery, your order may not be withdrawn without reason. The posibility of withdrawal, also within the time limit, is not given in the following cases:



  • Image, sound and data carriers, CDs, DVDs, software, insofar as the seal is broken or they were downloaded online;

  • Newspapers, magazines and pictorials;

  • Goods which were manufactured in accordance with customer specifications or which are clearly tailored to meet the customer’s personal needs;

  • Books, insofar as the protective covering has been opened or they were downloaded online;

  • Goods which were configured from standard components in accordance with customer specifications, e.g. individually configured computers or hardware with/without software installations, as soon as these are used or put into operation;

  • Kits built up by the Customer or such parts that have already been installed by the Customer;

  • Batteries, accumulators, cables, lighting, semiconductors, insofar as the seal or packaging has been opened;

  • Piece goods, expendables

  • Special orders placed by the customer, e.g. spare parts ordered especially for the customer, etc.


Consequences of withdrawal

After the revocation has taken place, our product has to be returned immediately at our expense and risk, if the revocation is not already exercised by returning. If the customer is unable to return some or all of the goods received, or if the condition of the goods has deteriorated, the customer shall indemnify the seller if and insofar as this is necessary. This does not apply if the deterioration of the goods is solely the result of examination, such as the customer would have been able to make in a shop. Otherwise, the customer can avoid entering into an obligation to indemnify the seller by abstaining from using the goods as an owner would and by refraining from any activity which may decrease the value of the goods.

Please use the the original or any other appropriate packaging. If the goods were not sent by parcel, plaese let us know, we will have the them collected. In case of the goods being of value under € 40,00, you will have to bear the cost of returning. In case the delivered goods do not correspond to your order, you can return the goods at no costs. This request shall be made within 14 days of receipt of the goods.


Financed transactions

If you already paid for the goods, we will revoke this for a refund immediately. If our goods are returned in a deteriorated, you are legally bound replace the value. The flat-rate replacement value is 15% of the value of goods. The replacement value to be payed if the original packaging is damaged, as these goods can no longer be sold as new after return. A value compensation is not payable, as far as our goods were tested, as it would be possible in a shop. On the other hand, significant traces of use can result in a replacement value that corresponds to the purchase price. If you consider a revocation, please limit yourself to an optical examination and do not take the goods in regular use.


Reimbursements

In the case of reimbursement, the amount can only be returned with a full statement of bank account (account holders, bank and account number) on the RMA-Form. For a foreign bank connection we also need the BIC / SWIFT code and the IBAN Code (In general, you can get this information from your bank)

Your right of withdrawal ist part of our conditions of use.

End of instructions regarding withdrawal


§ 8 Data protection

Your address has been stored in our EDP system for purposes of rapid and correct processing. The data thus stored shall be treated in compliance with the regulations laid down in the federal data protection act and in the teleservice data legislation. We reserve the right to entrust your data to other companies for the dispatch of informational material, insofar as this is admissible. Moreover, we reserve the right to use this data for our own promotional purposes. Should you not agree to this, simply send a short, informal notice to model-lights OHG. model-lights OHG will not assess or pass on customer data to other companies.


§ 9 Retention and set-off

The customer only has the right of retention, if his counter claims legally established or model-lights oHG agrees. It is in addition to exercise a right of retention only insofar as the customer's counter claim is a part of the same contract.


§ 10 Applicable Law

This legal relation between model-lights OHG and customers as well as the respective Terms and Conditions shall be governed by German Law. The application of the UN-Agreement on Contracts on the International Purchase of Goods of 11th April 1988 is excluded. The provisions of clause 10.1 leave binding provisions of the state's right, in which the Customer is resident, unaffected, if and as far as the Customer has entered into a purchase contract, which cannot be assigned to the customer's professional or commercial activity (consumer contract) and if the Customer has taken all legal action in the state of his usual residence which is necessary for the conclusion of a purchase contract.


§ 11 Limitation of Liability

In no event shall model-lights OHG be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by the customer or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site or any content provided on or through the site.


§ 12 Miscellaneous

The Customer is not entitled to set off or withhold any amount due to model-lights OHG, unless such claim is undisputed or determined by legally binding jurisdiction. The exclusive place of jurisdiction shall be Wesel or another legal place of jurisdiction at model-lights OHG's discretion, if the Customer is a businessman in the sense of the German Commercial Code or a corporation under public law.


§ 13 Participation in interseroh SE's waiver system

According to § 6 VerpackV we participate with interseroh SE, Cologne to fulfill our obligations of disposing of shipping packages. You will get more informationen under www.interseroh-gruppe.de


§ 14 Severability clause

If parts or complete individual provisions of this contract are not valid or if they lose their legal validity later, then this shall not affect the validity of the remaining contract.

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