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Our General Terms and Conditions

1. Scope of Validity and Contractual Partner
2. Contract
3. Prices
4. Shipping Fee
5. Delivery Conditions and Reservation of Self-Supply
6. Payment Conditions
7. Reservation of Proprietary Rights
8. Revocation
9. Damage during Transport
10. Warranty
11. Final Provisions
 
General Terms and Conditions
(with legal information)
 
1. Scope of Validity
 
The following General Terms and Conditions apply to all deliveries of goods to customers of
MIKADO Model Helicopters GmbH, Graf-von-Schwerin-Str. 40, 14469 Potsdam, Germany
CEO Ralf Buxnowitz, registered at the local court in Potsdam HRB 22992 P
 (henceforth: Mikado)
Contact information:
Mon to Fri 9 a.m.  to 12 a.m. and 2 p.m to 7 p.m.
Phone: +49 331 23749-0
Email:
info@mikado-heli.de
 
2. Contract
 
2.1 The display of the products in Mikado's represents the range of products which are offered for sale.  By clicking the button “Purchase”, you provide us with a legally binding order of the products listed.  We sell only to consumers and for private use.  All offers are subject to availability, if not stated otherwise. Errors and omissions expected.
 
2.2 We may accept your order within 14 days by sending you an order confirmation by email, or by shipping the ordered goods within 14 days. The mere confirmation of receipt of the order does not constitute an acceptance of the order.
 
2.3 Should our order confirmation contain any typological errors or should prices be misrepresented due to technical error, we are permitted to avoid the confirmation. In this case the burden of proving the error is on us. Any payments which we may already have received, in relation to the order, will be returned to you immediately.
 
3. Prices
 
The prices for consumers stated on the website contain the statutory value-added tax (VAT) and any other price components. They do not include fees for shipping, insurance, and payment. The prices for business customers are excluding the statutory VAT and excluding fees for shipping, insurance and payment.
 
4. Shipping Fees
 
4.1 Shipping fees vary with the place of delivery, the chosen shipping method and the goods ordered.  Listed with each item in our shop, and when viewing the shopping cart,  you can see the shipping fees and their conditions. Some products require a surcharge for shipping. In this case the surcharge is listed with the product.  Before checking out, you will see a summary of all shipping fees incurred with the order. Any cost for insurance will also be mentioned there, as well as next to the product offer.
 
4.2  For COD (cash on delivery) shipments, there will be an extra fee in the amount of 2 EUR,  which is charged by the
shipper at the place of delivery. No further cost or taxes will be charged.
 
5. Delivery Conditions and Reservation of Self-Supply
 
5.1 Orders are shipped in accordance with the shipping method chosen by you and with the shipper associated with this method.
 
5.2 The delivery period is stated next to the product in the shop.
 
5.3  If not all ordered items are available we are entitled to several partial shipments, in so far as it is reasonable for the customer.
 
5.4 If delivery fails after three attempts, we are entitled to withdraw from the contract. Any payments already made in
respect to that order are returned immediately.
 
5.5  If an item is unavailable because we were not supplied by our contractors in time without fault of our own, we are entitled to withdraw from the contract.  In this case, we will inform you immediately and, if possible, suggest a comparable item. If no comparable item is available, or you do not wish the delivery of such comparable item, we
 
6. Payment Conditions
 
6.1 Payment is to be made in accordance with the chosen payment method.
 
6.2 If you chose the option "advance payment", we notify you of our bank details in the order confirmation. The invoice amount is to be paid by you to the stated bank account within 10 days. In the case of payment by credit card or by direct debit your account will be charged at the time when the goods are shipped. In the case of payment by automatic debit transfer (Sofortüberweisung), and Paypal the payment is incurred at the time of sending the order.
 
6.3 If you are in default of payment, you have to pay 5% interest on top of the invoiced amount. We reserve the right to prove and claim an even higher amount of default damage.
 
6.4 In the case of payment by direct debit you are obliged to bear any cost incurred in the case that the transaction is returned as a result of a lack of funds or as a result of stating incorrect account information.
 
6.5 The right to set off can be exercised by you only when your counterclaim has been finally and definitively imposed, or is undisputed or accepted by us in written form.
 
6.6 You may exercise the right of retention only to the extent that this right results from the same contractual relation.
 
7. Reservation of Proprietary Rights
 
The delivered goods remain property of Mikado until full payment  of all outstanding claims of the contractual agreement have been received.  Until then, the delivered goods may not be pledged as security or lien, and they may not be worked on or modified without our consent.
 
8. Right of Revocation
 
8.1 Consumers have the right of cancellation – in accordance with § 13 of the German Civil Court (BGB).

Only consumers have the following right of of revocation:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (MIKADO Model Helicopters GmbH , Graf-von-Schwerin-Str. 40, DE 14469 Potsdam, Phone +49 331 23749-0, Email info@mikado-heli.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 
8.2 You will find model withdrawal form at the very end of these General Terms and Conditions.
 
8.3 Excluded from the Right of Revocation are goods which have been specifically made following customer's specifications, or which have been tailored around a customer's needs or goods which have been unsealed (i.e. audio, video or software materials). Also excluded from the Right of Revocation are any data or software which you have received or collected via download from us.
 
8.4 You must avoid any damages and contamination of the goods. Return the goods in their original packaging including all additional equipment, and with all pieces of the packaging. If necessary,  use additional outer packaging for protection. If you no longer have the original packaging please ensure that you provide suitable packaging with sufficient protection against any potential transport damages.
 
8.5 Please return the goods via recorded, insured delivery and keep the receipt.
 
8.6 The terms mentioned under 8.2,  8.3 and 8.4  are not a condition for the effective exercise of the Right of Revocation.
 
9. Damage during Transport
 
9.1 Should items be delivered which have obviously been damaged during transport, you must make a complaint with the shipper immediately, and inform us about the damage by phone or email.
 
9.2. If you do not complain with the shipper and do not inform us, this is without legal consequence. However, you will help us to assert our claims with the shipper and/or the insurance company.
 
10. Warranty
 
Warranty applies subsequent to legal requirements. All claims made within the statutory two-year period of warranty you have an entitlement to subsequent performance (you may choose between repair or replacement of the product). If statutory conditions are met you have the right to demand a reduction of the purchase price or withdrawal from the contract, and potentially to claim damages. You are obliged to allow for two attempts of subsequent performance, unless you have already stated a reasonable grace period to perform, which has lapsed. If the method of subsequent performance chosen by you is possible only by incurring unreasonable cost, your entitlement for subsequent performance is restricted to other methods.
 
10.1 We assume no liability for damages or defects which result from improper use, operation or storage, negligent care or maintenance, from overstraining the item in question, or form incorrect repair by a non-authorized service partner.
 
10.2 If you wish to have a product repaired or exchanged, please send it back. You may request a pre-paid address label by email or phone. We are not obliged to provide such pre-paid address label.
 
11. Liability
 
We rule out accepting liability for breaches of our obligations due to slight negligence to the extent these breaches do not affect obligations to deliver, damages from injury to life, body or health, or guarantees pertaining to the law of product liability. The same applies to any breaches of obligations by any of our employees, agents or representatives.
In any case, liability is limited – to the extent that it is statutorily possible – to the typical and expected damage. Any liability for damages caused by the delivered goods to property of the customer is excluded.
We cannot be held liable for any consequential damage which is caused during operation of our products, as proper operation cannot be monitored by us.
 
12. Final Provisions
 
12.1 If parts of these General Terms and Conditions are held to be illegal or otherwise unenforceable, the contract is still valid. The unenforceable clause is to be replaced by a clause that is enforceable and statutory, and serves the same purpose as the original clause.
 
12.2  These General Terms and Conditions are subject to German law.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To

MIKADO Model Helicopters GmbH

Graf-von-Schwerin-Str. 40
DE 14469 Potsdam


Email: info@mikado-heli.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

____________________________________________________________

____________________________________________________________

 

Ordered on _________________ (*)/received on (*) _________________

 

Name of consumer(s) ___________________________________

Address of consumer(s)

_______________________________________________

_______________________________________________

_______________________________________________

 

Date ___________________

Signature of consumer(s)
(only if this form is notified on paper) ____________________________

 

(*) Delete as appropriate.


More information

Identity of the seller

MIKADO Model Helicopters GmbH
Graf-von-Schwerin-Str. 40
DE 14469 Potsdam
Phone: +49 331 23749-0
Email: info@mikado-heli.de

Ordering process

Products you can put obligation by clicking the buttons in the cart. The contents of the basket can be at any time by clicking on the "To shopping cart / Checkout now". The products can be at any time by clicking the button or by entering the quantity 0 in the quantity field of the shopping cart position again remove from the cart. If you want to buy the products in your cart, click "Checkout now" button.
Please then enter your data. The mandatory fields are marked with a *. Your data is encrypted for transmission.
After entering your data, select the payment method and time of delivery will take you to the order page where you can check your entries again. By clicking the "Purchase" you complete the ordering process. The process can be interrupted at any time by closing the browser window. On the individual pages for more information, such as to corrections.

Contract text

The contract text is stored on our internal systems. The general terms and conditions, you may at any time on this page. The order information will be sent to you via e-mail. Your last order data can be found in our customer login area.