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General Terms and Conditions
(with legal information)
- Scope of Validity
- Contractual Partners
- Offers and Contractual Agreement
- Right of Revocation
- Prices and Delivery Fees
- Delivery
- Payment
- Reservation of Proprietary Rights
- Warranty
General Terms and Conditions
1. Scope of Validity
The following General Terms and Conditions apply to all deliveries of goods to customers of Mikado Modellhubschrauber e.K. (henceforth: Mikado) (in accordance with para. 13 BGB, the German Civil Law).
2. Contractual Partners
The sales agreement is between Mikado Modellhubschrauber, Ralf Buxnowitz (Geschäftsführer), Friedrich-Klausing-Str. 2, D - 14469 Potsdam, Registered: Amtsgericht Potsdam HRA 2947 P. For general enquiries or complaints please contact our customer service team: Phone: +49 (0) 331/23749-0 (Mon through Fri: 9am to 12 a.m. and 2 p.m. to 5 p.m.) or Email: info@mikado-heli.de
3. Offers and Contractual Agreement
3.1 The display of the products in Mikado's online-shop is not a legally binding offer. Rather it represents the range of products which can be ordered. All offers are subject to availability, if not stated otherwise. Errors and omissions expected.
3.2 By clicking the button "Confirm order" you agree to the legally binding order of the products listed. The sales agreement is valid as soon as your order is confirmed by a confirmation email which is sent out shortly after the actual order has been made.
3.3 Orders may also be given by letter, fax, email or on the telephone. Orders are effective immediately. Orders are confirmed in writing (by email) by Mikado only if the order was made in the online shop. Mikado is not liable for any delays or defects in carrying out the order when an order is not conclusive or incorrect (this applies especially to orders which are not in writing). Any cost incurred when an order is modified must be born by customer. Any cost already incurred with Mikado will be charged to customer, with the addition of a processing fee in the amount of 10% of the value of the order.
4. Right of Revocation
4.1 Consumers have the right of cancellation - in accordance with § 13 of the German Civil Court (BGB).
Consumers only have the following legal right of revocation:
Information on right of revocation
Right of revocation
You may revoke this contract within 14 days, without giving any reasons, in writing (e.g. by letter, fax or email), or, if you have received the goods before the revocation period has lapsed, by sending back the goods.
The revocation period begins at the earliest when you receive this information on your right of revocation, but not earlier than when receiver has obtained the goods (in the case of recurring deliveries of similar goods not before the first partial delivery has been made), and not before our obligation to inform you in accordance with article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as been fulfilled as well as our obligations in accordance with § 312e paragraph 1 sentence 1 German Civil Code in connexion with article 246 § 3 EGBGB.
For keeping within the revocation period it is sufficient that you send off the revocation statement, or the goods themselves, within said period.
Your declaration of revocation is to be addressed to:
MIKADO Model Helicopters GmbH
Friedrich-Klausing-Str. 2
DE-14469 Potsdam
Authorized representative: Geschäftsführer Ralf Buxnowitz
Fax +49 331 23749-11
Email: info@mikado-heli.de
Consequences of revocation
In the case of an effective revocation, any service already performed, or item already handed over, is to be returned. Any benefit drawn from such service or item, such as interest rates, is to be returned.
If you cannot return the item you have received in whole and in undamaged condition, you are obliged to compensate for lost value.
Regarding goods in the possession of customer, this does not apply if the deterioration is due exclusively to inspection of the thing - as it would have been possible in a store.
You may avoid the obligation to compensate for any deterioration of the goods which has occurred by proper use of the goods by not treating the item as your own property, and by avoiding any treatment of the item which will affect its value.
Items which are suitable for mailing in a package are to be returned. The risk during transit is ours.
If the price of the goods to be sent back is not higher than 40 Euro, you are obliged to pay for the shipment cost incurred by the returned goods. You are also obliged to pay for the shipment cost incurred by the goods to be returned, if at the time of revocation you have not yet given full consideration or made a partial payment for said goods.
In all other cases, shipping is paid by the receiver.
If item is not suitable to be mailed as a package, it will be picked up from you.
Any obligation to reimburse an amount must be fulfilled within a period of 30 days.
The period begins at the time of mailing off your declaration of revocation or the goods themselves.
End of information on right of revocation |
4.2 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)
4.3 Avoid any damages and contamination of the goods. Return the goods in their original packaging including all additional equipment. If necessary, please use an alternative way of protective outer packaging. If you no longer have the original packaging please ensure that you provide suitable packaging with sufficient protection against any potential transport damages.
4.4 Please return the goods via recorded delivery and keep the receipt. We are glad to refund the delivery costs prior to the return of the goods, unless delivery must be paid by customer.
4.5 To expedite the processing of the goods to be returned, please contact us to arrange receipt of the returned item.
4.6 Keep in mind that the terms mentioned under 4.3, 4.4 and 4.5 are not a condition for the effective exercise of the Right of Revocation.
5. Prices and Delivery Fees
5.1 Prices stated in our online shop are in Euro, ex work Potsdam, unless agreed otherwise.
5.2 It is stated in the online shop whether the listed price contains German VAT or not.
5.3 The listed prices do not include the fee for delivery. This fee varies with the place of delivery, the chosen shipping method and the goods ordered. The different methods of shipping are displayed in the online shop, as well as their cost and conditions. The total shipping fees are listed explicitly in your shopping cart.
5.4 For COD (cash on delivery) shipments, there will be an extra fee which is charged by the shipper at the place of delivery.
5.5 Prices offered in business-to-business trade are listed excluding German VAT.
6. Delivery
6.1 Orders are shipped normally within three working days after the order has been made. If longer delivery times apply to certain goods, this will be mentioned on the product pages.
6.2 We state delivery times to the best of our knowledge. However, they are not a binding part of the purchase contract. We state delivery times under the assumption that we are supplied by our contractors in time. No damages can be claimed in the case of delayed or incomplete delivery, unless there is negligence or intent on the part of Mikado. We will inform you if the ordered item cannot be delivered on time. In such case you have the option to either wait for the product or cancel the order. If you decide to cancel the order, any payments already made will be reimbursed.
6.3 Expenses for packaging and delivery are born by customer. Customer also bears all risks of transport. Shipments are insured
- if shipped by Deutsche Post or DPD within Germany up to a value of 500 EUR per package.
- is shipped to foreign countries (except USA and GUS) per shipment up to a value of 5000 EUR.
7. Payment
7.1 Payment must be made in advance. Customers in Germany may arrange for COD or automatic debit transfer. Mikado has the right to refuse to agree to automatic debit transfer and demand advance payment.
Advance Payment
If you chose the option "advance payment", we notify you of our bank details in the order confirmation. After we have received the amount in our bank account:
account: Mikado
bank: Deutsche Bank Potsdam
IBAN: DE90 1207 0024 0322 9077 00
BIC: DEUTDEDB160
we will send your order to the delivery address stated by you. Should it be the case that by the time the amount is received, the goods are no longer available, we will notify you immediately.
Automatic Debit Transfer
If you have given Mikado permission to automatically debit your account, and Mikado has agreed to do so, we will debit your account on the day of delivery at the earliest. We will allow for a 3% cash discount.
7.2 The right of compensation applies only when the claims against us are legally justified or confirmed by us in writing.
7.3 The right of retention may be exercised only if customer's claims result from the same contractual agreement.
8. Reservation of proprietary rights
The delivered goods remain property of Mikado until full payments of all outstanding claims of the contractual agreement have been received. "Payment received" means that the amount is received in full in our bank account.
9. Warranty
Warranty applies subsequent to legal requirements.
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New Products 2010
