General terms and conditions for private persons
1. Scope of application, contract language
(1) These general terms and conditions (GTC) apply to the contracts concluded between you and us, Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, represented by the managing director Wieland Viessmann, via this online shop.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
2. Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) You have your habitual residence in Germany, or
(b) Your habitual residence is in a state which is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
3. Conclusion of contract
(1) The presentation of the goods in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Order subject to payment" button in the last step of the ordering process, you make a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or send the goods for dispatch. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select goods for purchase in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart where you will be guided through the rest of the ordering process. After selecting the items in the shopping basket and entering all the necessary order and address data in the following step, clicking the "Continue" button will open a page in which the essential item details, including any costs incurred, are summarised once again. Up to this point you can correct your entries or refrain from declaring the contract. A binding offer within the meaning of paragraph 2 is only made by subsequently pressing the "Order subject to payment" button.
4. Correction notice
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired number of items at any time or remove selected goods completely. If you have placed goods in the shopping basket, clicking on the "Continue" buttons will take you to a page where you can enter your data and then select the shipping method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding data or the desired number of items) by clicking on "Edit" in the respective field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay", your declaration becomes binding in accordance with point 3, paragraph 2 of these General Terms and Conditions.
5. Storage of the contract text
The contractual provisions with details of the ordered goods including these GTC and the cancellation policy will be sent to you by e-mail with the acceptance of the contractual offer or with the notification of this. We do not store the terms and conditions of the contract.
6. Data processing when opening a customer account and for contract processing
In accordance with Art. 6 Para. 1 lit. b GDPR, we collect and process personal data if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending us a message. We store and use the data you provide for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved on our part, about which we inform you accordingly below.
7. Data processing for order handling
In order to process your order, we work together with service providers who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information. The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b GDPR.
8. Use of your data for direct advertising
(1) If you register for our e-mail newsletter, we will regularly send you information about our offers. By registering, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. The data collected by us when you register for the newsletter will be used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a way that goes beyond this, which is permitted by law and about which we inform you in this declaration.
(2) If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers by e-mail for similar goods or services to those already purchased from our range. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning.
Responsible person named at the beginning. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
9. Terms of payment
The purchase price is due immediately with the order. The payment of the goods is made via PayPal, direct debitvia PayPal or credit card via PayPal (we use the transmission procedure "SSL" for the encryption of your personal data).
10. Reservation of proprietary rights
The goods remain our property until full payment has been received. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
11. Delivery conditions
We deliver the goods according to the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.
12. Warranty
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
13. Warranty
(1) Insofar as the goods purchased and delivered in our online shop or a digital product are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
14. Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
15. Final provisions
(1) The terms and conditions set out herein are complete and final. Amendments and supplements to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the content of the contract agreed in each case.
(2) Insofar as you had your domicile or usual place of residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time of the institution of legal proceedings by us or your domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of our company in Frankenberg/Eder.
(3) We draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@viessmann-modell.com. In accordance with § 36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.
Appendix
Consumer information and cancellation policy
If you order goods when visiting our online shop, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In the event of contradictions, the German text shall take precedence.
(2) The essential characteristics of the goods offered by us, the functionality of the goods with digital elements or the digital products, as well as the compatibility and interoperability of the goods with digital elements or the digital products, as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of our Internet offer.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail or dispatch the goods. This concludes the purchase contract between you and us.
(4) You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(5) If the goods ordered by you are not available, we reserve the right not to provide the service, in which case we will inform you of this immediately before the contract is concluded.
(6) The prices stated by us are final prices including taxes. The shipping costs are shown separately with the respective products and in the order overview.
(7) The purchase price is due immediately with the order. Payment of the goods shall be made by direct debit from the savings bank.
(8) We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@viessmann-modell.com. In accordance with § 36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(9) The data required for the processing of the contract between you and us are stored by us and are accessible to you at all times. In this respect, we refer to the regulation of data protection in our GTC.
(10) For the rest, we refer to our General Terms and Conditions.
Viessmann Modelltechnik GmbH,
represented by the managing director Wieland Viessmann.
(11) As a consumer, you have a right of withdrawal in accordance with the following instructions:
CANCELLATION POLICY
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, telephone: 06452/93400, fax: 06452/934019, e-mail: info@viessmann-modell.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF CANCELLATION
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or return the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the 14-day period has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
ADDITIONAL NOTES
In the event that you return the goods to us, please use the original packaging, if still available.
Model for the cancellation form according to
Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (Introductory Act to the German Civil Code)
If you wish to cancel the contract, please complete this form and return it
To Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, telephone 06452/93400, fax 06452/934019, e-mail: info@viessmann-modell.com.
I/we (*) hereby revoke the contract concluded by me/us (*) regarding
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the purchase of the following goods
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ordered on: (*). . . . ./received on (*) . . . . .
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Name of consumer(s)
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Address of consumer(s)
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Signature of the consumer(s) (only in case of paper communication)
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Date
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(*) Delete where inapplicable