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General Terms and Conditions (GTC) for consumers



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 country that 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, 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 on the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute 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 dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select goods for purchase in our online store 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 cart and entering all the necessary order and address data in the next step, clicking the "Continue" button opens a page on which the main item details, including any costs incurred, are summarized again. Up to this point, you can correct your entries or withdraw from the contract. A binding offer within the meaning of paragraph 2 is only submitted when you then click on the "Order with obligation to pay" button. 

4. Correction Note

As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity at any time or remove selected goods completely. If you have placed goods there, clicking on the "Continue" buttons will take you to a page where you can enter your details and then select the shipping method. Finally, an overview page will open where you can check your details. You can correct your input errors (e.g. regarding data or the desired quantity) by clicking on "Edit" in the respective field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button "Order with obligation to pay", your declaration becomes binding within the meaning of point 3 para. 2 of these GTC. 

5. Storage of the contract text

The contractual provisions with details of the goods ordered, including these GTC and the cancellation policy, will be sent to you by e-mail upon acceptance of the contract offer or upon notification thereof. We do not store the contractual provisions.

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. You can delete your customer account at any time by sending us a message. We store and use the data you provide to process the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or we have reserved the right to further use of your data as permitted by law, about which we will inform you accordingly below.

7. Data processing for order processing

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 scope of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will provide explicit information 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 marketing

(1) If you subscribe to our e-mail newsletter, we will send you regular information about our offers. By registering, you give us your consent to 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 purposes of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the controller named at the beginning. Once you have unsubscribed, 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 data 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 for similar goods or services to those already purchased from our range by e-mail. In accordance with Section 7 (3) UWG, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 para. 1 lit. f GDPR. If you have initially objected to the use of your email address for this purpose, we will not send you any emails. You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by sending a message to the controller named at the beginning. Upon 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 upon ordering. Payment of the goods is made via PayPal, direct debit via PayPal or credit card via PayPal (we use the "SSL" transmission method to encrypt your personal data).

10. Retention of title

The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.

11. Terms of delivery

We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

12. Right of withdrawal

As a consumer, you are entitled to a right of withdrawal in accordance with the instructions in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

13. Warranty

(1) If the goods purchased and delivered in our online store or a digital product is defective, you are entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions.
(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 fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. 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 here are complete and conclusive. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.
(2) If you had your domicile or usual place of residence in Germany when the contract was concluded and have either moved out of Germany at the time the action is brought 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 would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following 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 remainder of the contract.

Consumer information and withdrawal policy

If you order goods when visiting our online store, we would like to draw your attention to 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 we offer, 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 on our website.
(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. If this offer is accepted, we will send you an order confirmation by e-mail or dispatch the goods. The purchase contract between you and us is then concluded.
(4) You can recognize 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 you have ordered are not available, we reserve the right not to provide the service, in which case we will inform you immediately before concluding the contract.
(6) The prices quoted by us are final prices including taxes. The shipping costs are shown separately with the respective products and in the order overview.
(7) We would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following 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.
(8) The data required for processing the contract between you and us are stored by us and are accessible to you at all times. In this respect, we refer you to the data protection regulations in our General Terms and Conditions.
(9) Please also refer to our General Terms and Conditions.

Viessmann Modelltechnik GmbH, represented by the managing director Wieland Viessmann (10) As a consumer, you have a right of withdrawal in accordance with the following instructions:

REVOCATION POLICY RIGHT OF WITHDRAWAL

You have the right to withdraw from 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, took possession of the goods. To exercise the right to cancel, you must inform us (Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, phone: 06452/93400, fax: 06452/934019, e-mail: info@viessmann-modell.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF REVOCATION

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. 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 any fees 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 send or return the goods to us immediately and in any case within 14 days of the day on which you notify us of your withdrawal from this contract. The deadline is 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 their condition, properties and functionality.
End of the withdrawal policy

ADDITIONAL NOTES

In the event that you return the goods to us, we ask you to use the original packaging, if still available. Sample withdrawal form according to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB If you wish to cancel the contract, please complete this form and return it to Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, phone 06452/93400, fax 06452/934019, e-mail: info@viessmann-modell.com



I/we (*) hereby revoke the contract concluded by me/us (*) for
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the purchase of the following goods
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ordered on: (*). . . . ./received on (*) . . . . .
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Name of the consumer(s)
_____________________________________________

Address of the consumer(s)
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Signature of the consumer(s) (only for notification on paper)
_________________________________________________
Date
_____________________________________________________

(*) Delete as appropriate