robbe Modellsport GmbH & Co.KG
Allgemeine Geschäftsbedingungen
General Terms and Conditions of Sale to private customers
(October 2010 edition)

The sales contract is with
robbe Modellsport GmbH & Co.KG, Metzloser Strasse 38 D-36355 Grebenhain.
Chairman of supervisory board: Wolfgang Schwarzhaupt
Managing Directors: Philip Janssen

Telephone: [0049] 6644-870 – Fax [0049] 6644-87129
Company registration: County Court at Gießen HRA 2722
VAT registration number: DE 113245536

1. Validity

1.1 For all demands relating to and arising from a contact between the customer and robbe Modellsport GmbH & Co.KG these General Terms and Conditions always apply, in the version valid at the time of conclusion of the contract, taking into account the special terms and conditions of robbe Modellsport GmbH & Co.KG for particular services which do not involve an order for goods. The special Terms and Conditions for Services are always quoted in the services offered.

1.2 In any case of conflicting terms, the conditions will be considered in the following order of ranking:
1. Special terms and conditions for the specific Service;
2. These General Business Terms and Conditions;
3. Statutory legislation.


2. Participants


robbe Modellsport GmbH & Co.KG will only conclude a contract with customers who are
a) persons of unlimited legal capacity who have completed their 18th year of age, are of
b)of legal standing,
with permanent residence in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereafter known as the "customer"). If an order from an unacceptable potential customer is accidentally accepted by robbe Modellsport GmbH & Co.KG, robbe Modellsport GmbH & Co.KG is entitled to withdraw from the contract with the customer within a reasonable period of time.

3. Contract substance

robbe Modellsport GmbH & Co.KG supplies the ordered goods to the customer, or supplies services as defined by the contract. Paragraph § 434 clause 1 item 3 of the German Federal Legislation Code also applies. If the contract is cancelled or terminated, robbe Modellsport GmbH & Co.KG is obligated to credit any payments and / or deposits immediately, or make reimbursement by cheque or bank transfer according to the customer's preference.

4. Conclusion / cancellation of contract

4.1 The contract is concluded when the customer's order is accepted by robbe Modellsport GmbH & Co.KG. The acceptance by robbe Modellsport GmbH & Co.KG takes effect when the customer receives the goods, or when the goods are despatched by robbe Modellsport GmbH & Co.KG, or when the contractual service is fulfilled by robbe Modellsport GmbH & Co.KG .
If the customer places an order via the Internet, robbe Modellsport GmbH & Co.KG will confirm the order entry immediately by electronic means. Confirmation of order does not equate to acceptance of that order.

4.2 Due to the customer's statutory right of withdrawal, a provisional contract state initially exists between robbe Modellsport GmbH & Co.KG and the customer when the order is made and subsequently accepted. The customer is entitled to rescind his order in writing (e.g. letter, fax, e-mail) within fourteen days, or by returning the ordered goods. This period commences with the receipt of the notification of cancellation in writing, but not before the customer has received the goods. The cancellation period can be safeguarded by despatching the goods or the cancellation promptly. The returned goods or cancellation of service must be sent to:

robbe Modellsport GmbH & Co.KG
Returns
Metzloser Strasse 38
D-36355 Grebenhain
Fax: +49 (0) 6644-87-7412
eMail: retouren@robbe.de

4.3 Consequences of cancellation
If an order is cancelled, the received goods and services must be returned by both parties. If the customer is unable to return the received goods or service in full or in part, or in its original condition, the customer may be required to pay compensation. This condition does not apply if the original condition of the goods has only been impaired by the customer's checking - as would typically occur by the customer in a retail shop. In general terms the customer can avoid the requirement to pay compensation by handling the goods as if they do not belong to him, and by avoiding any action which would reduce the value of the goods.

Goods which can be returned by carrier service are to be returned at our risk. If it is not possible to return the goods due to their weight or bulk, it is sufficient for the customer to make a written request to robbe Modellsport GmbH & Co.KG to collect the goods within the fourteen-day period after receipt of the goods. When a goods shipment is to be returned, the customer must bear the cost of return carriage, assuming that the goods supplied are as ordered. If this is not the case, the customer does not have to pay the cost of return carriage.

Any obligation to reimburse costs must be fulfilled within thirty days. For the customer, the period commences with the despatch of the cancellation declaration or the goods; for us, it commences with the receipt of the same.

There is no right of cancellation

if the goods supplied were produced to the customer's specification, were unambiguously tailored to suit personal requirements, are by their nature unsuitable for returning, might deteriorate quickly, or whose 'Best Before' date has expired;
in the case of software, if the data storage medium supplied has been opened.

Please note the following re. the return of apparatus with data storage media (e.g. radio control systems, USB memory sticks, etc.):
you are responsible for backing-up the data. Please make suitable back-up copies and / or erase all stored personal data. This is particularly important if the personal data of third parties is stored. If it is impossible to erase such data due to a fault in the equipment, we request that you expressly indicate to us the presence of personal data. Please write this information clearly on the returns form.

End of cancellation instruction.


5. Unavailability of ordered goods or services

If robbe Modellsport GmbH & Co.KG should establish after receipt of the order that the ordered goods or service is no longer available from robbe Modellsport GmbH & Co.KG, robbe Modellsport GmbH & Co.KG is entitled to send, offer or supply goods or services to the customer of equal quality and price. In this case the customer is not obligated to accept the goods or service, and does not have to bear the cost of return carriage.

6. Delivery / carriage costs

6.1 Goods are only dispatched to those countries and at those carriage costs and conditions which are listed under Payment and Dispatch at www.robbe.de/m/zahlung-und-versand.html. If you would like us to send goods to a country which is not listed, please contact us.

6.2 robbe Modellsport GmbH & Co.KG will make every effort to ship goods promptly, dependent upon supplies from sub-contractors. If only part of the order is not available immediately, the remaining goods will be shipped separately without separate calculation of carriage costs.

7. Price, conditions of payment

7.1 The prices stated in private customer price-lists are end-user prices, and include Value Added Tax (VAT) valid upon the day of publication of the catalogue. If a rise in Value Added Tax should occur after the publication of the catalogue, robbe Modellsport GmbH & Co.KG is obliged by law to add the new rate of VAT to the price.

7.2 In addition to the price of the goods, the invoice states the prices for supplementary services: carriage costs etc., and the VAT valid on the day the invoice is prepared.

7.3 Where goods or services are ordered using the robbe Modellsport GmbH & Co.KG website, the prices stated in the "shopping basket" apply.

7.4 robbe Modellsport GmbH & Co.KG reserves the right to indemnity the credit risk in individual cases, to exclude particular methods of payment, and to deliver goods and services only against pre-payment, Cash on Delivery or immediate payment upon delivery.

8. Reservation of Title

robbe Modellsport GmbH & Co.KG reserves title to all goods which are despatched to a customer until such time as full payment for the supplied goods has been received. If robbe Modellsport GmbH & Co.KG exchanges an item under guarantee, it is agreed today that the ownership of the goods to be exchanged reverts from the customer to robbe Modellsport GmbH & Co.KG or vice versa at that time when on the one hand robbe Modellsport GmbH & Co.KG receives the returned goods from the customer, or the customer receives the replacement shipment from robbe Modellsport GmbH & Co.KG.

9. Guarantee

9.1 robbe Modellsport GmbH & Co.KG guarantees that the products are free of material and legal defect at the time of transfer of risk in accordance with §§ 434, 435 BGB.

9.2 If supplied goods exhibit clearly evident material or production faults - including transit damage - the customer is requested to make a claim against robbe Modellsport GmbH & Co.KG for such defects with immediate effect. Neglecting to do this has no effect on your legal right to make a claim. In other respects the statutory regulations apply in accordance with §§ 434 ff, 475 clause 1 BGB.

9.3 The duration of the guarantee is two years. This period commences with the customer's access to the goods.

9.4 If a fault is found, the customer is entitled in accordance with § 439 BGB to demand the correction of the fault, or the supply of a fault-free product, to his choice. robbe Modellsport GmbH & Co.KG is entitled under § 439 to refuse the customer's choice of correcting the defect if it is only possible at disproportionate cost. If even a second attempt at correcting the fault is unsuccessful, the customer has the right in accordance with § 439 BGB to demand the supply of a fault-free replacement, to accept a reduced purchase price, or to withdraw from the contract. Otherwise § 437 BGB applies.

9.5 The statutory regulations apply in the case of any claim for compensation due to faulty goods.

9.6 The requirement for any guarantee claim is that the fault was not caused by improper or incompetent use or overloading of the item. If a fault becomes apparent only six months or more after receipt, the customer must be able to prove that the item was defective at the time of transfer of risk. If this is not the case, robbe Modellsport GmbH & Co.KG is entitled to assume that the item was not defective at the time of delivery.

10. Liability

10.1 robbe Modellsport GmbH & Co.KG, its management and its staff are liable in cases of positive infringement of claim, delay, impossibilities, prohibited treatment and other legal reason (except infringement prior to contract) in the case of deliberate and gross negligence. If culpable harm to life, health or body, culpable infringement to cardinal contractual obligations (primary contractual obligations) or deliberate deception has occurred, or if a claim for compensation in accordance with § 437 No. 2 BGB has occurred, robbe Modellsport GmbH & Co.KG is liable in a court of law. The liability of the staff of robbe Modellsport GmbH & Co.KG is only limited to the typical, foreseeable damages if cardinal obligations are infringed. The term 'cardinal obligation' is used either in concrete terms to denote a significant infringement of obligation which endangers the fulfilment of the purpose of the contract, or in abstract terms to denote the duty which must be fulfilled in order properly to implement the contract, and in which the customer is entitled to place his trust. If there is a delay, the business customer has the right to compensation, or alternatively to withdraw from the contract.

10.2 In the case of data loss, robbe Modellsport GmbH & Co.KG is only liable if the customer can prove that the has backed up the data regularly, i.e. at least once a day. The liability for data loss is limited to the cost of restoring the data if a back-up copy is in existence, unless the data loss was caused deliberately or by gross negligence on the part of robbe Modellsport GmbH & Co.KG. Otherwise liability is excluded, with the exception of deliberate or gross negligence.

10.3 The extent of liability on the part of robbe Modellsport GmbH & Co.KG in accordance with product liability law is unaffected.

10.4 The aforementioned rules (9. and 10.) state the full extent of liability of robbe Modellsport GmbH & Co.KG, its management and its staff.

11. Jurisdiction

11.1 In any legal dispute between robbe Modellsport GmbH & Co.KG and its customers and concerning the relevant terms of business, the case is settled according to German law. The application of UN agreements concerning contracts relating to international sale of goods, dated 11.04.1988, is excluded.

11.2 The terms of No. 11.1 do not affect statutory regulations of the country in which the customer normally resides, provided that the customer has concluded a purchase contract which cannot be attributed to the customer's professional or commercial activity (end-user contract), and that the customer has carried out the legal actions required to conclude the purchase contract in the country in which he normally resides.

12. Miscellaneous /Sundry matters


12.1 The customer has no right to Aufrechnung or Zurückbehaltung, unless the claim is undisputed or determined in a court of law.

12.2 If particular terms of this contract have no or only partial legality, or if they subsequently lose their legality, then the validity of the remainder of the contact is not affected by this.

12.3 Exclusive seat of jurisdiction is Gießen or antoerh court chosen by robbe Modellsport GmbH & Co.KG, assuming that the customer is a businessman as defined by commercial law, or is a corporate body of public law.

13. Data protection

13.1 Your address is stored in our data processing department in order to ensure prompt, error-free processing. The data entrusted to us is handled in accordance with the German Federal data protection law, and of the telemedia law.

13.2 For the purpose of credit checking the Coface Kreditversicherung AG, Isaac-Fulda-Allee 1, 55124 Mainz and / or the Schufa Holding AG, Kormoranweg 5, 85201 Wiesbaden, makes available to us the address and credit data stored in your database under your name, including information which is based on mathematical / statistical methods, provided that we have proved that we have a credible interest in the data.

Note re. § 28 b No. 4 BDSG
For the purpose of deciding on the foundation, implementation or termination of the contract relationship, we use probability values which are calculated using, amongst other data, our address information.

13.3 We reserve the right to pass your data to other companies in the permitted manner for the purpose of postal despatch of information material, and reserve the right to use this postal data for our own promotional purposes. If you are not in agreement with this, simply send a brief note to this effect to us at robbe Modellsport GmbH & Co.KG, Metzloser Strasse 38, 36355 Grebenhain, or by fax to this number +49 (0) 6644-87-7412. If you order via the Internet, your data will not be passed on if you mark the appropriate field which excludes the use of personal data.

13.4 robbe Modellsport GmbH & Co.KG will not analyse or pass on customer data to the extent regulated by No. 13.1 to 13.3.

14. Severability clause


If one stipulation in this agreement should be ineffective in full or in part, or subsequently lose its validity, this will not affect the validity of the remaining stipulations. If one stipulation is ineffective, the relevant legal regulation is to be substituted.