Terms and Conditions as per 01.09.2015

§ 1 Scope
§ 2 Conclusion of contract, withdrawal and revocation
§ 3 Order
§ 4 Prices, delivery
§ 5 Terms of payment, due date, default
§ 6 Offsetting, retention
§ 7 Retention of title
§ 8 Warranty and Liability
§ 9 Right of Withdrawal
§ 10 Privacy
§ 11 Applicable law


 

The offered model cars are models for adult collectors only. These collectible items are not toys in the sense of the valid toys directive. They are not suitable for children under 14 years (may contain small and sharp parts)! The outer packaging of the model car is an integral part of the collector's item, which contributes significantly to the value of the model car. All trademarks, all tradenames, service marks and logos used on the model cars are the property of their respective owners. They are only used to inform. The trademarks and logos are no advertisements. They are reproduced to respect the historical accuracy of the models.


§ 1 Scope

 

The contract is concluded with Corptree Consulting Group GmbH & Co. KG, Stadtmauerweg 24 A, D-92676 Eschenbach (district court and tax office Weiden: register number HRA 2563, VAT identification number DE 278750974; Managing Partner: Thorsten Sabrautzky).

 

1. For the business relationship between the Corptree Consulting Group GmbH & Co KG (hereinafter Corptree) and the buyer, the following General Terms and Conditions (GTC) apply in the version valid at the time of the order. Corptree expressly does not acknowledge deviating or supplementary terms and conditions of the buyer unless Corptree has given its written consent.

 

2. The product range in the online shop is exclusively aimed at buyers who have reached the age of 18 years.

 

3. The buyer can send legal explanations by post to Corptree:

 

Corptree Consulting Group GmbH & Co. KG Phone: +49 9645 918406
Stadtmauerweg 24 A Email: info@corptree.de
D-92676 Eschenbach

 

If the written form is required in these terms and conditions, this requirement will also be fulfilled by e-mail.

 

§ 2 Conclusion of contract, withdrawal and revocation

 

1. Any contractual agreement is a contract between the buyer and Corptree. All orders are documented in an order document and stored for legal reasons. Ordering documents do not have to be signed in order to be valid and legally enforceable. If you are registered as a buyer in our online shop, you can view your specific order data under 'My Account'.


2. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

 

3. You make a binding offer (§ 145 BGB) at Corptree, if you have gone through the online ordering process by entering the information requested there and click the button "Buy Now". After you have sent your order, we will send you an e-mail confirming the receipt of your order and providing details (acknowledgment of receipt). This confirmation of receipt does not constitute acceptance of your offer, but merely informs you that your order has arrived.

 

4. The purchase contract is only concluded by written confirmation of the order or by delivery of the goods by Corptree. Corptree is entitled to withdraw from typing, printing and calculation errors in the online shop.

 

5. If the supplier of Corptree does not supply Corptree with the ordered goods in spite of a contractual obligation, Corptree is also entitled to withdraw. In this case, the buyer will be informed immediately that the ordered product is not available. The possibly already paid purchase price will be refunded immediately and in full.

 

6. The buyer can revoke the contract by returning the unused and original packed goods within two weeks. It is pointed out that Corptree can withhold any impairment caused by the use of the item.
The provisions of the right of objection apply (see § 9).

 

§ 3 Order

 

1. Our online store is usually available on the internet 24 hours a day, 7 days a week. If you want to place an order, you can: directly on the internet through our shop, or by mail and by phone (Monday to Friday from 9:00 to 18:00 clock, except on public holidays).

 

2. Once you have found the product you are looking for, you can add it to the shopping cart by clicking on the "Add to Cart" button. You can view the content of the shopping cart at any time by clicking on the button "Show cart" without obligation. You can remove the products from the shopping cart at any time by clicking on the "remove" button. If you want to buy the products in the shopping cart, click on the button "Continue to the next step". You will then be asked to enter your personal data and choose the method of payment and confirmation of the acceptance of the terms and conditions.

 

3. For a conclusion of the contract, the buyer must state his data necessary for the execution of the order. These are only used in accordance with our privacy policy (see § 10).

 

4. The buyer is obliged to provide truthful information when ordering. If he does not do so, a contract will not be concluded. Corptree expressly reserves the right to assert claims for damages.

 

5. If data changes, in particular name, address, e-mail address and, if necessary, bank details, the buyer is obliged to notify Corptree immediately in writing of this change.

 

6. The buyer confirms that Corptree can rely on the accuracy of the name and address provided in the order document under "Bill Recipient" for tax purposes.

 

7. If the buyer orders products for delivery outside the EU, they may be subject to import duties and taxes that are levied once the delivery reaches the destination. Any additional fees for customs clearance must be borne by you; we have no control over these charges. If the goods are returned by the buyer, the buyer is not entitled to any refund of import duties and taxes or fees paid by him.

 

§ 4 Prices, Delivery

 

1. The prices in our online shop are non-negotiable final prices and include German VAT at the current rate of 19% (books 7%), plus packaging and transport, where applicable.


2. Unless otherwise agreed, delivery from the warehouse to the delivery address specified by the buyer.

 

3. The delivery is made exclusively by DHL or Deutsche Post as insured package.

 

4. The delivery takes place as soon as possible after irrevocably receipt of your payment starting from our warehouse in Germany. Not immediately available model cars will be shipped to you immediately after availability.

 

5. We are entitled to partial deliveries, as far as this is reasonable. With a combined order of available car models and not yet available models, the shipping of the already available models from a value of about 50.00 Euro takes place immediately after receipt of order. Not yet immediately available car models are put into the backlog and sent to you according to their availability without further postage costs.

 

6. Any information about a delivery period is not binding, unless a delivery date has been agreed in writing binding exceptionally.

 

7. The risk passes to the buyer as soon as the goods have been handed over to the consignee by Corptree or one of Corptree's agents, even if partial deliveries are made.

 

8. In the event of a return of products, the invoice amount may be reduced upon payment according to the returned value of goods, but not the shipping costs for the return.

 

§ 5 Terms of payment, due date, default

 

1. Our delivery takes place in Germany and abroad on pre-payment. A minimum order value does not exist.

 

2. To settle the pre-payment (invoice), the buyer can choose between the following payment options:

 

a) by bank transfer to Volksbank Raiffeisenbank Nordoberpfalz eG; IBAN: DE13 7539 0000 0000 1823 62; BIC: GENODEF1WEV;

 

b) by PayPal

 

When making a bank transfer, please always quote the billing and buyer number. The buyer may object to the invoice within 14 days after receipt of the invoice.

 

2. The costs for postage (shipping costs) and packaging, please refer to the order form.

 

§ 6 Offsetting, Retention

 

The buyer has the right to offset only if his counterclaims are legally established or recognized. The exercise of a right of retention by the buyer is only considered insofar as his counterclaim is based on the same contractual relationship.


§ 7 Retention of Title

The delivered goods remain property of Corptree until full payment.

 

§ 8 Warranty and Liability

 

1. If delivered items have obvious material or manufacturing defects, including transport damage, so please complain such errors immediately in writing with proof (photo) to us.

 

1.    Defects in the purchased goods are subject to the statutory warranty periods; any further manufacturer warranty remains unaffected. The defectiveness of a product must be reported immediately and in writing in order to safeguard the warranty claims. Corptree is not liable for damages resulting from the use and / or processing of the goods.

 

2.    Despite careful examination, it can happen that one of our products has a defect. If there is a defect in the purchased goods for which Corptree is responsible, the buyer can either demand remedy of the defect or replacement. If Corptree is unwilling or unable to remedy the defect / replacement due to disproportionality or if it is delayed beyond reasonable deadlines for reasons for which Corptree is responsible, or fails in any other way to remedy the defect, the buyer is entitled to choose withdraw from the contract or demand a corresponding reduction or refund of the purchase price.

 

4. Unless otherwise stated below, further claims of the buyer - for whatever legal reasons - are excluded. Corptree is therefore not liable for damages that did not occur on the delivery item itself; in particular, Corptree is not liable for lost profits or other financial losses of the buyer.

 

5. The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. Furthermore, it does not apply if the buyer asserts claims under §§ 1, 4 Product Liability Act, claims for the lack of a warranted property or claims for damages for non-performance. The same applies to initial inability or impossibility.

 

6. Insofar as Corptree negligently violates a contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage.

 

§ 9 Right of Withdrawal

 

Please read our separate cancellation policy: Withdrawal

 

§ 10 Privacy

 

Please read our separate privacy policy: Privacy Policy

 

§ 11 Applicable law

 

1. These terms and conditions are interpreted and interpreted with the laws of Germany, regardless of different legal bases. German law applies to the exclusion of the UN purchase law. German is the contractual language. Jurisdiction is, as far as permissible, the district court in Weiden, Germany.

 

2. Should one of the above clauses be ineffective, this does not affect the validity of the remaining provisions. The ineffective clause is replaced by a provision as it would have been made by the contracting parties in the knowledge of the ineffectiveness.

 

3. For the sake of user-friendliness, Corptree also provides an English translation of the German version of these Terms. In case of inconsistency between the German language version and the English version of these conditions, the German language version applies to your relationship with Corptree.

 


Eschenbach, 15.02.2019