Terms of Service

 
Conditions

 General Terms and Conditions (as of 1.5.2019)

 § 1. General

(1) These terms and conditions apply to all contracts, deliveries and other services of Zenner Beteiligungen GmbH, represented by the sole managing director Dr. Ing. Peter Zenner, Brunnenweg 2 66129 Saarbrücken (hereinafter: "seller"), concerning the online shop www.zennershop.de and all domain subdomains. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.

 (2) The seller offers customers in the online shop www.zennershop.de new and used goods for sale.

 As a customer, only adults over 18 years are recognized, unless there is a permission of the guardians of.

 (3) Goods that are set by Shopware in www.zennershop.de and uploaded via the Magnalister on Ebay, Amazon or other online portals are also subject to these terms and conditions, unless the marketplace has its own terms and conditions. At Amazon and Ebay they are reproduced in the corresponding Zenner shop again.


§ 2 Conclusion of contract

(1) The contract is concluded by a confirmation of acceptance by the seller. The customer submits by inserting the selected goods in the shopping cart and clicking on the "buy" "order button" an offer to the seller, which checks this. The processes are automated.

(2) The customer also has the opportunity to inquire online with the seller about a specific item. After receiving such a request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer. Basically, the buyer agrees with the purchase that the seller may contact him to process orders via telephone, by mail, by e-mail, by fax or other common means of communication.

(3) The contract text is saved. The customer receives the contract text by e-mail.

 

(4) Contract language. Basically German is the legally binding contract language. Only the German product description is valid. In the Zennershop language tools are built in, which allows understanding in over 100 languages. However, the translations are not binding, as such tools may produce incorrect translations. In case of doubt, the buyer has the opportunity to contact the seller or write an e-mail. It is best to request an invoice before paying, especially if the calculated shipping costs may be incorrect. The seller is then able to correct them.

§ 3 prices, shipping costs, payment method, reminder fees

(1) For orders via the online shop, the prices stated there apply. All prices are final prices.

(2) The shipping costs are included in the price in Germany.

(3) The delivery to the customer by the seller is made according to the customer's wishes against the following payment methods: advance payment by bank transfer, prepayment by Paypal, credit card via PayPal, Amazon Pay, cash on collection. Delivery on account is only possible in exceptional cases, and that if the customer has ordered several times and paid in a short time.

(4) If the customer chooses advance payment by bank transfer (IBAN, BIC), the payment is due no later than 7 calendar days after conclusion of the contract. For delivery on account, payment is due no later than 7 calendar days after invoicing. Delivery by cash on delivery is not possible. No matter which method of payment the customer chooses within the EU, no additional fees will be charged. Outside the EU, fees are only charged if the payment service provider (Bank, PayPal, Amazon Pay and others) requests this from you directly. The seller does not pay any fees, the amount of the cheapest transfer, e.g. PayPal exceeds, as bank transfers from your non-EU bank may incur high fees that we do not pay.

(5) If a customer defaults on its payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract. The seller charges the customer a flat-rate reminder fee of 8 euros. A further delivery on account is then no longer possible.

(6) The seller shall always issue to the customer an invoice, which will be given to him upon delivery of the goods or otherwise received in text form.

§ 4 Delivery, transfer of risk, identification notice

(1) Unless agreed otherwise, the ordered goods will be delivered to the address specified by the customer. The delivery is made from the seller's warehouse, in a few cases from the manufacturer or the product is first manufactured.

(2) The seller reserves the right to make a partial delivery, if this appears advantageous for a speedy settlement and the partial delivery is not unreasonable for the customer exceptionally unreasonable. Additional costs resulting from partial deliveries will not be charged to the customer.

(3) The seller reserves the right to dissolve from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is completely or partially omitted. This self-supply reservation only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the absence of the service, as far as a so-called congruent hedging transaction for the fulfillment of the contractual obligations was concluded in time with the supplier. If the goods are not delivered, the seller will inform the customer immediately about this fact and refund an already paid purchase price and shipping costs.

(4) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon transfer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the shipper, the carrier or the person designated to carry out the consignment upon delivery of the goods.

(5) We also ship to the following countries: Germany (delivery time: approx. 3 days), EU (delivery time: approx. 10 days), worldwide (delivery time: approx. 14 days).

 (6) Goods that have been specially manufactured to customer specifications and that were functional prior to shipping, can only be taken back by the seller if a transport damage has occurred.

 

§ 5 Labeling of goods for children between 3 and 14 years and over 14 years.

The model railroad cars represented by the seller have the locomotives and wagons with a declaration of conformity. They may also be used as toys for children between 3 and 14 years. Model railways, however, fall into the category of scale models that are not considered toys under the 2009/48 / EC Directive if they are labeled for collectors over 14 years of age. We refer to the link: http://www.ce-zeichen.de/klassifizierun ... linie.html. The seller does not offer goods of all brands offered by the seller as toys for toddlers, nor for children, but are model articles for collectors and persons over 14 years. Ready-made models, which are not kits and have an electric drive, are subject to the labeling requirement due to the EMC Directive. This applies e.g. for locomotives. Goods, such as Buildings, figures, tracks, mechanical spare parts, accessories and car models as collectibles are not covered by the conformity requirement, the machine standard, the low-voltage directive or the EMC directive, nor are they relevant to safety. They are kits for larger systems. Electronic kits or kits of locomotives that are sold to private individuals over the age of 14 are not covered by the Finished Machinery Directive, the Low Voltage Directive or the EMC Directive.

 

§ 6 Checkout via Shopware

 The purchase is handled by Zenner Beteiligungen GmbH via the server of Shopware AG. The buyer therefore agrees that his data for the purchase of Shopware (www.shopware.de) may be transferred. The seller assures that this data will be used only for this purpose. The data includes the billing address, delivery address, e-mail and telephone number, see also the privacy policy.

 
§ 7 Right of withdrawal

Customers who are consumers in the sense of § 13 BGB, is entitled to a statutory right of withdrawal. Information can be found in the cancellation policy.

§ 8 Privacy
By accepting the terms and conditions, the buyer also confirms to have read the privacy policy and to recognize them.

 
§ 9 Retention of title

The delivered goods remain the property of the seller until all claims under the contract have been fulfilled. In the event that the customer is a legal entity of public law, a public special estate or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond the current business relationship until the settlement of all claims related to the seller to be entitled to the contract.

§ 10 warranty

Insofar as defects are present, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only traders are involved in the contract, §§ 377 et seq. HGB apply in addition. A deduction from the purchase price due to a defect is not permitted without the express written assurance of the seller. Deviations of the technology and in the of the photos shown in the shop the seller reserves himself.

The customer undertakes within the warranty period, if he wants to make use of warranty services, to treat the goods as a precautionary measure and to carry out corresponding maintenance himself or to have this carried out by the seller. This is especially true at higher mileage for locomotives. Failure to observe necessary maintenance may cause bearings in the drive and at other locations, e.g. dry in the rod and so the worm, gears and other parts are destroyed. This means, however, that then the warranty expires. Unmonitored drives are clearly identifiable. When self-maintenance is to be noted that the drive is professionally mounted again and not destroyed by incorrect installation. For sent defective locomotives still within the warranty period, in which screws, gears or other parts were destroyed because of missing grease, the spare parts and one hour with 35 Euro will be charged. Regular maintenance is offered by the seller for used goods for a fee.

 
§ 11 Liability

Outside the liability for material and legal defects, the seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract in the first place and on whose compliance the customer regularly trusts) , but only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of duties other than those listed above.

 

Customers and suppliers are obliged to help each other in the case of faulty goods, lost goods or transport damage in such a way that damage is minimized for both sides. Defective goods are returned to the seller, unless the customer is willing to repair minor damage himself. If the goods have been lost, the seller is liable. A commodity is considered lost only if the given deadlines of the transport enterprises are observed for the determination of the loss. This period also applies to faulty goods or transport damage. It is set here with 6 weeks. Both sides agree not to rate themselves negatively if each side has contributed to the problem being solved within this time limit.

 

Goods under 30 Euro value of goods (usually small spare parts in the Maxibrief or envelope) are offered uninsured and shipped accordingly uninsured. A stamp or merchandise stamp or goods stamp is stuck on it. There is no tracking number. Abroad, the weight of this product reaches up to 500g inland up to 1000g. Faster and safer this goods can be sent by registered mail or similar procedure from 1.1.2019 with Deutsche Post. Extra charge according to fee table of Deutsche Post. She is insured up to 30 euros and has a tracking number. The seller is liable for the loss of uninsured goods.

§ 12 Final Provisions

(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(2) The law of the Federal Republic of Germany applies. Mandatory provisions of the state in which you have your habitual residence remain unaffected.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

(4) Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remaining provisions of the contract. The ineffective provision shall be replaced by mutual agreement between the contracting parties by means of a legally valid provision which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.

 

(5) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which the buyer can access at http://ec.europa.eu/odr.

Last change Status 1.5.2019