Conditions of Use
Terms and Conditions
Scope of application
The general terms and conditions (hereinafter referred to as "GTC") apply to all services and deliveries that we provide to you as a private customer (hereinafter "client" or "consumer") unless expressly agreed otherwise.
They apply to all future transactions, even if they have not been expressly agreed again. Foreign business and purchasing conditions are only valid if they comply with these terms and conditions.
It is expressly pointed out that vicarious agents are not authorized by us to make written or verbal individual agreements or amend.
These GTC also apply to additional and change orders sent after the conclusion of the contract.
Offer and conclusion of contract
All our offers are non-binding. In the case of the contract, the contract is formed with:
HOBBY-STORE
Hobby- und Modellsportartikel
Alexander Jölly
Bachweg 2
A-8501 Lieboch
AUSTRIA
The presentation of the goods in our Internet shop do not constitute a legally binding contract offer on our part, but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer for him to conclude a purchase contract. Orders must be made exclusively via the internet shop provided. A consumer is any natural person who trades in business for purposes which are outside his trade or business. Sales and delivery to entrepreneurs are not offered from our side. Orders by phone or e-mail will only be accepted after we agreed or advised to do so.
The acceptance of the offer takes place in writing or in text form within one week or with a delivery notice.
Upon receipt of an order in our Internet shop, the following rules apply: The consumer makes a binding contract offer by successfully going through the order procedure provided in our Internet shop. Orders in our internet shops as well as business offices for the purpose of commercial resale are not permitted and require prior agreement and approval from us.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view the terms and conditions at any time at http://www.hobby-store.at/Unsere-AGB:_:3.html. Your past orders can be viewed in our customer area, if you have logged in with your access data.
Withdrawal, cancellation policy, cancellation consequences
Withdrawal
Cancellation
EU:
You may expressly cancel your contract within 14 days, stating reasons in writing (eg letter, e-mail), if you or a third party named by you and not acting as a carrier obtains ownership of the goods.
Returns consequences:
In the case of an effective cancellation, the mutually received benefits are to be returned and any benefits derived.
Upon revocation, we have promptly accepted all payments received from you, including delivery charges (except for the additional costs arising from a different delivery method than the standard delivery offered by us) at the latest 14 days from the day on which the notification of your withdrawal has reached us.
The direct costs of returning the goods are carried by the consumer.
In case of partial cancellation, flat rate shipping costs are not refunded, the return costs are also to be carried by the consumer and will not be refunded.
Returns have to be made free of charge for us - non-refundable returns or returns by cash on delivery will not be accepted by us.
For the repayment use as the same means of payment that you used in the original transaction, unless otherwise agreed with you.
We may refuse the repayment until we received the returned goods completely.
For repayments which can not be made by domestic or EU standard transfer, any bank charges incurred are to be carried by the consumer.
If you can not give us back or give us the received performance as well as usages (eg benefits of use) or only partially or only in a deteriorated condition, you have to pay us compensation. For the deterioration of the thing you have to pay compensation only if the deterioration is due to a handling of the thing, which goes beyond the examination of the properties and functioning. By "testing the characteristics and the functioning" one understands the testing and trying out of the respective commodity, as it is possible and usual in our shop for example. Traces of use of any kind are considered a reason for the validation of a value replacement on our part. A damaged original packaging represents an impairment for which compensation has to be paid.
For sealed items such as CD's, DVD's, software or other data carriers or other goods sealed by the manufacturer, the right of revocation expires if the seal has been removed or damaged.
There is no claim for revocation for things that were manufactured or ordered according to customer requirements, the seal was removed after delivery or for reasons of health protection or hygiene reasons are not suitable for return. The items have to be returned to us at your expense and risk within 14 days after we received the cancellation from you. Parcels must be packed by you in order to avoid damage or depreciation due to the return.
Newspapers or magazines are excluded from the revocation.
Special instructions:
To maintain the cancellation period, the timely dispatch of the revocation and the thing is sufficient. The revocation must be sent to:
HOBBY-STORE
Alexander Joelly
Bachweg 2
A-8501 Lieboch
AUSTRIA
End of revocation
Prices and shipping costs
The listed prices include the statutory sales tax and other price components. Additional shipping costs may apply.
The shipping costs are displayed in the shopping cart and may vary due to the amount of the order value or different items.
Costs for items ordered or manufactured at the request of the consumer are in any case to be paid by the consumer and excluded from the return or exchange.
Delivery and returns
If the consumer has chosen to pay in advance, we will not ship the goods before payment received.
In any case, the client has to accept slight overdue delivery deadlines, without any claim for damages or a right of withdrawal.
The goods are dispatched after complete receipt of payment in chronological order regardless of the sequence of the order.
If no payment is received within 5 calendar days, the goods will be procured as being available again and in the case of an intermediate sale the ordered items will be treated as custom order request as we have to aquire them explicitely to fulfil your order request.
If the order process can not be completed with the specified delivery address, delivery restrictions may exist or the delivery to this address will not be offered by us. More details about the delivery restrictions can be found at: http://www.hobby-store.at/Shipping-Returns:_:1.html
Returns due to complaints or other reasons must be made 'free', 'non-free' returned goods will not be accepted by us.
Returns must be sent to the following address:
HOBBY-STORE
Hobby- und Modellsportartikel
Alexander Jölly
Bachweg 2
A-8501 Lieboch
AUSTRIA
Estimate of costs
The estimate is made to the best of our knowledge, but no guarantee can be given for it's accuracy. Should there be cost increases of more than 15% after the order has been placed, the contractor will inform the client immediately.
If it is an inevitable cost overruns up to 15%, a separate communication is not required and these additional costs can be easily charged.
Unless otherwise agreed, cost estimates will be provided by us for a fee of EUR 36.-. A fee paid for the cost estimate will be credited against the order amount if an order is placed on the basis of this cost estimate and the cost estimate is less than 50% of the order value.
Payment
The consumer has the option of payment in advance, bank transfer or PayPal.
If the consumer has chosen to pay in advance, he agrees to pay the purchase price immediately after conclusion of the contract.
After receiving the order confirmation, please transfer the stated invoice amount to the account:
Bank Institute: Bawag P.S.K.
Account Owner: Alexander Jölly
Bank code: 60.000
Account number: 74.717.910
BIC / SWIFT: BAWAATWW
IBAN: AT266000000074717910
For transfers from abroad (EU), we recommend payment by EU standard transfer via BIC / SWIFT & IBAN so that no foreign transfer fees are incurred. Otherwise, these are to be carried entirely by the consumer.
The payment must be made without any deduction and free of charge.
The payment method you choose may include additional charges for payments and for repayments that you are required to pay.
Interest on account of delay
Even if the customer is in default of payment, we are entitled to charge default interest in the amount of 12% above the base lending rate annually. This does not affect claims for compensation for proven higher interest rates.
Retention of title
The goods remain our property until full payment of the purchase price and all costs and expenses. A resale is only permitted if we have been informed of this in a timely manner before, quoting the name and the exact address of the buyer, and we agree to the sale.
In the case of even partial default of payment, the buyer agrees already now that we can pick up the goods at his expense at any time.
In case of default, we are entitled to assert our rights under the reservation of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
Damages, product liability
Claims for damages in cases of slight negligence are excluded.
Any recourse claims are excluded, unless the person entitled to recourse proves that the mistake has been caused by us.
The consumer waives the possibility of set-off of any kind against our claims.
Warranty
The warranty corresponds to the statutory 24 months from the date of purchase or when the item was delivered.
In the case of used goods, the warranty is 12 months. For batteries, the warranty is 6 months.
Warranty is granted solely on the item itself, not on consequential damage, loss, willful damage or improper handling.
The place of performance for our services as well as consideration and return address for the consumer is our registered office.
Returns due to complaints or other reasons must be made 'free', 'non-free' returned goods will not be accepted by us.
Protection of plans & documents / confidentiality
Plans, sketches, quotations and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular the distribution, duplication, publication and provision of copies, including copies of copies or partial copies, requires our express consent.
All of the above-mentioned documents can be reclaimed from us at any time and must be returned to us immediately and unsolicited if the contract is not concluded.
Return costs have to be carried by the consumer and will not be refunded from us in any case.
Incidentally, our contractual partners / principals undertake to keep secrecy of the knowledge gained from the business relationship with third parties.
Additional Information:
This english version of terms and conditions is a translation of the original german version where in case of doubt only the written text of the german version is valid to avoid misunderstandings or translation issues.
