General Terms and Conditions

The following General Terms and Conditions (T&Cs) govern the sale of products by FS-Modellbahn.de, represented by: Florian Schöbel, Eiffestraße 598, 20537 Hamburg, phone:
01718220236, email: kontakt@fs-modellbahn.de, hereinafter referred to as the "Provider", via the online shop at fs-modellbahn.de.

§ 1 Scope

(1) These T&Cs apply to all contracts concluded between the Provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at fsmodellbahn.de.

(2) Any deviating terms and conditions of the customer do not apply unless the Provider expressly agrees to their validity in writing.
(3) The range of products offered comprises: model railway accessories

§ 2 Conclusion of contract

(1) The contract is concluded with the Provider: FS-Modellbahn.de, Eiffestraße 598, 20537 Hamburg.
(2) The contract and negotiation language is German.
(3) The offers are directed exclusively at customers with a delivery address within the European Union.
(4) The customer must be at least 18 years old.
(5) The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer submits a binding offer by going through the ordering process and clicking the "order with obligation to pay" button at the end. Receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer. The purchase contract is only concluded by an express confirmation of acceptance by email or by dispatch of the goods.
(6) Orders exceeding quantities customary for households require the express approval of the Provider. This applies both to the number of products ordered within one order and to the placing of several orders for the same product.
(7) The order data is stored after conclusion of the contract and can be viewed in the customer login.
(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by email or in the customer account.

§ 3 Right of withdrawal

(1) Withdrawal information for private customers
The customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, took possession of the last goods.
To exercise the right of withdrawal, the customer must inform the Provider, FS-Modellbahn.de, Eiffestraße 598, 20537 Hamburg, of their decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an email). The customer may use the enclosed model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

(2) Consequences of withdrawal

If the customer withdraws from the contract, the Provider must reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer's choice of a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of the withdrawal from this contract was received by the Provider. For this reimbursement, the Provider will use the same means of payment that the customer used for the
original transaction, unless expressly agreed otherwise; in no event will the customer be charged any fees because of this reimbursement. The Provider may refuse reimbursement until the goods have been received back or until the customer has provided evidence that the goods have been sent back, whichever is earlier.
The customer must send back or hand over the goods without undue delay and in any event no later than fourteen days from the day on which the customer informs the Provider of the withdrawal from this contract. The deadline is met if the customer sends back the goods before the period of fourteen days has expired.
The customer bears the costs of returning the goods.
The customer is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to examine their nature, characteristics and functioning.

Model withdrawal form

If the customer wishes to withdraw from the contract, they can complete and
return this form:
FS-Modellbahn.de, Eiffestraße 598, 20537 Hamburg
I/We hereby withdraw from the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of the consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s) (only if notified on paper):
________________________________

(3) Right of withdrawal for business customers

Business customers (within the meaning of § 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be cancelled in accordance with statutory provisions or the contractually agreed terms.

§ 4 Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiry date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are likewise excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that, after delivery, have been inseparably mixed with other items due to their nature. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.

§ 5 Prices and shipping costs

(1) All prices stated include statutory value added tax.
(2) The prices stated are exclusive of the applicable shipping costs, unless expressly stated otherwise.
(3) It may happen that products in the online shop are inadvertently listed at an incorrect price. In such a case, the Provider will contact the customer before dispatching the goods to inform them that the actual price is higher, and will ask whether they wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the Provider will charge the lower amount and send the product.
(4) The prices stated at the time of the order apply. If list prices exist, the list prices at the time of the order apply.

§ 6 Customs

(1) For orders delivered outside the European Union, import duties and taxes may be levied once the parcel reaches its destination. These additional charges must be borne by the customer; the Provider has no influence on these charges. As customs regulations differ from country to country, the customer should contact their local customs authority for further information.
(2) For orders from abroad outside the European Union, the customer is regarded as the importer and must comply with all laws and regulations of the country in which they receive the products. The Provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.

§ 7 Payment terms

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods stated in the online shop.
(2) Advance payment: The full invoice amount must be transferred to the specified account within 1 calendar day after
receipt of the order. Shipping takes place after receipt of payment.
(3) PayPal: After completing the order, the customer is redirected to PayPal, where they can initiate the payment. Shipping takes place after confirmation of receipt of payment.
(4) The customer enters their Maestro card details during the ordering process. The amount is debited after the goods have been shipped.
(5) Credit card: The customer enters their credit card details during the ordering process. The amount is debited after the goods have been shipped.
(6) Klarna: The customer can pay via Klarna by invoice or in instalments. The
payment terms are specified by Klarna.
(7) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms the payment via Apple Pay. The amount is debited after the goods have been shipped.
(8) Google Pay: The customer enters their Google Pay details during the ordering process and confirms the payment via Google Pay. The amount is debited after the goods have been shipped.
(9) When the goods are shipped, the invoice is sent by email or, if no email address is on file, by post to the specified billing address.
(10) If the customer defaults on payment or a direct debit is returned, the Provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).
(11) Payment by sending cash or cheques is not possible.

§ 8 Retention of title

(1) The delivered goods remain the property of the Provider until the purchase price has been paid in full.
(2) During the retention of title, the customer is obliged to treat the goods with care. In particular, the customer must carry out all necessary maintenance and inspection work in good time at their own expense.
(3) The customer must notify the Provider in writing without delay if the goods are seized or subject to other interference by third parties, so that the Provider can bring an action pursuant to § 771 ZPO. If the third party is unable to reimburse the Provider for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by the Provider.

§ 9 Delivery, cancellation and shipping

(1) Unless stated otherwise in the offer, the delivery time is expected to be 3 working days.
The Provider endeavours to adhere to the stated delivery times. If delivery deadlines cannot be met, the customer will be informed without delay and any payments already made will be refunded.
(2) Unless agreed otherwise, delivery is made to the delivery address specified by the customer within Germany. Information on the availability of the products can be found on the Provider's website. All information on availability, shipping or delivery times is non-binding unless expressly marked as binding.
(3) If it is found during processing of the order that the ordered products are not available, the customer will be informed without delay by email or by a message in the customer account. The customer's statutory rights remain unaffected.
(4) Delivery is made depending on the customer's chosen payment method. In the case of advance payment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after conclusion of the contract.
(5) If the order is shipped in several parcels, the customer may receive a separate shipping confirmation for each parcel. In this case, a separate purchase contract is concluded for each shipping confirmation with regard to the products listed in that shipping confirmation.
(6) The customer can cancel their order free of charge until the goods are shipped. After shipping, cancellation is only possible in accordance with the provisions on the right of withdrawal. There is no right of cancellation for certain types of products and services, in particular digital content or software that is not supplied on a physical medium (e.g. CD or DVD), once the download or use (whichever occurs first) has started.
(7) Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs only arise if expressly agreed.
(8) If delivery of the goods fails due to the customer's fault, the Provider reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer without delay.
(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider's supplier fails to meet its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed without delay and any payments already made will be refunded.
(10) For orders of digital products that are made available by download, the customer receives a link to download the purchased digital content after receipt of payment. The right of withdrawal expires as soon as the customer has started the download and has expressly agreed that performance of the contract begins before the withdrawal period has expired.
(11) If delivery of the ordered products is delayed or becomes impossible due to force majeure or other unforeseeable, exceptional circumstances beyond the Provider's control – such as natural disasters, war, strikes or official measures – the delivery periods are extended accordingly. The Provider will inform the customer without delay of the unavailability. In these cases, the Provider is entitled to withdraw from the contract. The customer will be informed of the
withdrawal without delay and any payments already made will be refunded.
(12) The Provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed without delay and a new delivery date will be agreed.

§ 10 Transport damage

(1) If you receive the goods with obvious transport damage, please report such defects to the delivery person immediately and contact us without delay.
(2) Failure to report the damage or to contact us has no consequences whatsoever for your statutory
warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

§ 11 Warranty

(1) Warranty for private customers

If the customer is a consumer, the warranty is governed by the statutory provisions.
In addition to their 30-day return guarantee, consumers in the EU have a statutory warranty right of two years from delivery of the goods.

(2) Used goods

For used goods, the warranty period may be shorter than two years.

(3) Warranty for business customers

If the customer is not a consumer, a defect is remedied by replacement delivery or repair.
The Provider can choose whether supplementary performance is made by remedying the defect or by delivering a defect-free item. For business customers, the limitation period is one year. This restriction does not apply to claims for damages based on injury to life, body or health, nor in cases of intent or gross negligence.

§ 12 Liability (for private customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).
(1) If the customer is a consumer, liability is governed by the statutory provisions.
(2) The Provider's liability for breaches of contractual duties and in tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life,
body or health of the customer, to claims for breach of essential contractual obligations (cardinal obligations) and to compensation for damages due to delay pursuant to § 286 BGB. In this respect, the Provider is liable for any degree of fault.
(3) In the event of a negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the damage typically foreseeable. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose observance the customer may regularly rely.
(4) The aforementioned exclusion of liability also applies to negligent breaches of duty by the Provider's legal representatives or vicarious agents.
(5) The Provider assumes no responsibility for the content and accuracy of the information in the customers' registration and profile data or other content generated by the customers.
(6) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of delay, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after two years. The limitation period begins at the end of the year in which the claim arose
and the creditor became aware of the circumstances giving rise to the claim and of the identity of the debtor, or should have become aware without gross negligence (§ 199 (1) BGB).
(8) The Provider is entitled to check texts created by customers and files uploaded by them for
compliance with statutory and legal provisions. In the event of violations, the Provider reserves the right to remove such content in whole or in part where appropriate.
(9) Liability under the Product Liability Act remains unaffected.

§ 13 Liability (for business customers)

This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).
(1) The Provider's liability for breaches of contractual duties and in tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, body or health of the customer, to claims for breach of essential contractual obligations (cardinal obligations) and to compensation for damages due to delay pursuant to § 286 BGB. In this respect, the Provider is liable for any degree of fault.
(2) In the event of a negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the damage typically foreseeable. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose observance the customer may regularly rely.
(3) The aforementioned exclusion of liability also applies to negligent breaches of duty by the Provider's legal representatives or vicarious agents.
(4) The Provider assumes no responsibility for the content and accuracy of the information in the customers' registration and profile data or other content generated by the customers.
(5) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of delay, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and of the identity of the debtor, or should have become aware without gross negligence (§ 199 (1) BGB).
(7) The Provider is entitled to check texts created by customers and files uploaded by them for
compliance with statutory and legal provisions. In the event of violations, the Provider reserves the right to remove such content in whole or in part where appropriate.
(8) Liability under the Product Liability Act remains unaffected.

§ 14 Data protection

(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The Provider undertakes to treat customers' data confidentially and not to pass it on to third parties, unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right at any time to obtain information free of charge about the data stored about them and to request its correction, deletion or restriction of processing.
(3) Further information on data protection can be found in the Provider's privacy policy.

§ 15 Set-off and right of retention

(1) The customer is only entitled to set off if their counterclaim has been legally established or is undisputed by the Provider.
(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 16 Special provisions for digital products and services

(1) Digital products are generally made available to the customer by download or by email. After receipt of payment, the customer receives the corresponding access data or download links.
(2) The statutory rights regarding liability for defects apply to digital products. In the event of a defect, the customer has the right to supplementary performance, i.e. remedy of the defect or delivery of a defect-free product.
(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider accepts no liability for malfunctions or damage attributable to the customer's lack of technical requirements.
(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) apply.
(5) When making use of services, the customer undertakes to provide all necessary cooperation in good time and in full. If the customer fails to meet this obligation, the Provider may charge for the additional effort incurred as a result.

§ 17 Rights of use for digital content

(1) With the purchase of a digital product, the customer receives a simple, non-transferable right of use of unlimited duration for the acquired content, unless otherwise agreed.
(2) The customer is not entitled to reproduce, distribute or make the digital content publicly available, unless this is expressly permitted by contract.
(3) All copyrights remain with the Provider or the respective rights holder.

§ 18 User account

(1) When registering and creating the user account, the customer must provide complete and truthful information. The customer must keep their access data (username and password) safe and protect it from access by third parties. The Provider is not liable for damage resulting from misuse of the access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are
not permitted and may lead to blocking or deletion of the user accounts.
(2) The customer must update changes to their personal data, in particular contact and payment details, in the user account without delay. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.
(3) The Provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these T&Cs or if the customer provided incorrect information during registration. The customer can request deletion of their user account at any time. The Provider will delete the user account and all associated data without delay, unless statutory retention obligations prevent this. After deletion of the user account, the customer can only create a new user account by registering again.
(4) The Provider endeavours to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The Provider is not liable for damage caused by temporary unavailability of the user account, unless the Provider is responsible for the unavailability.
(5) The Provider reserves the right to change, extend or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they take effect. If the customer does not object to the changes within four weeks of receiving the notification of changes, the changes are deemed accepted. The Provider will separately point out this legal consequence in the notification of changes.

§ 19 Changes to the T&Cs

(1) The Provider reserves the right to change these T&Cs at any time with effect for the future.
(2) The changes will be communicated to the customer by email at least four weeks before they take effect.
(3) If the customer does not object to the changes within four weeks of receiving the notification of changes, the changes are deemed accepted. The Provider will separately point out this legal consequence in the notification of changes.

§ 20 Force majeure

(1) Events of force majeure that make delivery considerably more difficult or impossible for the Provider entitle the Provider to postpone delivery for the duration of the obstruction or to withdraw from the contract in whole or in part with regard to the part not yet performed.
(2) Force majeure includes all events beyond the Provider's control whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the Provider.

§ 21 Assignment of the contract

(1) The Provider is entitled, with four weeks' notice, to transfer its rights and obligations under this contractual relationship in whole or in part to a third party.
(2) In this case, the customer has the right to terminate the contract with immediate effect.

§ 22 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to all legal relationships between the Provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office.
§ 23 Online dispute resolution and participation in arbitration proceedings
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The Provider is willing to participate in out-of-court arbitration proceedings before a consumer arbitration board.

§ 24 Final provisions

(1) The contract language is German.
(2) The Provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under 18 may only use the website with the involvement of a parent or legal guardian.
(3) Should individual provisions of these T&Cs be or become invalid or unenforceable, whether at the time of conclusion of the contract or afterwards, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic purpose that the contracting parties pursued with the invalid or unenforceable provision.
(4) Amendments or additions to these T&Cs must be made in writing. This also applies to the waiver of this written form requirement.
(5) The Provider reserves the right to make changes to the website, rules, terms, including these T&Cs, at any time. The terms of sale, contract terms and T&Cs in force at the time of your order apply to your order, unless a change to these terms is required by law or by order of an authority (in which case they also apply to orders you placed previously).
(6) There are no verbal side agreements. Amendments or additions to this agreement must be made in writing.