General Terms and Conditions of Business
General Terms and Conditions for the online shop of RailAdventure GmbH
I. General information
1. The following General Terms and Conditions ("GTC") apply exclusively to all business relations between RailAdventure GmbH ("RailAdventure") and its customers within the framework of the online shop when the current version of the contract is accepted.
2. RailAdventure does not recognise any deviating Terms and Conditions presented by the customer, unless RailAdventure has provided its express written consent in this individual case.
3. All information is provided without guarantee. Under no circumstance shall RailAdventure be held liable for mistakes or transmission errors.
4. All books are subject to price maintenance. RailAdventure must therefore inform customers of any possible price changes administered at short notice.
II. Conclusion of the contract
1. The presentation of goods in the internet shop does not constitute a binding offer on the part of RailAdventure for the conclusion of the purchasing contract. The customer is simply asked to make an offer by placing an order.
2. A customer order represents an offer to RailAdventure for the conclusion of the purchasing contract.
3. Should the customer place an order with RailAdventure online, via email, telephone, fax or any other method of communication, the customer makes an offer as defined by §§ 145 et sqq. BGB [German Civil Code] for the conclusion of a purchasing contract with RailAdventure.
The customer will receive a confirmation of order receipt via email (order placement confirmation).
Confirmation does not indicate acceptance of the offer, but serves only to inform the customer that RailAdventure has received their order. In the case of possible errors in the information provided on the website concerning the range of products available, RailAdventure shall inform the customer separately, if necessary, and present the customer with a suitable counter-offer. The contract with RailAdventure shall come into force, if RailAdventure chooses to accept the offer either by sending the ordered product to the customer or by sending an email to the customer (dispatch confirmation).
4. A purchasing contract shall not be concluded for items from one and the same order which are not listed in the dispatch confirmation.
5. Acceptance of the order is subject to legal admissibility and availability of the order goods or services, as well as delivery of goods from suppliers. Should RailAdventure not be able to accept the offer made by the customer, the customer shall be informed about the lack of availability instead of acceptance of the order. Return services on the part of the customer which have already been rendered shall be reimbursed immediately.
III. Legal disclaimer
1. Claims for damages by the customer are excluded, unless otherwise subsequently determined. The aforementioned legal disclaimer also applies in favour of legal representatives and vicarious agents of RailAdventure, if the customer asserts claims against them.
2. Excluded from the determined legal disclaimer under fig. 1 are claims for damages arising from injury to life, physical injury or damage to health as well as claims for damages resulting from an infringement of key contractual obligations. Key contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract. For example, RailAdventure is obligated to ensure that the item is free from material defects or defects of title and that the customer receives said item. Also excluded from the legal disclaimer is the liability for damages, which are based on a deliberate or grossly negligent breach of duty on the part of RailAdventure, its legal representatives or vicarious agents.
3. The regulations stipulated in the Produkthaftungsgesetzes (ProdHaftG) [German Product Liability Act] remain unchanged.
IV. Cancellation policy and cancellation consequences
1. Cancellation policy
a) The customer can cancel the contractual declaration within 14 days without indicating any reasons in written form (for example, via letter, fax or email) or - if the item is placed at the customer's disposal prior to the expiry of this period - by returning the goods. This period begins after this notification is received in writing, but not before receipt of the goods by the receiver (in case of recurring deliveries of similar goods, not prior to receipt of the first instalment) and also not before both the information requirements of RailAdventure according to article 246 §2, in connection with §1 para. 1 and 2 EGBGB [Introductory Act to the German Civil Code], as well as the obligations of RailAdventure according to §312e para. 1 clause 1 BGB, in connection with article 246 §3 EGBGB, have been fulfilled. The cancellation period is observed by the timely sending of the cancellation notice or item.
b) The cancellation of the product return is to be addressed to:
80636 Munich, Germany
Fax: +49 (0)89 379 619 - 59
2. Cancellation consequences
a) In the case of an effective cancellation, the mutually provided goods and services shall be returned, including any benefits gained from the use of such services (for example interest), if necessary. If the customer is unable to return the received services to RailAdventure in full or in part or if so, only in a deteriorated condition, the customer is obligated to compensate RailAdventure for the loss in value, insofar as this is necessary. In the case of transfer of goods, this does not apply if the deterioration of the item is solely attributed to its inspection - as would be possible for a customer in a shop, for example. The customer can also avoid the obligation of compensation for value loss due to deterioration by treating the good with care, by refraining from using the good as if it were their own property and avoiding any activities which could impair or reduce the value of the good. Transportable goods are returned at the risk of RailAdventure. The customer is obligated to bear the costs for returning the goods, if the delivered good corresponds with the ordered item and if the price of the item to be returned does not exceed EUR 40. The same also applies if, in the case of a higher priced item at the time of cancellation, the customer has not yet provided the return service or contractually-agreed partial payment. Otherwise, the customer can return the delivered item free of charge. Goods that cannot be posted shall be collected from the customer. Obligations for the refunding of payments must be fulfilled within 30 days. For the customer, this period begins with the sending of a cancellation declaration or the item itself. For RailAdventure, this period begins once the item or cancellation declaration has been received.
V. Delivery and dispatch costs
1. Delivery to the delivery address, provided by the customer, shall occur within 2 to 5 working days. Information concerning the delivery date is non-binding, providing the delivery date has not been expressly confirmed.
2. Delivery occurs subject to the dispatch costs stated in the respective order. RailAdventure delivers its products by mail or packet delivery service of its choice.
3. RailAdventure is entitled to part deliveries and part services at all times, providing that this is reasonable for the customer. If part deliveries are carried out by RailAdventure, RailAdventure shall undertake the addition postal charges.
4. In the case of goods imports to countries outside of Germany, import duties may apply, which are to be covered by the customer. This varies is different customs areas. The customer is responsible for the correct processing of all necessary duties and fees.
VI. Due date, payment and delay
1. The respective payment options displayed in the ordering process apply.
2. If the customer's payment is late, RailAdventure is entitled to demand interest for delay amounting to 5% above the respective base interest rate (§247 BGB). If Rail Adventure incur a greater loss owing to the delayed payment, RailAdventure has the right to enforce this.
VII. Reservation of proprietary rights
The delivered good remains the property of RailAdventure until the good has been paid for in full, according to §455 BGB.
VIII. Responsibility for defects
1. RailAdventure adheres to the legal warranty regulations in the case of defective goods. The customer should report any obvious material or manufacturing defects to delivered goods, including any transport damages, to RailAdventure or the supplier. Insofar as RailAdventure provides the customer with a purchasing guarantee, the details are to be taken from the terms of the guarantee, which are enclosed with the respective goods delivered.
2. Liability claims by the customer are subject to a limitation period of two years for newly manufactured goods, and one year for used items. With respect to companies, the limitation period is one year for both newly manufactured goods and used items. The aforementioned reduction of the statutory periods of limitation applies not only to customer claims for damages arising from injury to life, physical injury or damage to help, but also to claims for damages resulting from an infringement of key contractual obligations. Key contractual obligations are those the fulfilment of which is necessary in order to achieve the objective of the contract. For example, RailAdventure is obligated to ensure that the item is free from material defects or defects of title and that the customer receives said item. In the same way, the aforementioned reduction of statutory periods of limitation does not apply to claims for damages which are based on a deliberate or grossly negligent breach of duty on the part of RailAdventure, its legal representatives or vicarious agents. With regard to companies, the recourse claim is also excluded from the reduction of statutory periods of limitation according to §478 BGB.
IX. Place of jurisdiction
The place of jurisdiction for all conflicts arising from the contractual relationship between the customer and RailAdventure is the headquarters of RailAdventure, providing that the customer is a businessman, a legal person under public law or a special fund under public law.
X. Legal information for consumers
1. The important features of the goods provided by RailAdventure are detailed in the product descriptions in the online product range of RailAdventure.
2. The language available for conclusion of the contract is German.
3. Complaints and warranty claims made by the customer can be sent to the address given in the legal notice.
4. The contract text (customer order) shall be saved. The customer can access and save the General Terms and Conditions (GTC) of the contract onto their computer at all times by visiting www.railadventure.de. The exact order information and the General Terms and Conditions of the contract shall be sent to the customer via email.
Munich, November 2011