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Conditions de modèle jouets Norbert Mietz

General Terms & Conditions valid from 01.10.2016
of model toy company Norbert Mietz - MSW Modellspielwaren, Josef-Reuschenbach-Str. 1, D-53547 Breitscheid, Germany

How to order?

Online: In our webshop, after creating a user account, including your address and payment mode under www.msw-modelle.com.
Your placed order is a binding offer for a conclusion of a contract. You will immediately receive an order confirmation, which does not mean we have accepted your offer. The contract with you is only concluded upon our confirmation of the order or when we have sent the product to you.
Please note: If you have not received an order confirmation, your email address might be incorrect.
By phone (Germany): Monday to Saturday 8 am to 6 pm 02683/966 800 or 02683 / 966801
By phone (international): Monday to Saturday from 8 am to 6 pm (+49) 2683/966800 or (+49) 2683/966801
By fax: 24 hours day and night; Germany: 02683 / 966802
International: (+49) 2683/966802
By mail: MSW-Norbert Mietz, Josef-Reuschenbach-Str. 1, D-53547 Breitscheid, Germany

How fast is shipping?

Delivery time: Within 1-3 working days at your place - given the item is currently in stock.
Shipping is done on a daily base with DHL.
Delivery: Shipping of exhibition news is arranged in order of incoming pre-orders.
Backlog: If an item you ordered is not available, we will include it in our backlog database. You don't need to order this item again.
Once this item is on stock, we will contact you.
There is no guarantee that all models are always available. Delivery may take up to 12 months or more. For this reason, we reserve the right to make partial deliveries. And we reserve the right to claim that our suppliers did not supply products correctly or on time.

For pre-orders, our estimated release date may change at any time. This is due to the fact that the release date is based on manufacturer's information and will constantly be updated by our team.
With your pre-order and, if applicable, your down payment, you accept this.
We will immediately refund any payments, should the pre-ordered model NO LONGER be produced and no replacement model* will be shipped by the manufacturer.
* It may occur that the manufacturer SLIGHTLY modifies a pre-announced model before it goes ino production.

What are the prices and shipping costs:

Prices, Price Adjustment Clause:
The prices at the product sites apply "ex works" and include the value added tax and other price components and are plus shipping costs.
We reserve the right in the case of contracts with an agreed delivery time exceeding four month to adjust prices in line with any changed costs, in particular due to labour agreements or changes in material prices. If the price increase is more than 5 % of the original price, the customer has the right to cancel the order.

Shipping costs:
You can find our current shipping costs on our website under help and faq > shipping & delivery. Orders from foreign countries will receive an invoice including the shipping costs before dispatch.

How can you pay and what are the costs?

Payment from Germany:
Delivery will be made on account, unless requested differently. Invoices are payable within 14 days of invoice date due net. Payments with Visa, Euro- / Mastercard or Paypal are also possible. Any modifications are subject to change without notice.

Payments from abroad:
If you pay with Visa, Euro- / Mastercard, shipping will be arranged immediately. When paying by check an additional fee of 15,- € will be charged. When paying by bank transfer to our bank account or Paypal, shippings will be arranged as soon as the invoice amount is credited to us. Please note that the costs of the international bank transfer are fully paid by you.

Raiffeisenbank Neustadt eG, IBAN: DE91 5706 9238 0002 0066 84, BIC: GENODED1ASN

Retention of Title:
We retain title to the goods until receipt of all payments in full.

What applies to transport risks?

If the purchase is a businessman, the risk of loss or damage to the goods passes to the purchaser upon dispatch. If the purchaser is a consumer, the risk passes to the purchaser upon delivery.

What about Privacy/IT-Security?

Orders are generated automatically according to your data as an e-mail and sent to MSW models.
Passwords and credit card information is not sent to your safety.
The information you provide is voluntary and will be processed confidentially by us.
These are stored in our database for order.
Disclosure to third parties will not, except the username for administrative purposes to our webmaster.
On your computer for a short time two cookies are created so that our shop can recognize you. Without cookies, you cannot order.

What applies in case of defects and when are we liable?

The statutory provisions regarding warranty shall apply. If the purchaser is a businessman, MSW Modelle shall choose either replacement or repair.
Notifications of defect shall be submitted to:

Herrn Norbert Mietz - MSW Modellspielwaren
Josef-Reuschenbach-Str. 1, D-53547 Breitscheid, Germany
Fax: +49 2683 / 966 802

Limitation of Liability:
In case of intent or gross neglicence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundemantal contract obligations. To the extent the breach of contract is unintentionally our liablity for damages shall be limited to the typically predictable damage.
Our liablity for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
Any liability not expressly provided for above shall be excluded

Instructions on withdrawal:

Right of withdrawal for consumer

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us:
Herrn Norbert Mietz - MSW Modellspielwaren
Josef-Reuschenbach-Str. 1, D-53547 Breitscheid, Germany
Fax: +49 2683 / 966 802
info (at) msw-modelle(dot)com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

What about Discount Campaigns?

Default discounts shall not be combined with further discount campaigns. Example: Max gets 10 % customer discount on all orders. Max orders a model from a discount campaign with 10 % discount. Consequently he shall not get 20 % discount, but 10 % discount.

What about Law?

German Law shall apply with the exclusion of UN Sales Law.
If the purchaser is a merchant, juridical person under public law or a public institution, the exclusive place of jurisdiction shall be Linz.

Complaints / Dispute Resolution

The European Commission provides a platform for out of court dispute resolution. This gives you the opportunity to resolve disputes related to your online order without judicial intervention. The dispute resolution platform is reachable via the external link http://ec.europa.eu/consumers/odr/. Our email:

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