General Terms and Conditions

General Terms and Conditions for the Online-Shop

WAREPOINT

Owner: Mr Gerhard Filoda, Esseler Str. 123, 45665 Recklinghausen/Essel, Germany

You can load the terms and conditions below into your RAM memory or request them by email from warepoint@online.com. In addition, you will receive a copy of the terms and conditions with every product delivery.
 
Foreword

The commercial homepage of WAREPOINT-Gerhard Filoda can be found at http://www.modelcarpoint.com.
On this website WAREPOINT-Gerhard Filoda presents an electronic product catalogue for orders placed over the Internet.  

1  Scope

The business relationship between WAREPOINT - Gerhard Filoda (in the following “modelcarpoint.com”) and the buyer shall exclusively be governed by the following General Terms and Conditions in force at the time of the order. Modelcarpoint.de only accepts any conflicting buyer’s terms and conditions where modelcarpoint.com has agreed to them expressly and in writing. The delivery of goods ordered as such shall not be deemed a confirmation to such terms and conditions on the part of modelcarpoint.com. 

2 Parties

The parties to these terms and conditions are WAREPOINT-Gerhard Filoda and the buyer.

3  Product Selection
 
(1)  You can select and order products.

(2)  You will receive a separate product description for each item. This product description shall additionally be supplied in hard copy upon delivery of the goods ordered.

(3)  You can click on the products you in which you are interested. These products will then be collected in a virtual shopping basket. When you have finished adding items to your shopping basket, a summary of the products will be displayed together with their total value including VAT.
Within 24 hours you will receive an email message with all information required for the bank transfer of the total order value.

(4) WAREPOINT-Gerhard Filoda will give you the option to check the correctness and accuracy of your order and to amend it, if required, before the order is confirmed.

4  Entering a Contractual Relationship 

Our online offering and shopping baskets shall only be deemed a non-binding invitation to make an offer. The order you place will then be an offer to us to conclude a purchase contract. After sending your oder on modelcarpoint.de we will send you a message by email confirming receipt of your order and listing the details (the “Order Confirmation”). This order confirmation shall not be considered as an acceptance of your offer but shall only inform you of our receipt of your order. The purchase contract shall only be concluded upon dispatch of the ordered product and confirmation of the dispatch through a second email message (“Confirmation of Dispatch”). When collecting the products in person, the purchase contract shall be concluded upon confirming pick-up, i. e. when we inform you that the goods ordered are ready for pick-up.

Modelcarpoint.com does not offer any products to persons under the age of 18 years; therefore you are requested in the order to state your age (among other things).

Please note that we sell all products in common household quantities only. This applies to the quantity of goods ordered in one order as well as to the placement of several orders for the same product, even if these orders are each for common household quantities only.
 
 
5  Right to Revocation

(1) If you act as a consumer not performing this transaction for commercial reasons, you can by law revoke your contractual declaration within 14 Days, without stating any reasons, in writing (by letter, fax or email) or by returning the goods. The deadline commences on the day after you have received the goods and the instructions on revocation in writing and once you have received all information required by the “Fernabsatzgesetz” (German Distance Selling Law) and once all relevant eCommerce obligations have been fulfilled. In the case of goods deliveries the deadline commences the day following receipt of the goods by the buyer (in the event of recurring deliveries of similar goods, not before the receipt of the first partial delivery) and not before we have fulfilled our information duties pursuant to Article 246 § 2 in Conjunction with § 1 Section 1 and 2 EGBGB and our Obligations in Accordance § 312e Section 1 Rate 1 BGB in Connection with Article 246 § 3 EGBGB. Timely dispatch of the revocation notice or of the goods will suffice for compliance with the revocation deadline.

(2) The revocation notice is to be addressed to:

Gerhard Filoda
WAREPOINT  
Esseler Str. 123
45665 Recklinghausen /Essel

Fax: +44 (0)3222-1185172
Email: warepoint@online.de

(3) Consequences of Revocation

In the case of an effective revocation, any services received by either party and any benefits obtained (e.g. interest) are to be returned.
If you cannot return the goods received in whole or in part or if you can return the goods in a deteriorated condition only, you have to compensate
us for the deterioration in this respect. This shall not apply if a deterioration of the goods is exclusively due to their inspection as would have
been possible in a retail store. Otherwise the buyer may avoid a duty of compensation due to normal wear and tear by not starting to use the goods
as if it were the buyer’s property and by avoiding any acts that could impair its value.

Objects that can be sent by parcel are to be returned to us at our risk. You have to bear the cost of the return if the delivered goods are in line with the goods ordered or if the price of the returned goods does not exceed an amount of € 40 or if, in the event of a higher price of the goods, you have not made the payment or a contractually agreed part payment at the time of the revocation.
Otherwise the return is free for you. Objects that cannot be sent by parcel will be collected from you. Obligations to compensate for payments must be fulfilled within 30 days. The deadline begins for the buyer upon sending the revocation notice or goods and for us upon receipt of the notice or goods respectively.

End of Revocation Notice

6  Prices  

(1) The agreed price shall prevail.

(2) The prices stated on the invoice shall always be the final prices including applicable VAT.

(3) The delivery charges shall be stated in the order form and have to be borne by the buyer. Modelcarpoint.com delivers free of charge within from an order value of 80.00 EURO,
       only Germany.
 

7  Availability of Goods

(1) If no stock is available of the goods selected by the buyer at the time of the order, modelcarpoint.de shall inform the buyer immediately. Should the product be unavailable for an indefinite time, modelcarpoint.com will not accept an order. In this case no contract is concluded.

(2) If the product ordered is only temporarily unavailable, modelcarpoint.de will inform the buyer immediately. Where the delivery would be delayed by two weeks, the buyer is entitled to cancel the order. Modelcarpoint.de is in this case also entitled to terminate the contract. Payments that the buyer has already made will be refunded without any delay.


8  Delivery Terms

(1)  Upon arranging a date, the goods can be collected from our office premises.
 
(2)  Communicated delivery schedules are not binding unless in individual cases the delivery date has been confirmed bindingly and in writing.
 
(3)  Should modelcarpoint.com be unable to deliver the goods ordered through no fault of their own – e.g. because a supplier of modelcarpoint.com does not fulfill his contractual duties, modelcarpoint.com is entitled to cancel the order. In this event the buyer shall be informed immediately of the unavailability of the ordered product. The remaining buyer’s rights shall not be affected.


9  Payment Terms

(1) The buyer can pay in advance, cash-on-delivery, via PayPal, by credit card or cash upon collection. Modelcarpoint.de will issue an invoice for the ordered product.

(2) In the case of cash-on-delivery orders the buyer will have to pay additional fees of 8.50 EURO plus a cash on delivery fee of 2.00 EUR charged by the postal service.

(3) The purchase price becomes due immediately upon the conclusion of the contract.

10  Retention of Title

Title to the goods delivered shall remain vested in modelcarpoint.de and shall not pass to the buyer until the purchase price for the goods has been paid in full.