www.modell-gameworld.com Owner: Andreas Schulz Im Zelgle 8, 79780 Stühlingen www.modell-Gameworld.com (Inh. Andreas Schulz), in the following www.modell gameworld mentioned, operates a Website for commercial purposes under several Domains (www.modell-gameworld.com) and offers its customers on this Websites goods and services over Internet. In addition model Gameworld offers goods and services also over various Internet sales platforms and in the context of Internet auctions. 1. All contracts, which the customer over Internet or by means of other remote means of communication with model Gameworld locks, this AGB is the basis excluding. This recognizes the customer with its order and/or with its requirement delivery (with Internet auctions) expressly on. 2. Offer and Vertragsschluss2.1 those in writing, by telephon, by Internet auction or by email given orders of the customer are offers, to which the customer is bound in principle one week. The contract comes off by confirmation of order or transmittal and/or delivery of the commodity within this week period. With Internet auctions or other sales against highest bid the contract conclusion carries out itself automatically with highest bidder in each case with the end of the auction. Regarding the conclusion of a contract with “eBay” apply for the customer there observable the AGB of “eBay”. 2.2 any delivery obstacles are communicated to the customer at the latest of model Gameworld immediately, however within one week. 2.3 the offers of model Gameworld is not-binding and stands under the reservation of the punctual self supply and availability of the commodity, if not in individual cases expressly something else one agreed upon in writing. A delivery impossibility or a disregard of dates of delivery because of complete or partial unavailability of the commodity entitled the customers at fruitless operational sequence of an appropriate, however at least fortnightly respite for withdrawing from the contract. Large rights are not entitled to the customer in this case. 2,4 partial deliveries are permissible. 3. Rückgaberecht3.1 if the customer consumer in the sense of § 13 BGB is, has it the right, supplied goods, which he bought or ersteigert over Internet or using other remote means of communication with model Gameworld, without returning indication of reasons within two weeks by return to the above address of model Gameworld. This period begins at the earliest with receipt of the commodity and this instruction. Only with commodity not package-capable of being shipped (e.g. at bulky goods) the customer can explain the cancelling also by a bare cancelling demand in text form, thus by letter, fax or E-Mail. For keeping the punctual sending off of the commodity or the cancelling demand meets the period. 3.2 the commodity is to be sent back complete and in a perfect condition including all intact packing parts and in an insured parcel at model Gameworld. An uninsured mode of shipment is possible only if it concerns small articles or goods of smaller value, which was not sent to the customer also by model Gameworld by parcel. The return takes place at expense and danger from model Gameworld. 3.3 with commodity values up to EUR 40.00 the customer carries the costs of the Warenrücksendung, it is, the supplied commodity corresponds not from him ordered. If the commodity value amounts to more than EUR 40.00, model Gameworld takes over the costs of the return of the commodity. In this case model Gameworld sends to the customer either first a package sticker in form of a “Freeway mark” or refunds the costs of the return to the customer as well as the purchase price. If a customer does not use it sent “Freeway mark” for the return at model Gameworld, then other one refunding of the back transmission costs is possible not. Unfreely dispatched returns are not accepted by model Gameworld in principle, but are not sent back by the post office immediately to the sender. 3.4 a return right does not exist in principle with contracts over those - Supply of goods, which are offered not on the Websites by model Gameworld and are not led in the assortment by model Gameworld, but are not ordered on express desire of the customer specially for him or after defaults of the customer were manufactured or worked on, - Supply of goods, which used and/or one damaged. 4. Refunding the purchase price with Rückgabe4.1 immediate, at the latest however within 10 working-days after back receipt of the commodity becomes model Gameworld refunding the paid purchase price as well as the costs of the return, if necessary resulted, makes. For this the customer has in time, at the latest with the return to give its bank account well-known. 4.2 a refunding of forwarding expenses paid by the customer for the forwarding of the commodity to it does not take place, it is, this concerns a case of guarantee. 4.3 requirement on Rückerstattung entire purchase price exists not, if the value of the commodity by use, which goes beyond the usual examination of the commodity, how she would have been possible the customer also in a Ladengeschäft, by damage of the commodity or its packing or by other circumstances, which the customer has to represent, is reduced. In this case model Gameworld a in individual cases appropriate departure for the depreciation becomes makes. If the depreciation of the object of the purchase should be so substantial the fact that model Gameworld a resale of the commodity is possible with untenable losses not possibly or only is a cancelling of the purchase thing in principle impossible. 5. Prices and Versandbedingungen5.1 it apply the prices, which were represented at the time of the order on the Internet sides. A correction of obvious mistakes remains reserving model Gameworld. 5.2 all prices understands themselves in EURO and contains the legal value added tax. This is the customer separately document of identificationable, so far the commodity not as “opportunity” of the difference taxation after § 25a exp. 2 UStG is subject when desired or so far not from other reasons - e.g. with commission business - a separate document of identification is not impossible. To customers outside of the European Union applies gross to net. 5,3 Evt. resulting packing and forwarding expenses are included the prices. In time communicated account exclusively of 5.4 the dispatch of the commodity takes place from model Gameworld against Vorkasse, on that the customer. 5.5 the dispatch of the commodity at the customers takes place after possibility within two working-days starting from receipt of payment. About any delays the customer is informed by model Gameworld. 5.6 with entrance of the order the commodity is reserved by model Gameworld for the customer. If a payment does not take place within one week starting from conclusion of a contract, then model Gameworld reserves itself other one order over the commodity. 5.7 the commodity in most cases one supplies as insured package, apply on the Website indicated forwarding expenses. 6. If a supply should not have taken place due to appropriate written agreement with the customer against Vorkasse in the exceptional case, then the property at the supplied commodity turns into only with complete payment of the purchase price on the customer. Before passage of title the customer is not entitled for orders over the commodity. As long as model Gameworld is owner of the commodity, the customer has to inform model Gameworld immediately, if third rights at the commodity, equal which kind, make valid. 7. Guarantee 7,1 in accordance with § 437 BGB has the customer with lack of the supplied thing first only one requirement on Nacherfüllung. Only after two unsuccessful Nacherfüllungsversuchen of model Gameworld the further legal warranty claims, like reduction of the purchase price and cancellation of the contract, are entitled to the customer. 7.2 it comes with defective new commodity to a rework (repair), then has the customer the commodity on demands of model Gameworld - to the support of a brisk completion of the case of guarantee - directly to the manufacturer to send, whose address is communicated to the customer immediately by model Gameworld. Model Gameworld refunds forwarding expenses here resulting to the customer, if the manufacturer does not make a refunding. 7.3 the legal guarantee periods apply. The guarantee is however for batteries and wearing parts limited to 6 months. 7,4 warranty laws are in principle impossible with goods, which are sold exclusively as historical pieces of collecting tank without function warranty and called such. 7.5 data for the function and use of new and Gebrauchtware or other technical information gives MACHINE PROFESSIONALS after best conscience and due to existing experiences. These data represent however in principle no condition warranty for the commodity. Each return of a defective commodity requires 7.6 the previous tuning with model Gameworld, in order to be able to examine whether by forwarding of more appropriate and by the customer easily spare parts the guarantee expenditure which can be inserted in relation to a return of the commodity can be minimized not if necessary. If a return of the commodity is agreed upon, then this has to be complete. 7,7 model Gameworld it is justified to make achievements from guarantee dependent on the fact that the customer sends the defective commodity back before to model Gameworld or the manufacturer and makes an examination possible of the complaints. It turns out that an error cannot be recognized despite detailed examination or turns out that the error was caused by the customer, is impossible warranty claims. The customer the commodity is then sent back in defective condition, it is it before in writing ready for the assumption of the repair and forwarding expenses explained itself. If necessary the customer a representational allowance is computed. 7.8 as if warranty-oh-point is sufficient the collecting main of a copy invoice. 8. Transportschäden8.1 transport damages can be recognized in principle only if they are indicated model Gameworld at the latest of the customer immediately, however to 48 hours after receipt of the commodity, in writing or by email, whereby it depends for period keeping on the punctual sending off of the announcement. 8.2 with transmissions, which are carried by the German post office or a parcel service, is to be noted from the outside visible damage to the packing on the distribution voucher of the driver. Only during package opening ascertainable transport damages are to be given after receipt to the transmission in form of a minute immediately well-known. This is incumbent on the customer just like the immediate report of the transport damage at model Gameworld an offence against these Obliegenheiten has the exclusion of a claim to the consequence. 8.3 the customer communicated in the period of number to 8,1 that the commodity on the post office way damaged or was lost, then model Gameworld immediately claims opposite the causer will announce or investigation requests regarding the whereabouts of the commodity will place. Model Gameworld is not obligated to accomplish a replacement at the customers or to return the purchase price at the customers, as long as the transport damage was not clearly determined or the investigation procedure was not locked yet. 9. HaftungEine over the regulations in number 7 going out adhesion of model Gameworld for direct or indirect damage - equivalent from which argument and so far legally permissible - is impossible, it is the cause of the damage been based on resolution, rough negligence, bad-cunning concealing of a lack or on the absence of assured condition. 10. Higher one force for the case that model Gameworld cannot furnish the owed achievement due to higher force (in particular war, natural catastrophes), is model Gameworld for the duration of preventing released from the obligation to perform. If model Gameworld the execution of the order and/or supply of the commodity is longer than one month impossible due to higher force, then the customer is entitled to the cancellation of the contract. Further rights are not entitled to the customer in this case. 11. Sonstiges11.1 of these conditions deviating or these conditions supplementing agreements require writing in individual cases to their effectiveness. The legal regulations in all other respects apply for 11.2. 11.3 it apply German right. The validity of the “convention of the United Nations over contracts over the international goods purchase from 11 April 1980” is impossible. 11,4 place of delivery are the company headquarters of model Gameworld. Area of jurisdiction for all disputes from the contractual relation is 50127 mountain home, if the customer “entrepreneur” is in the sense § 14 BGB. In all other cases the legal area of jurisdiction applies. 11.5 in the judgement of 12.03.1998 decided the regional court Hamburg, that one has to along-answer for contents of the left sides by set left on own web pages if necessary. This can be prevented only by the fact that one dissociates oneself expressly from these contents. Here by us it is expressly explained that we do not have any influence on the organization and contents of the left sides. We dissociate ourselves for this reason expressly from all contents of all left sides and make themselves contents not own. 12. Salvatori clause Should be totally or partly legally ineffective one or more regulations of the present Treaty, then thereby the validity of the remaining regulations is not affected. To the place of the ineffective regulations steps retroactively contentwise as same a regulation as possible, which comes the purpose of the intended regulation next.