Terms and conditions
(The legally binding German version of this translation can be found HERE)
Kehrer Modellbau concludes contracts with natural persons of full legal capacity or legal persons with residence in the German Federal Republic, a member state of the European Union, Australia, Canada, New Zealand, Switzerland or the USA ("customers").
If the purchase offer by an unquilified participant is accidentally accepted by Kehrer Modellbau, Kehrer Modellbau is entitled to cancel the contract within a reasonable period of time.
2. Scope of application
These General Terms apply to all mutual claims arrising from or in connection with a contract between the customer and Kehrer Modellbau, in its version valid at the time of the completion of the respective contract.
3. Contractual object
Kehrer Modellbau delivers goods or provides services after acceptance.of the respective order. Should Kehrer Modellbau subsequentially recognise any mistake, e.g. errors in item descriptions, prices or information about the item deliverability, Kehrer Modellbau will inform the customer. The customer can accept the offer once again under rectified conditions. Otherwise Kehrer Modellbau is entitled to withdraw from the contract.
4. instructions on withdrawal
Right of withdrawal
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 (Kehrer Modellbau, Thomas Kehrer, Peter-Strasser-Weg 18, 12101 Berlin, Germany, Tel.: +493078990885 Fax: +493078990884 E-Mail: email@example.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 withdrawal form included in the delivery, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website . If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
End of the instructions on withdrawal
5. Contract conclusion
5.1 The minimum merchandise value for orders in our online shop is EURO 10,-.
5.2 The contract materialises when Kehrer Modellbau accepts the order of a customer. The customer renounces a separate written acceptance, § 151 Satz 1 BGB. The customer will get informed about the conclusion of the contract by Kehrer Modellbau with an order confirmation or at the latest when Kehrer Modellbau delivers the ordered items or services.
5.3 When items are returned, Kehrer Modellbau does not accept freight collect shipments. The shipment method must support sufficient insurance for the shipped items and tracking / proof of delivery.
5.4 Reserved availability:
If Kehrer Modellbau recognises that the ordered items or services from Kehrer Modellbau are not available anymore or can not be delivered for legal reasons after conclusion of the contract, Kehrer Modellbau is entitled to offer or deliver goods or services equal in quality and price or withdraw from the contract. If the customer does not accept the substitute delivery, the ustomer is entitled to ship the items back to Kehrer Modellbau without charges. Payments will be refunded by Kehrer Modellbau immediately after the withdrawal from a contract or partial contract or after Kehrer Modellbau has received the rejected replacement delivery.
5.5 Kehrer Modellbau expressly points out that a return or refund for printed material, e.g. blueprints, instructions or catalogues is not possible.
5.6 Coupons / Vouchers have, until used for a purchase from Kehrer Modellbau, infinite validness. Refund or cash payout for coupons / vouchers is not possible. On purchases using a coupon / voucher from Kehrer Modellbau with an order invoice total below the coupon / voucher value, the remaining coupon / voucher amount will returned in form of a new coupon / voucher.
6. Delivery / Packaging / Shipping costs
Delivery happens fully insured, by the postal service that you have selected during your order process.
Shipment usually takes place within 1-3 workdays from the moment the payment for your order has been fully confirmed. Once the parcel has been handed over to the postal service, you will an e-mail including the tracking link for your parcel.
All items are carefully checked for damages prior to packaging. We package savely and ship in solid paper boxes.
6.3 Shipping costs
Because of the different nature of the items we offer, and the requirements to have them savely shipped, the shipping costs will be calculated for each item basket separately according to the selected destination country and shipping method. The shipment costs will always shown in the item basket as soon as it contains at least one item. No registration is required.
7.1 All prices on this website are stated in EURO and include VAT. Customers from non-EU-countries who have registered or are logged in, or if a non-EU-country is selected under Shipping costs within the item basket, all prices within the item basket will be calculated and shown without VAT.
7.2 If Kehrer Modellbau made a mistake or stated incomplete information on products details or prices, Kehrer Modellbau is entitled to inform the affected customer and rectify these mistakes or information as quickly as possible after gaining knowledge about these mistakes or required changes. The customer can either reconfirm his order or Kehrer Modellbau is entitled to withdraw from the contract.
7.3 All payments are accepted in EURO (EUR) only.
7.4 Prepayments by bank transfer from outside of Germany have to be done as "EU-STANDARD-ÜBERWEISUNG" (EU-standard money transfer), this means that the customer / orderer has to carry all bank charges (Foreign and German). The delivery of goods and services will be carried out only if the full invoice amount has been credited to our bank account.
7.5 All prices on this website are only valid for orders done with the online shop
7.6 Special offers and prices are valid only while they are offered and shown on this website. At this the time of the order receipt is relevant. Special offers and prices are valid only for orders done in this online shop.
8. Reservation of ownership
Kehrer Modellbau reverses the right of ownership on goods that shall be delivered by Kehrer Modellbau on the customer's behalf until final and complete payment of the goods to be delivered. In a warranty case, the ownership changes when both, Kehrer Modellbau has received back the item to be replaced and the customer has received the replacement item.
9.1 Kehrer Modellbau warrants that at the time of the shipment all products are free from damages that diminish or make void their common value or usability. Insignificant reduction of the value or usability are not taken into acount.
9.2 Additionally the customer has potential claims from warranty policies of the respective producer of technical products, which are included with some of the products. The customer is obliged to inspect the received goods for completeness and flaslessness and report any possible claims to Kehrer Modellbau within 7 days from receipt of the goods or servies with a writen note of defect. Hidden defects must be reported within the warranty period of the product as soon as possible after the defect appears.
9.3 The warranty period lasts 24 months and shall begin at the invoice date for products for private use. For commercial use the warranty period lasts 12 months beginning at the invoice date.
9.4 In case of an incomplete delivery Kehrer Modellbau will promptly deliver any shortfalls.Kehrer Modellbau reserves the right to initially either repair or replace defective items. If the repair repeatetly fails or the replacement is not to the reasonable satisfaction of the customer, the customer is entitled to either diminish the purchase price of the respective items or withdraw from the contract (Conversion).
9.5 Kehrer Modellbau warrants for single items purchased from Kehrer Modelbau, but not for a complex whole, except by (written) expressly agreement with the customer.
9.6 No warranty exists in cases of incorrect or improper use or in case where constant above-avarage mechanical stress of the items is caused by the customer. Wear parts are also excepted from warranty claims.
10.1 In the event of a culpable breach of cardinal obligations the liability of Kehrer Modellbau and Kehrer Modellbau's employees is limited to the typical, foreseeable damages. Kehrer Modellbau is not liable for any indirect damages.
10.2 Neither up to date computers nor up to date computer software always work error-free. Accordingly Kehrer Modellbau can not unconditionally always ensure an absolutely error-free technical operation of the on-line merchandise. Impodeerabilities of the Internet itself can occur. Therefore Kehrer Modellbau is not liable for any damage or loss if the customer's purchase offer was for technical reasons received but exluded or not recognized by Kehrer Modellbau. Excepted is a possible intention of Kehrer Modellbau.
10.3 Kehrer Modellbau's scope of liabilities in accordance with the product liability law remains unaffected.
10.4 The above regulations state the full scope of liabilities of Kehrer Modellbau, Kehrer Modellbau's management and its employees. Any further liabilities are excluded.
12. Choice of law
12.1 Legal circumstances between the customer and Kehrer Modellbau are subject to German laws. The application of the UN Convention on Contracts for the International Sale on Goods of 1988/01/01 is excluded.
12.2 The provisions from 12.1 leave compelling provisions of the law of the state, in which the customer has its usual place of residence, unaffencted, if and insofar as the customer has closed a contract which can not be accounted to the vocational or a commercial activity of the customer (consumer contract) and if the customer has performed the required legal acts for closing the contract in the country of the usual place of residence of the customer.
13.1 A right of the customer to compensation or withholding does not exist, unless the claim is indisputable or ascertained legally and judicially.
13.2 Place of performance for payments is at the registered office of Kehrer Modellbau, 12101 Berlin.
13.3 Should individual provisions of this contract completely or partially be legally ineffective or lose their legal effectivity later on, the validity of the contract shall not be affected by this. In this case, the parties undertake to agree on an effective provision instead of the ineffective provision, that, insofar legally possible, comes closest to the economical purpose of the ineffective provision, taking into account the interests of the parties, refected by this contract. The same applies if the contract reveals a missing provision unforeseen by the parties.
13.4 Exclusive jurisdiction is D-12101 Berlin.