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General Terms and Conditions
of Lokshop GmbH, Froschhöhle 9, 76229 Karlsruhe, Germany
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Art. 1 |
Introduction |
(1) |
The
following General Terms and Conditions apply to all contracts that
we conclude with you, our customers, for the supply of our goods and
services. |
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Art. 2 |
Settlement of Costs in
Relation to the Right of Withdrawal for Consumer Orders
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If the consumer chooses to exercise his/her right of withdrawal in
accordance with Art. 3, he/she must bear the regular costs for
sending back the goods, if the goods supplied are those that were
ordered.
The following "Art. 3 Cancellation Policy, Right of Withdrawal"—the
statutory policy wording—informs you about the
- Requirements
- Exercising [that right]
- And consequences of the right of withdrawal for consumers.
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Art. 3 |
Right of Withdrawal |
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In
accordance with the statutory regulations on distance selling, you
have the right to withdraw your contract statements to purchase our
goods as set out in the following cancellation policy: |
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Cancellation Policy, Right
of Withdrawal |
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Art.
3.1
Right of Withdrawal
You have the right to withdraw from
this contract within 14 days without giving a reason.
You have the right to withdraw within 14 days from the date on which
you or a third party nominated by you, who is not the carrier, has
taken possession of the last item.
To exercise your right of withdrawal, you must notify us of your
decision to withdraw by sending us a clear statement by mailed
letter, fax or email (Lokshop GmbH, Froschhöhle 9, 76229 Karlsruhe,
Germany, tel. +49 (0) 721 49035 0, fax: +49 (0) 721 4903520; email:
mail@lokshop.de) confirming your intention to withdraw from this
contract. You may use the enclosed sample cancellation form to do
so, although this is not mandatory.
It is sufficient for you to send notification that you are
exercising your right of withdrawal before the end of the
cancellation period. |
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Art. 3.2
Consequences of Withdrawal
If you withdraw from this contract, we must
return to you all payments that we have received from you, including
any delivery costs (with the exception of any additional costs
incurred should you have selected a type of delivery other than the
cheapest standard delivery we offer), without delay, and at the
latest within 14 days of the date on which we received notification
of your intention to withdraw from this contract. We will use the
same method of payment that you used to make the original
transaction to make this repayment, unless we have explicitly agreed
something to the contrary with you. We will never charge you
anything for this repayment.
We may refuse to make the repayment until we have received the goods
back, or until you have proven that you have sent back the goods —
depending on which occurs first.
You must return or hand over the goods without delay, and certainly
within 14 days of the date on which you notify us that you are
withdrawing from this contract. This deadline will be deemed to have
been met if you send off the goods within the 14-day period.
You must bear the costs directly associated with returning the goods.
The estimated costs within Germany are between EUR 50 and EUR 100
for ready-made layouts that may only be sent by courier. Please get
in touch with us beforehand, as ready-made layouts need to be sent
back directly to the manufacturer.
You will only need to pay for any diminished value in the goods if
this diminished value is due to your failure to make adequate checks
of the quality, properties and functionality of the goods. |
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End of the Cancellation
Policy |
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Art. 4 |
Contract Conclusion |
(1) |
You may
conclude contracts in our website shop in German or in English. |
(2)
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When you
go through the online ordering process, you submit a binding offer
when you enter the details required there and, as a last step in the
order process, submit the order by clicking the "buy" button. Once
you have submitted your order, we will send you an email that
confirms receipt of your order and details the items ordered. |
(3) |
This confirmation of
receipt does not constitute acceptance of your offer, but is
intended only to inform you that we have received your order. You
will receive all the customer information that you should print out
for your files by the time the goods are delivered at the latest. |
(4) |
The purchase contract
will come into effect when the goods are dispatched. |
(5) |
We will
keep a record of your orders. Should you lose any of your
documentation relating to your orders, please contact us by email/fax/telephone.
We will be happy to send you a copy of your order information.
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Art. 5 |
Delivery |
(1) |
Please
understand that we cannot hold all of our manufacturers' items in
stock. Our website will provide you with information about the items
that we hold in stock — this information is updated on a daily basis
(information is provided without any guarantee). In exceptional
cases, it can arise that individual items are no longer available in
stock at the time the order is processed despite showing as
available when the order was submitted. We will inform you if this
is the case.
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(2)
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Where applicable, you can obtain the manufacturers' current delivery
times from the manufacturers' websites. We point out with good
reason that manufacturers very rarely provide information about
delivery delays to the distributors. |
(3) |
We will
notify you by email if the estimated delivery date cannot be met.
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(4) |
You can
preorder any new items. Following delivery by our suppliers, we
will dispatch orders in the order in which we received them. |
(5) |
Information regarding the validity period of our time-limited offers
can be found where the offers are displayed in the shop. Despite
careful provisioning, promotional items may sell out faster than
anticipated. We therefore do not provide any guarantee of delivery.
The items in question are therefore only available while stocks
last. |
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Art. 6 |
Defects and Warranty
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(1) |
Even with the best of care and the best control measures in place,
defects may arise in the goods — whether these defects are due to a
manufacturing error or transport damage. |
(2) |
Should
you receive defective goods, you have the right to demand a
replacement or a subsequent delivery. If we are unable to rework the
product or provide a subsequent delivery within a reasonable period
of grace set down by you, you have the right to reduce
the agreed payment or withdraw from the contract. |
(3) |
Please do not send any
carriage-forward shipments back to us. |
(4)
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We will provide
compensation due to defects in accordance with the statutory
regulations, but only within the scope of the limited liability
agreed in Item 10. |
(5)
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The
warranty period for all goods purchased from us is two years. |
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Art. 7 |
Retention of Title |
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Any
goods supplied remain our property until we have received payment in
full. |
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Art. 8 |
Prices |
(1) |
Our prices are gross
prices and include the actual sales tax. We will deduct
the sales tax for any deliveries that are made to non-EU
countries. |
(2) |
Any
dispatch costs as set out in Item 7 and any fees associated with
payment transactions as set out in Item 8 must be added to our
prices. |
(3) |
All deliveries are made at the prices valid on the day the order was
placed, as detailed on our price list. However, if delivery dates of
more than four months after submission of the order are agreed, or—particularly
in the case of advance orders—if delivery is only agreed after we
have received the goods ourselves and the goods are delivered to you
more than four months after the order was submitted, then the
prices valid on the delivery date will apply. |
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Art. 9 |
Shipping Costs |
(1) |
Delivery within Germany: Shipping costs of EUR 7.49 plus any surcharges
for bulky goods are added to any order. For
single rails/track beds of more than 60 cm in length, and for other
bulky and heavy items (such as display cases, ready-made layouts
etc.), or for any special shipping requests (mailing costs plus
packaging at cost price), we charge the shipping costs actually
incurred plus any surcharges, such as surcharges for bulky goods or
express delivery.
There may be a surcharge for bulky goods. |
(2)
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For deliveries abroad,
shipping costs are charged based on the costs actually incurred. |
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Art. 10 |
Payment
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(1) |
Our
invoices are due immediately, strictly net cash. No cash discount is
granted.
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(2)
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For orders within Germany, we will only supply first-time customers
against payment in advance. You will receive a pro-forma invoice for
payments in advance. The items are then reserved for you for two
weeks. Once you have paid the pro-forma invoice, the goods will be
sent to you with an original invoice without delay.
We accept payment by SEPA Credit Transfer for orders within Germany regular customers and, by separate agreement, from first-time
customers (following a Creditreform check). If you are a regular
customer and paying by direct debit, we will deduct the money from
your bank account when the goods are dispatched at the earliest. If
a bank debit memo bounces, we are currently charged EUR 6 by the
bank concerned, which is then passed on to you.
For cost reasons, we do not accept payment by credit card for orders
within Germany. |
(3) |
For orders from countries outside the EU, we accept the following forms of payment:
- Credit card (VISA, VISAelectron, MasterCard, American
Express); The credit card fees are outside the EU
3.0 %.
- Advance payment
No charges may be passed on to us for any transfers from abroad. |
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Art. 11 |
Communication |
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If you
have any questions, please address these to us in writing or by
email. When sending email inquiries, please consider that these have
to be processed by someone, and that we need specialist staff to do
this. We are unable to call upon the services of call centers, and
also cannot employ large numbers of people simply to handle emails.
The margin in the model train retail sector is simply too low. We do
our best to fulfill your requests. This takes time, and the time we
use to process emails is then not available to us to handle your
order.
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Art. 12 |
Other/Data Protection |
(1) |
Your
personal details (e.g. title, name, address, email address,
telephone number, bank details, credit card numbers) are processed
only in the manner permitted by German data privacy legislation. Our
data privacy policy complies with the German Federal Data Protection
Act and the German Telemedia Act. The following regulations provide
you with information about the nature, scope and purpose of
collecting, processing and using personal data. This data privacy
statement relates only to our website. If the links on our website
should take you to other websites, please look on these websites for
information about how your data is handled there. |
(2) |
Karlsruhe is the sole
place of jurisdiction for any disputes arising from the contract
concluded between us if you are a merchant or if you do not have a
general place of jurisdiction within the Federal Republic of
Germany. |
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Lokshop GmbH
Froschhöhle 9
76229 Karlsruhe
Deutschland
Lokshop GmbH is represented by: CEO Roland Bär
Register Court: District Court of Mannheim, Commercial
Register registration number: HRB 709700
Sales tax identification number in accordance with Art. 27a of
the German Value Added Tax Act: DE 272152824
Tel.: + 49 (0) 721 49035 10 (telephone contact hours: 10am–12 noon
Fax: + 49 (0) 721 49035 20
Email: mail@lokshop.de
Website: www.lokshop.de
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Person responsible as defined by the German
Telemedia Act:
EdvBaer — network and system consulting and programming
Roland Bär
Froschhöhle 9
76229 Karlsruhe
Tel.: +49 (0) 721 4903550
Fax: +49 (0) 721 4903551
Email: mail@edvbaer.de
Website: www.edvbaer.de
Sales tax identification number in accordance with Art. 27a of the
German Value Added Tax Act: DE 241349679
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Registriernummer des Verpackungsregisters : DE3583790922448
WEEE registered in GB RN WEE/AU4267YC
Copyright 1998 — 2023 Lokshop GmbH. Last revised: 2023-08-12
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Taking Back Used Single-Use and Rechargeable
Batteries
- Our take-back obligation, as a retailer:
As a retailer, we are legally obliged to accept the return of single-use and
rechargeable batteries that have been purchased from us free of charge. Please
accept this offer and help us to keep our environment clean.
- Your obligation to return, as a consumer:
Single-use and rechargeable batteries must not be disposed of in household
waste. Consumers are legally obliged to dispose of used single-use and
rechargeable batteries only through the retailer or at special collection points.
If you would like return to us any single-use or rechargeable batteries
purchased from us, please ensure that you have paid sufficient postage.
Batteries carry the "do not dispose of in household waste" symbol and one of the
chemical symbols
- Cd (= battery contains cadmium)
- Hg (= battery contains mercury) or
- Pb (= battery contains lead).
Do Not Dispose of Old Electrical Devices in
Household Waste
- As of March 24, 2006, the disposal of electrical devices in household waste
is not permitted. This ruling applies to all electronic and electrical devices,
from electric toothbrushes to home tanning beds, from washing machines to
digital cameras — no matter how old the device is. This also includes bulbs,
fluorescent tubes and energy-saving lamps.
- Cities and communities take the devices back free of charge. The goods may
be taken to collection points or may even be picked up. Existing collection
systems are generally used, e.g. refuse collection yards, bulky refuse
collection services.
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