General terms and conditions of business for consumers (private customers)

1.  Scope
The following terms and conditions in the version currently valid at the time the contract is concluded apply to all contracts that Multiplex Modellsport GmbH & Co. KG concludes with consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2. Contractual partner, contract language
a.
The contractual partner is Multiplex Modellsport GmbH & Co. KG, Westliche Gewerbestraße 1, D 75015 Bretten-Gölshausen.
b.
Only the German, English or French language is available for the conclusion of the contract.

3. Offer, Pricing
a.
The presentation of our products and services in catalogues, flyers, brochures, advertisements, on our website and in the online shop does not represent a legally binding offer on our part, but a non-binding proposal for the conclusion of a contract.
b.
The price stated for the respective product or service is the currently valid sales price in EURO including the statutory sales tax in Germany valid at the time of the order.
If the goods are shipped to an EU country or Switzerland / Liechtenstein, the sales tax applicable in the country of delivery is decisive. This can lead to different sales prices due to the different tax rates. Before the contract is concluded, you will be informed of the actual sales price.
When shipping the products / services outside the EU or Switzerland / Liechtenstein, the price is net, i.e. without sales tax and other levies. See also 6.  
We do not offer a subsequent "VAT Refund Service" for self-exported products and services.
Our pricing is always “ex works”, i.e. you as the buyer have to bear the shipping costs in addition to the stated product prices. Further details on the shipping costs and shipping conditions are described in more detail under 6.

4. Ordering process, conclusion of contract, data protection, contact
a.
We offer you the following options for ordering or purchasing our products and services:

1.    Order Form
If you send us your order in the form of a fully completed and signed order form, this represents a binding offer from you to us. We can accept this offer within two weeks by sending an order confirmation or by shipping the ordered products and services.

For repairs that are sent in or handed in at our sales and advice center with a fully completed and signed order form, the cost approval given on it is considered a binding offer on your part, up to the amount of which we accept this offer within two weeks by confirming the order or accept it by sending the repaired / replaced items including our services.
The order form can be accessed and downloaded from our website.

2.    Informal orders by letter, fax, e-mail, telephone
We will create a personal and non-binding offer for you and send it to you. If you wish to accept the offer, please let us know in writing, stating the offer number. This is then a binding offer on your part to us, which we can accept within two weeks by sending an order confirmation or by shipping the products and services.
The same procedure applies to repairs that are sent in or handed in to our sales and advice center without an order form and cost approval. This also applies if the cost allowance specified on the order form is exceeded or the form is incomplete. This also applies to products sent in or handed over for which a warranty has been requested but which we do not recognize.

3.    Visit to our sales and advice center
You will receive a binding offer from us for the sale of products, which you accept by paying the offered purchase price immediately or by taking the products with you (purchase on account).
As far as possible, you will receive a binding offer for the sale of services (in particular repairs), which you accept by paying the offered purchase price immediately or by taking the service or the repaired products with you (purchase on account).

4.    Online store
Orders via the Multiplex online shop are only possible for people with a delivery address within the European Union, regardless of their place of residence, origin and nationality.
With your order in the online shop you make a binding offer to us. When a contract is formed between you and us depends on the payment method you have chosen:
If you choose the payment option "payment in advance", "invoice" or "payment on collection", a contract is formed between you and us when we accept your order. The declaration of acceptance takes place in a separate e-mail within two weeks of the order date.
If you select the "credit card" payment option, a contract is formed between you and us when we charge your credit card for the purchase price.
If you select the "PayPal" option, a contract is formed between you and us when you have completed the payment process with PayPal.
You can initially place our products in the shopping cart without obligation. You can display the shopping cart at any time, add or remove other items from there, change the order quantity, or proceed to the checkout.
For products that cannot be purchased via the web shop, you have the option of sending us a message using the "Requests" button. You will then receive an individual offer from us if necessary. Order processing takes place in accordance with No. 4 a) 2..

The currently valid shipping costs and shipping flat rates can be found under "Payment & Shipping". In addition, these are displayed when completing the order and can be selected by you depending on the country of delivery.
From the shopping cart, click on the "Checkout" button to register. Here you can log in with your existing login data or register for a new one. If you are already registered, you can also log in before visiting the shop.
By clicking on the "Continue" button, you will now be taken to an updated shopping cart view. From this overview you can see whether the items you want can be delivered to your country and what the actual sales price is, taking your local sales tax into account (see No. 3).

At this point you can modify the shopping cart again, add or remove items and change quantities.
In the next step you can edit your delivery address if it differs from the billing address. For tax reasons, the delivery address must be in the same country as the billing address.
By clicking on the "Next" button you will get to the shipping and payment options. Select the options you want here.
By clicking on the “Continue” button you get to the order overview. Here you can check all the information again and change it if necessary. Here you will also see the actual price to be paid, including local sales tax and shipping costs.
By clicking on the "Order binding" button, you place your binding order. Depending on the selected payment method, you may now be redirected to the websites of the payment service providers (PayPal, VISA, MasterCard).
Your credit card data will be transmitted using SSL encryption. Billing is carried out by the service provider we have commissioned, PAYONE GmbH, Lyoner Str. 9, D-60528 Frankfurt / Main, www.payone.com.
We save the text of the contract and send you a confirmation of receipt by e-mail for your information, which lists your order again. This e-mail is only intended to inform you that we have received your order.

b.
For the processing of your inquiries and the sale of products and services, we process your personal data in compliance with the statutory data protection guidelines and regulations. These are in particular full first and last name, full address, email address, telephone number. We use this data exclusively for processing your inquiries and for order processing. This data is also collected for automated processing when you make a purchase or place an order in our sales and advice center.

You can view and download our data protection declaration on our website at www.multiplex-rc.de and in the online shop. This is also available in our sales and advice center and will be sent to you on request.
c.
The order processing and contact usually takes place via e-mail and automated order processing. We therefore ask you to ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address.
In particular, when using SPAM filters, we ask you to ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

5.    Right of Withdrawal
As a consumer, you are entitled to a right of withdrawal within the framework of distance selling. This does not apply to transactions processed in our sales and advice center.
There is no right of withdrawal for software (e.g. MULTIflight PLUS) or customized products (e.g. CORE / ATOM).
Further information on the right of withdrawal can be found in our cancellation policy, which you can find on our website and in our online shop, or which can be sent to you personally on request.

6. Shipping costs / shipping conditions
a.
We charge a country-dependent shipping fee for freight/packaging/order processing for shipping your orders and commissioned services (repairs) within the European Union or Switzerland/Liechtenstein. The applicable flat rates can be viewed at www.multiplex-rc.de. When ordering in the online shop, you will be shown these for selection before the contract is concluded.
You will receive a personal offer from us for the delivery of bulky goods / forwarding shipments or for deliveries to addresses outside the European Union or Switzerland / Liechtenstein.
For the return of rejected warranty products and repairs whose offer you have not accepted, we will charge you for the return within the framework of our shipping flat rates. We will inform you about this in advance. You are free to order the return shipment, which is subject to a fee, to pick up the products yourself, to have them picked up by a carrier commissioned by you, or to declare the transfer of ownership (scrapping).
b.
If you collect the ordered products and services from our sales and advice center, there is no flat-rate shipping charge.
c.
The products and services are shipped “free domicile” and are insured by us. Deliveries to Switzerland / Liechtenstein are also declared by us. For deliveries outside the EU or Switzerland / Liechtenstein, the buyer bears the costs of import processing and the import duties (customs / sales tax) i
d.
The consumer bears the shipping costs for returns to us within the framework of the right of withdrawal (No. 5).

7. Delivery time
a.
Most of our products are immediately available. We will inform you about the actual availability depending on the ordering method as follows:

1.    Order Form
If the products you have ordered cannot be delivered immediately, we will inform you of this in the order confirmation with a non-binding delivery date. You can cancel the order for items that cannot be delivered immediately at any time. Any advance payments already made will be refunded to you immediately.

2.    Informal orders by letter/fax/email/telephone
As part of the personal offer we have prepared, you will receive non-binding information on the delivery time if the products cannot be delivered immediately. If you place a binding order for our offer, you can cancel it at any time if there are delays in delivery. Any advance payments already made will be refunded to you immediately.

3.    Online store
In our online shop you will receive a non-binding forecast of the ability to deliver. If the products you have ordered cannot be delivered immediately, we will inform you of this in the order confirmation with a non-binding delivery date. You can cancel the order for items that cannot be delivered immediately at any time. Any advance payments already made will be refunded to you immediately.

b.
Products that are marked as immediately available will be dispatched by us within two working days after conclusion of the contract. The actual delivery time depends on the delivery address and the workload of the commissioned parcel service or forwarding company, which we have no influence on.
The delivery time within the Federal Republic of Germany is approx. two to three working days from handover to the carrier.
The delivery time within the European Union or Switzerland / Liechtenstein is approx. three to seven working days from handover to the carrier.
 In the case of payment in advance, the delivery time only begins when we have received the payment.

c.
In the case of services ordered by you (repairs), the delivery time only begins after completion. The services you have ordered (repairs) are generally carried out within four weeks of receipt of the order, unless we have agreed otherwise with you or have generally pointed out delays, e.g. on our website.

8. Payment Arrangements
a.
You can choose between different payment methods when paying:
Payment in advance
If you select the payment method "payment in advance", you will receive a separate e-mail with a prepayment invoice with information about our bank details after the order has been completed. For payments outside of SEPA, this must be done free of charge for us.

Payment via PayPal
Your bank or credit card details are stored with PayPal after you have registered. We may charge a surcharge for this form of payment, which we will inform you of before the contract is concluded.

Payment by credit card (Visa, MasterCard)
Payment is processed by the service provider we have commissioned, PAYONE GmbH, Lyoner Str. 9, D-60528 Frankfurt / Main, www.payone.com.
For customers outside the EU, we may charge a surcharge, which we will inform you of before the contract is concluded.

Payment on account
The invoice is to be paid by bank transfer within 14 days of receipt of the goods. To protect against credit risk, we reserve the right to only offer purchase on account after a successful credit check and only within the Federal Republic of Germany.

Payment upon pickup
You can pay in cash, with many debit cards (e.g. Maestro) or with a credit card (VISA, MasterCard) when picking it up at our sales and advice center.
b.
Please note that you may incur additional costs for transfers, currency conversions, credit card payments, etc. based on your agreements with banks or other institutions.
c.
We reserve the right to limit the use of the above payment methods individually to one or more payment methods.
d.
Article 286 Section 3 German civil code applies; thereafter you will be in default 30 days after the due date of the purchase price. For each reminder we charge a flat rate of € 5.00; You are free to prove that we incurred lower or no expenses for the reminder. Further claims from us, in particular claims for damages and claims for interest on arrears, remain unaffected.

9. Retention of title, copyright
a.
The goods remain our property until full payment.
b.
All logos, images, graphics and tables shown on our website are our property and are subject to copyright. These may not be copied or used without our express written consent.

10. Damage in transit
If goods are delivered with obvious transport damage, we ask that you report the damage to the deliverer as soon as possible. Please contact us immediately.
Failure to report transport damage or to contact us has no consequences whatsoever for your legal claims, in particular your warranty rights and their enforcement. However, they help us to be able to assert our claims against the carrier or the transport insurance.

11. Warranty
The provisions of the statutory liability for defects apply.
The goods offered by us are intended exclusively for use in the private hobby sector and not for commercial use. We assume no liability or guarantee for applications outside of this specification.

12. Liability
We are only liable for damages if there is intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and the observance of which the customer can regularly rely on. Furthermore, liability for damages for damages of all kinds, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
Insofar as we are liable for simple negligence, liability is limited to the damage that we typically had to expect to occur based on the circumstances known at the time the contract was concluded.
The above exclusions and limitations of liability do not apply if we have given a guarantee, nor if it is a matter of damage to life, limb or health or claims under the Product Liability Act.
The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties we use to fulfill the contract.

13. Storage of data, data protection
We collect and store the data of our customers necessary for business transactions. When processing the personal data of our customers, we observe the legal provisions. Details can be found in our data protection declaration, which can be accessed at www.multiplex-rc.de .

14. Complaints / Dispute Resolution
If you have cause for complaint, you can enter your complaint on the online dispute resolution website provided by the European Commission. Your complaint will then be forwarded to us. Please go to the following link and follow the instructions there:
https://ec.europa.eu/consumers/odr/
 
Of course you can also contact our customer service directly:

Multiplex Modellsport GmbH & Co KG
Westliche Gewerbestr. 1
D-75015 Bretten-Gölshausen
Tel : +49 7252 58093-22
Fax : +49 7252 58093-99
Email: serviceteam@multiplexrc.de
We do not participate in a dispute settlement procedure before a consumer arbitration board and are not obliged to do so.

15. Final Provisions
The law of the Federal Republic of Germany applies to all legal relationships and legal transactions between us and our customers as well as to these terms and conditions, excluding the UN sales law.

Valid from 25.08.2023