CGV (Clients particuliers)

1. scope of application

The following terms and conditions in their current version at the time of the conclusion of the contract shall apply to all contracts which Multiplex Modellsport GmbH & Co. KG concludes with consumers. A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

2. contracting parties, contract language

a. The contractual partner is Multiplex Modellsport GmbH & Co. KG, Westliche Gewerbestraße 1, D 75015 Bretten-Gölshausen.
b. Only the German 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 as well as in the online shop does not constitute 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 value added tax in Germany valid at the time of the order. The German value added tax is also to be paid when shipping to private customers (consumers) in the European Union.
Our pricing is basically "ex works", i.e. in addition to the stated product prices, the costs incurred for shipping are to be borne by you as the purchaser. Further details on shipping costs are described in more detail under 6.
 

4. Ordering process, conclusion of contract, data protection, contacting us

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 constitutes a binding offer from you to us. We can accept this offer within two weeks by sending you an order confirmation or by dispatching the ordered products and services.
In the case of repairs sent in or handed in at our sales and advice centre with a fully completed and signed order form, a release of costs issued on this form shall be deemed to be a binding offer on your part, up to the amount of which we may accept this offer within two weeks by sending you an order confirmation or by dispatching the repaired / replaced products uncl. our services.
The order form can be accessed and downloaded from our website.

2. informal orders by letter, fax, e-mail, telephone

We will prepare a personal and non-binding offer for you and send it to you. If you wish to accept the offer, please inform us 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 you an order confirmation or by dispatching the products and services.
The same procedure applies to repairs sent in or handed in at our sales and advice centre without an order form and cost approval. This also applies if the cost release stated on the order form is exceeded or the form is incompletely filled in. This also applies to products sent in or handed in for which warranty is requested but not accepted by us.

3. visit to our sales and advice centre

You will receive a binding offer from us for the sale of products, which you accept by immediately paying the purchase price offered 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 immediately paying the purchase price offered or by taking the service or the repaired products with you (purchase on account).

4. online shop

Orders via the Multiplex Online Shop are only possible for persons with a delivery address within the European Union, regardless of residence, origin or nationality.
With your order in the online shop, you make a binding offer to us. When a contract is concluded between you and us depends on the payment method you choose:
If you choose the payment option "Prepayment" "Invoice" or "Payment upon collection", a contract is concluded between you and us when we accept your order. The declaration of acceptance will be sent in a separate e-mail within two weeks of the order date.
If you choose the payment option "credit card", a contract is concluded between you and us when we charge the purchase price to your credit card.
If you choose the "PayPal" option, a contract is concluded between you and us when you have completed the payment process at PayPal.
You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process.
You will find the currently valid shipping costs under "Shipping costs". They will also be displayed when you complete your order.
Products that we ship by bulky goods or freight forwarding due to their dimensions will receive a corresponding note in the product text about the respective costs incurred. These can vary depending on the country.
Click on the button "Checkout" to enter your data. Here you can choose whether you would like to register with us or enter your data as a guest. If you are already registered, you can log in here with your e-mail address and password. Otherwise, enter your address data here and click on "Continue". Click on the "Continue" button and you will be taken to the next page where you can select the desired payment method. Click on the "Next" button here and you will be taken to the order overview. Here you will find an overview of the items you have placed in the shopping basket and the costs you will incur, delivery address and method of payment. Please check that all the details are correct. By clicking the button "Order with obligation to pay" you make a binding offer to purchase the goods in the shopping basket at this point and send your order to us. If you have chosen the payment option "PayPal", you will now be forwarded directly to PayPal and can make the payment there. We save the text of the contract and send you the contract documents by e-mail. For your information, you will receive a confirmation of receipt by e-mail, which lists your order once again. This e-mail serves exclusively to inform you that we have received your order.

b. For the processing of your enquiries and the sale of products and services, we process your personal data in compliance with the statutory data protection guidelines and regulations. This includes in particular your full first and last name, full address, email address and telephone number. We use this data exclusively for processing your enquiries 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 centre. You can view and download our data protection declaration on our website at www.multiplex-rc.de and in the online shop. It is also available in our sales and advice centre and will be sent to you on request.

c. Order processing and contacting usually take 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 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 your order can be delivered.

 

5. Right of revocation

As a consumer, you are generally entitled to a right of withdrawal within the framework of distance selling. This does not apply to transactions carried out in our sales and advice centre.
Further information on the right of cancellation can be found in our cancellation policy, which you can find on our website, in our online shop or which we will be happy to send to you personally on request.

6. shipping costs

a. We charge a country-dependent flat rate shipping fee for freight / packaging / order processing for the shipment of your orders and commissioned services (repairs) within the European Union. The respectively valid flat rates can be viewed at www.multiplex- rc.de. When ordering in the online shop, you will be shown these for selection before conclusion of the contract. For deliveries of bulky goods / freight forwarding shipments or for deliveries to addresses outside the European Union, you will receive a personal offer from us. For the return of rejected warranty products as well as repairs whose offer you have not accepted, we will charge you for the return shipment within the scope of our flat shipping rates. We will inform you of this in advance. You are free to order the return shipment with costs, to collect the products yourself, to have them collected 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 centre, no flat-rate delivery charge will be made.
 

7. delivery time

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

1. order form
If the products you have bindingly ordered are not immediately available, we will inform you of this in the order confirmation with a non-binding delivery date. You can cancel the order with regard to items that are not immediately available at any time. Any deposits already made will be refunded to you immediately. 2.

2. informal orders by letter / fax / e-mail / telephone
You will receive a non-binding indication of the delivery time within the scope of the personal offer we have prepared for you if the products are not immediately available. If you place a binding order for our offer, you can cancel it at any time in the event of delivery delays. Any deposits already made will be refunded to you immediately.
 
3. online shop
In our online shop you will be shown a non-binding forecast of the availability for delivery. If the products you have bindingly ordered are not immediately available, we will inform you of this in the order confirmation with a non-binding delivery date. You can cancel the order with regard to the items that are not immediately available at any time. Any deposits already made will be refunded to you immediately.

b. Products marked as available for immediate delivery 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 capacity utilisation of the commissioned parcel service providers or forwarding companies, over which we have no influence.
The delivery time within the Federal Republic of Germany is approx. three to eight working days after receipt of order.
The delivery time within the European Union is approx. five to ten working days after receipt of order.
In the case of payment in advance, the delivery time does not begin until we have received payment.

c. In the case of services (repairs) ordered by you, the delivery time only begins after completion. The services (repairs) ordered by you will be carried out within four weeks of receipt of the order, unless we have agreed otherwise with you.

8. payment modalities

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 information about our bank details after completing your order.
Payment by PayPal: Your bank or credit card details are stored at PayPal after your own registration.
Payment by credit card (Visa, MasterCard)
Payment on account; the invoice must be settled by bank transfer within 14 days of receipt of the goods. To safeguard against credit risk, we reserve the right to offer purchase on account only after a successful credit check and only within the Federal Republic of Germany.
Payment on collection: On collection from our sales and advice centre, you can pay in cash or by EC card or credit card (VISA, MasterCard).

b. Please note that due to your agreements concluded with credit institutions or other institutions, additional costs for transfers, account management, etc. may arise for you.

c. We reserve the right to limit the use of the above-mentioned payment methods individually to the use of one or more payment methods.

d. Section 286 (3) of the German Civil Code (BGB) applies; according to this, you are in default 30 days after the due date of the purchase price. For each reminder we charge a lump sum of € 5.00; you are at liberty to prove that we incurred lower expenses or no expenses at all for the reminder. Further claims by 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 has been made.

b. All logos, pictures, graphics and tables displayed on our website are our property and are subject to copyright. These may not be copied or used without our express written consent.

10. transport damages

If goods are delivered with obvious transport damage, we ask you to report the damage to the delivery company as soon as possible. Please contact us immediately. Failure to report transport damage or to contact us has no consequences 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 shall apply. The goods offered by us are intended exclusively for use in the private hobby sector and not for commercial use. We do not accept any liability or warranty for applications outside these specifications.

12. Liability

We shall only be liable for damages in the event of intent or gross negligence. In the case of simple negligence, we shall only be liable in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely. In all other respects, liability for damages of any kind, 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 could typically expect to occur according to the circumstances known at the time of conclusion of the contract. The above exclusions and limitations of liability shall not apply if we have given a guarantee, nor in the case of damage resulting from injury to life, limb or health, nor in the case of claims under the Product Liability Act. The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.

 

 

13. Data storage, data protection

We collect and store the data of our customers necessary for the business transaction. When processing the personal data of our customers, we observe the statutory 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. To do so, please go to the following link and follow the instructions there:
ec.europa.eu/consumers/odr/.

Of course, you are also welcome to contact our customer service directly:
Multiplex Modellsport GmbH & Co KG
Westliche Gewerbestr. 1
D-75015 Bretten-Gölshausen Phone : +49 7252 58093-22
Fax : +49 7252 58093-99
Email : serviceteam@multiplexrc.de
 
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

15. final provisions

The law of the Federal Republic of Germany shall apply to all legal relationships and legal transactions between us and our customers as well as to these terms and conditions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Status : 01.07.2020

Cancellation policy for consumers (private customers)
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (Multiplex Modellsport GmbH &Co.KG, Westliche Gewerbestr. 1, D 75015 Bretten-Gölshausen, Phone +49 (0) 7252 58093-0, Fax +49 (0)7252 58093- 99, E-Mail: serviceteam@multiplexrc.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
 
To:
Multiplex Modellsport GmbH & Co.KG
Westliche Gewerbestr. 1
D-75015 Bretten-Gölshausen
Fax: +49 (0)7252 58093-99
E-mail: serviceteam@multiplexrc.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
______________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________

Ordered on _______________________________________________ (*) /received on (*)______________________________________________

Name des/der Verbraucher(s) _______________________________________________________________________________________________

Address of consumer(s)

______________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________

Datum _______________________________________________________________________________________________________________________

Signature of the consumer(s)
(only for averaging on paper)

______________________________________________________________________________________________________________________________
(*) Delete where inapplicable.

End of the cancellation policy