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Conditions of Use Conditions of Use

General terms and conditions Modellbau Lindinger Ltd


1. Imprint
The company Modellbau Lindinger Ltd runs an online shop "shop.lindinger.at".
Modellbau Lindinger Ltd 
Industriestrasse 10 
4565 Inzersdorf 
Telephone: +43 (0) 7582-81313-0 
Fax: +43 (0) 7582-81313-17 
Information and complaints sent to: office@lindinger.at
ATU 61994907
commercial register: FN2689801
Member of the Austrian Federal Economic Chamber, section: trade
Right of withdrawal: 14 days from receipt of the merchandise or from the order date of services guarantee: after the legal requirements (24 months)
Place of fulfillment/delivery: Inzersdorf
Place of general jurisdiction: commercial court Steyr
Inspecting authority: district court Kirchdorf a. d. Krems
Statutory provisions: Trade, Commerce and Industry Regulation Act
Industry notation: trade industry 
Chief executive officer: Friedrich Lindinger 
Address, postcode, Place: see above
Type of business: trade with RC hobby modeling and accessories

2. General
The general terms and conditions apply to the sales and deliveries of goods from Modellbau Lindinger Ltd. Alternative conditions for the buyer are only valid if agreed in written form and approved/signed by Modellbau Lindinger GmbH. With the placement of an order, the buyer agrees to the general terms and conditions and is committed to them. Modellbau Lindinger will only close contracts with natural persons, who are contractually capable without limitation and who have reached their 18th birthday, and with legal entities. 
All offers are subject to change and are non-binding. The order of the customer represents an offer to close a sales contract. Our sent acknowledgment of receipt and any status reports do not represent an acceptance of the offer. The sales contract is not closed until we deliver the ordered goods and confirm the customer the dispatch. 
You can find a description of the purchase in our online shop under 
http://shop.lindinger.at/anleitung.htm

3. Ordering
Ordering is only possible after a successful login into the customer’s account. When ordering for the first time, the customer must create a “new customer” account. For all following orders, the customer can login with the email address and the password you chose at your first entry. 
Consumers: For transactions with consumers in the sense of the Austrian customer protection law these general terms and conditions apply insofar so they do not disagree with the compulsory terms of the customer protection law.

4. Contractual language
The contact of the contract, all other information, customer service, data-information and complaint handling are generally offered in German language.

5. Pricing
Unless otherwise noted, all prices are daily market prices “ex works” including the legal sales tax plus all expenses arising from the dispatch. Changes in price (through exchange rate fluctuation and technical changes) on the part of the producer are reserved. 
The buyer has to bear the cost of any arising import or export duties.
No sales tax applies for sales with customers outside the EC, but they do have to bear the respective national import duties. 
For sales to entrepreneurs within the EC no sales tax applies after the proof of the UID, however they have to pay the sales tax of their home country. The announcement of the UID has to be at placement of the order. The charging is made in Euros.

6. Right of withdrawal
Customers, who are consumers in the sense of the Austrian customer protection law, can withdraw from the distance selling contract within a period of 14 days from the receipt of the goods. It is sufficient if the declaration of withdrawal is sent within this period without any statement of reasons. 
In the event of a withdrawal, entire or partial reimbursement of the retail price occurs from delivery versus payment against the deferment of the goods received from the purchaser.
Condition therefore is that the goods and its packaging are sent back in “as new” re-sellable condition and in the original packaging. 
The costs of dispatch are payable by the customer. If the goods are sent back not prepaid, we are authorized to charge the amount to your account.
Following terms concerning the return of goods within the period of withdrawal of 14 days apply to German customers: Upwards a value of ordered goods of 250 Euros we pay the costs of the dispatch, under this sum the customer has to pay them.
If the goods bear traces of usage, the packaging is damaged or accessories (like manuals, driver CDs, software, ..) are missing, we will charge an adequate compensation for the loss in value.
There is no right of withdrawal for audio and video recordings (for example CDs, video cassettes, DVDs) or software, which are unsealed from the consumer, furthermore services, which were sent online (for example downloaded software) and goods which were especially ordered from the producer for the customer.

7. Delivery
Ex works Inzersdorf, the costs and risks of transport are beared from the customer.
Services/delivery: The right to alter an offer from shop.lindinger.at at any time is reserved by Modellbau Lindinger. The prices of the deliveries and services offered from shop.lindinger.at do not contain costs which are invoiced from third parties.
If all ordered goods are not immediately available, the available products are sent immediately and the others are delivered as soon as they are available. Cost of dispatch is separately charged.
The delivery is made by the Austrian mail. Goods, which are not allowed to be sent because of their composition (dangerous), are available to pick up in A 4565 Inzersdorf.

8. Delivery time
The delivery normally takes place within 5 workdays from the confirmation of the order, but in any case within the compulsory delivery time of 30 days from the order date.
If a delivery is exceptionally delayed, we will contact you immediately as soon as we learn from the delay, but within the period of 30 days, and get your consent for a later delivery.
The consumer has to accept insignificant exceeding of the time of delivery, without being entitled to get compensation or to withdraw from the contract.

9. Forwarding expenses
Please gather information about the forwarding expenses from this list: (Link to Shipping Cost Document).

10. Payment, method of payment
Terms of payment: 10 days net. Place of payment is the business location of the company Modellbau Lindinger Ltd. A delivery on open account is possible for regular domestic customers with a high degree of creditworthiness.
In the event of a delay of payment the customer has to compensate all collecting expenses as well as interests of 1percent per month. This is also true for collection of debt through a third party.
Modellbau Lindinger Ltd. offers its customers highest comfort at shopping and paying.
The payment by credit card (worldwide) is possible. Modellbau Lindinger Ltd. reserves the right to not accept credit card payment from non EU-countries.
We accept Eurocard/MasterCard, Visa, cash on delivery and prepayment. We use the actual state of the art concerning encoded transmission – the SLL-codification - with credit card payments, whereby your data are protected against unauthorized access.
The debiting of your account takes place at the date of the delivery of the goods.
Link to: Information concerning credit card payments
How does the credit card payment work?
You select the credit card payment. Enter the credit card holder, the 16-digit card number and the validity date. Select month and year, you can find both numbers on your credit card. Click next and finished!
www.visa.at, www.mastercard.at
Claims of customers against us are not allowed to be assigned without your explicit written consent. Justified reclamations not entitle to withhold the full amount, but only an adequate part of the invoice.

11. Data protection
Our staff members are sworn to secrecy due to the Data Protection Law. In addition, any customer data communication that took place is subject to the secrecy. 
Routing- and domain information have to be and are allowed to be passed on. 
The customer agrees to the using of his facts according to the contract for our bookkeeping and our customers administration.
The customer accepts that his data stated in the contract are used and saved for the purpose of accounting and customer evidence. 
The data are used to satisfy laws and regulations and for the payment transaction. 
Customer data are not passed on to third parties, unless this is necessary for the transaction.
Our contractual partners are informed about data protection regulations and are bound to us.
For any further questions please contact the information center for data protection information, general questions, complaints, etc.: office@lindinger.at

12. Reservation of proprietary rights, warranty, liability, guarantee 
The ordered goods are our property until the complete payment. Before this the customer is not allowed to mortgage and to hedge the goods or to entitle third parties.
Since 1.1.2002 the warranty is limited to the compulsory period of 24 months.
Arising defects are to be announced at the delivery or at the appearance - 
without having negative legal effects to clients, who are customers according to the Customers Protection Law. If the defect is legitimated and rejected we will choose between corrections, reduction of price or replacement free of charge, for what an adequate time period is fixed.
If the purchase is a commercial transaction (B2B) in the sense of § 1 Customer Protection Law (377 paragraph 1 commercial code) for the customer, he has to examine the goods immediately after the receipt and to inform us without delay about any defects.
Modellbau Lindinger Ltd. is only liable for defects with premeditation and gross negligence, with the exception of damage to persons.
The injured person has to prove the existence of slight or gross negligence, unless it is a consumer transaction. The compensation of consequential harm caused by a defect, other physical loss, and loss of property and damages of third party against the customer are impossible. 
Modellbau Lindinger as operator of shop.lindinger.at performs its services with greatest care, but is not liable for services, which are provided from third parties.
Recourse receivables from product liability in the sense of the Product Liability Law from contractual partners or third parties against us are impossible, unless the beneficiary of the recourse prove that it was a mistake with gross negligence in our sphere.

13. Applicable law, place of jurisdiction
The contractual partners stipulate the use of Austrian right, as far as no compulsory regulations are opposed. 
If the contractual partner is a consumer, then the compulsory regulation of the law of the county, in which he has his general residence, must be applied.
For disputes from the contract with entrepreneurs, our business location is agreed as the place of jurisdiction. If the contractual partner is a consumer, he can take legal actions against Modellbau Lindinger in Austria or in the country in which he has his residence. 
If he had his residence in Austria at the date of the conclusion of the contract, he can only bring suit in Austria.

14. Place of delivery
For all deliveries, services and payments the place of fulfillment of the contract is the business location of your company.

15. Copyright
All news, pictures and the design of Modellbau Lindinger’s website are just for personal information for our customers. The use is carried out at one’s own risk. All dates of this offer is protected by §4 and §§87a ff of the copyright law.
The reproduction, copying and the print of the website are only allowed for the purpose of an order. Every other handling, duplication, copying and/or public reproduction exceeding normal use violates the copyright.

16. Arbitration board
We accept the internet ombudsman as arbitration board out of court. For further information about mediation please contact our service: office@lindinger.at or the internet ombudsman under: www.ombudsmann.at

17. Other
The inoperativeness, invalidity, nullity and cancellation of single regulations do not prejudice the other regulations of these general terms and conditions.
The UN purchase law and all regulations that refer to it are explicitly excluded. 
The general terms and conditions are also available as PDF-Document.

18. Estimates of costs
Estimates of costs are free of charge and without obligation.

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