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Terms and Conditions

 

Terms and Conditions
of Metropolis Drachen®, Dieter Rieth und Thorsten Baasch GbR
Skandinavien-Damm 11, 24983 Handewitt.
Tax number 15 288 04704 VAT .ID. DE169352965

 
  
  
 

Contents:

• 1) Validity

• 2) Conclusion of contract

• 3) Exercising the right of withdrawal / revocation

• 4) Prices and terms of payment

5) Terms of delivery and shipping

• 6) Retention of title

7) Liability / Complaint / Transport damage

8) Applicable law

9) General information

• 10) Information on Online Dispute Resolution

1) Validity

1a) The following Terms & Conditions (hereinafter 'T&C') of Metropolis Drachen D. Rieth & T. Baasch GbR (hereinafter 'seller') apply to all contracts entered into by a consumer or trader (hereinafter "customer") to the seller in respect of goods and / or services offered by the seller in its online store. The inclusion of the customer's own conditions are hereby rejected, unless it is otherwise agreed.

1b) Consumer within these T&C shall mean any natural person who enters into a transaction for purposes which are mainly not attributed to their commercial or self-employed activity.
Trader within these T&C shall mean any natural or legal person who enters into a transaction that is attributable to the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2a) The products and descriptions shown in the online shop of the seller do not constitute binding offers of this seller, they intended to submit a binding offer by the customer.

2b) The customer can submit the offer on the provided order form in the online store. In this case the customer fills the shopping cart with goods / services and makes a legally binding contract offer of the goods / services included in the basket by filling our the order form and finally clicking on the button labeled "Purchase!". Furthermore, it is also possible to make a contract offer to the seller by letter, by e-mail, fax or phone.

2c) The seller may accept the offer of the customer within 7 days by:

- transmitting the customer a written confirmation of order or an order confirmation in writing (fax or email), whichever is the date of service of the order confirmation by the customer, or

- delivering the customer the ordered goods, the receipt of the goods by the customer is decisive, or

- aks the customer for payment after the customer submitted an order.

If several of the above alternatives exists, the contract is concluded at the time at which one of the alternatives occurs first. If the seller don´t accept the offer within the before mentioned period, it shall be understood as rejection of the customers offer. The customer is no longer bound to his declaration of intention after the seller has rejected his offer.

2d) The period for acceptance of the offer starts on the day of dispatch by the customer and ends with the end of the seventh day, which is followed by the dispatch of the offer.

2e) When submitting offers via the online order form of the seller the contract will be filed by the seller and sent to the customer after submitting his order, together with these Terms in written form (eg letter, fax or email)

2f) Before submitting the order via the online order form from the seller, the customer can correct his entries using the standard keyboard and mouse functions. All entries and order items will be shown once more clearly before the mandatory levy and can there still be corrected.

2g) For the conclusion of the contract is the German and English language available

2h) The order processing and contact will take place usually by e-mail and automated order processing. The customer must ensure that his or her designated address for the order processing is correct and the technical requirements for the receipt of e-mails are available.

3) Right of withdrawal / revocation

Consumers are entitled to a right of withdrawal shall be the following, where consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity.

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

Metropolis Drachen
Dieter Rieth & Thorsten Baasch GbR
Skandinavien-Damm 11
24983 Handewitt
Germany
Tel. 0049-4608-970270
Fax: 0049-4608-970271
e-Mail: info@metropolis-drachen.de

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 attached model withdrawal form, but it is not obligatory.
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 withdrawal

The right of withdrawal does not exist :

• in respect of supplies of goods that are produced according to customer specifications or clearly tailored to personal needs (e.g. Spiinaker and fabrics) or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed,
• the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer
• the supply of newspapers, periodicals and magazines, unless the consumer has given his contract by phone.

To use your right of withdrawal you may download a pre-filled model form. The use of this form is only a relief for you, but not necessarily!

4) Prices and terms of payment

4a) Unless the offer of the seller provides otherwise the stated prices are retail prices in Euro, which include VAT. The prices are valid exclusively at Metropolis Drachen ® Germany. Valid are only the latest internet prices which are shown on www.metropolis-drachen.de.

4b) Customers inside germany can choose from several payment options available, which are listed at "Terms of payment". For delivery to foreign countries only payment via credit card, via PayPal or by payment in advance are accepted.

4c) If payment in advance is agreed, payment is due immediately after the conclusion of the contract.

4d) If you select the payment method "payment on account" the purchase price has to be paid within 14 (fourteen) days after receiving the invoice, unless otherwise agreed. The seller reserves the right to perform a credit check when selecting the payment method "payment on account" or "SDD" and reject these methods of payment with negative credit check.

5) Terms of delivery and shipping

5a) The delivery of goods takes place on the dispatch to the delivery address provided by the customer, unless otherwise agreed. During completion of the transaction specified in the order of the vendor shipping address is decisive. Delivery addresses that are deposited with payment service providers (eg PayPal) are not considered.

5b) If the transport company is sending shipped goods back to the seller, as a service to the customer has not been possible, the customer bears the cost of the failed delivery. This does not apply if the customer has not responsible for the circumstance which led to the impossibility of service or when he was temporarily prevented from accepting the service offered, unless the seller announced him the power a reasonable time before had.

5c) For collection, the seller informs the customer first by e-mail that the goods ordered by him are available for collection. After receiving this email, the customer can pick up the goods after agreement with the seller on the location of the seller. In this case, no shipping costs will be calculated.

5d) You can choose between GLS (General logistics service) or DHL for shipping inside of Germany, outside from Germany we are using GLS for shipping.
If the delivery adress is inside of Germany and your shopping cart only contains books or vouchers, we are offering a cheaper letter shipping at checkout.
The delivery to DHL parcel stations is not possible due to logistic reasons.

5e) A minimum order amount or a minimum order value does not exist.

5f) The delivery to foreign countries only takes place after payment and according to the shipping requirements of GLS or DHL.

5g) Actual prices for delivery inside germany, to foreign countries as well as additional costs (eg island supplements or customs charges) are always listed at "Shipping costs".

5h) If for technical or logistical reasons a shipment takes place in several stages we will calculate the delivery charge only once.

6) Retention of title

The seller reserves the ownership of the goods until full payment of the goods by the customer.

7) Liability / Complaint / Transport damage

7a) Liability for defects
The statutory liability for defects

7b) Complaints
The delivered goods must be checked on receipt by the buyer.
Faults or incorrect deliveries must be reported by telephone or in writing within 10 days before returning of goods.


7c) Transport damage
In case of visible damage in transit, it is possible to refuse to accept the shipment. If the damage is found after receiving or is a hidden transport damage before, please contact within 3 business days with the responsible carrier in combination, so that a record of the damaged shipment is created and reimbursement will be made.

8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Sales Convention. For consumers, this choice only insofar as the protection granted is revoked by mandatory provisions of the laws of the State in which the consumer has his habitual residence applies.

9) General information

9a) No liability is accepted for printing errors and omissions.

9b) Information on breaking loads, strength, stretching, properties are to the best of knowledge or details of the suppliers, but without guarantee or liability.

9c) Due to the particular exercise of the sport no liability claims can be made against us, in particular we are not liable for accidents caused by the goods. Here we refer to the safety notes in the operating instructions.

9d) The storage of your data is limited to a minimum and governed by our Privacy Policy, which you can view at "Privacy Policy".

10) Information on Online Despute Resolution

Online Dispute Resolution in accordance with Article 14, Section 1 ODR-VO. and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS),
you can find this platform at: http://ec.europa.eu/consumers/odr/
We are not obliged to participate in a dispute settlement procedure with an independent
consumer arbitration service and basically not ready.