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And now to something completely different:
It took me 3 days to write this lawyer’s Chinese down in my own language and some days more to translate it!!!!!!!! Herewith I strictly prohibit the utilization, storage, circulation of my published personal data for all purposes outside this business transaction (in particular for advertising or business purposes) Violators will be prosecuted!!!!!!!!!!!!!!!
Stoner Creek Miniatures Trading Post
phone (0049) 6081 960460 (please remember, I am located in Germany and there is a time difference between the USA and Europe, I really like my customers but I like my sleep too!!!)
info@stonercreek.de
VAT
Identification Number § 27 a Umsatzsteuergesetz: Responsible for the content §10, chapter 3 MDStV: Steffen Rosmus
Right of revocation Revocation at distance contracts Sec 312b para 1 German Civil Code: (1) Distance contracts are contracts for the delivery of goods or the supply of services which are concluded between a businessperson and a consumer exclusively by means of distance communication, unless the conclusion of the contract takes place otherwise than in the framework of a an organized distance sales or service-provision scheme. According to § 13 BGB (German Civil Code) every customer has the right to revocate a contract. According to German distance contract law the customer has to declare the withdraw from the contract either by email, written letter or sending the merchandise back to the seller within 2 weeks after he/she got in possession of the merchandise. To meet the deadline, timely mailing to: Stoner Creek Miniatures Trading Post, Paul-Lincke-Weg 2, 61267 Neu Anspach Germany shall be suffice. Up to $ 1600 net worth of the merchandise the customer has to pay for the re-shipment, a possible decline in value due to handling thru the customer could be paid by the customer if he had not handled the merchandise properly. There is no right for revocation on merchandise which was made after customer’s specifications as is re-motoring kits, custom built models or decals. Please note the following terms for the transaction. We could only accept returns in the original packing and with all parts included in the contract. If you have bought CDs, DVDs, CD-ROMs und Videos and opened them, no return is possible.
Please use appropriate packing material for the return shipment. The packing
must comply with the German Postal Service /USPS standards for packing. Excerpt of the German long distance contract law. § 312d right for revocation on distance contract law (1) The customer involved in a distance contract has the right to revocate according to § 355. Instead of revocation the customer could use his right to send the merchandise back (§ 356) (3) At the provision of a service, a claim for replacement/revocasion expires if the entrepreneur has begun the work due to demand by the customer. (4) A claim for replacement/revocasion does not exist in cases where merchandise was custom built for specific customers and their needs. This will affect all sales of re-motoring kits, custom application and custom model building/painting/weathering, kits started by the customer, eBay sales and products which are due to: - appearance and workmanship - technical character - composition - condition - material unsuitable for another shipping.
(6) Consequences of revocation In case of a legally effective revocation both parties have to refund either the merchandise or the payment. If it is not possible to refund the merchandise completely or in unspoiled condition, the decrease in value has to be refunded by the customer. You could avoid this if you handle the merchandise very carefully during inspection If you have to resend items you have to insure them properly and send by USPS to: Stoner Creek Miniatures, Paul-Lincke-Weg 2, 61267 Neu Anspach, Germany
Shipments by UPS, Fed Ex or other parcel companies are not allowed because they do not deliver at weekends and to most pick up locations it is a 30+ mile drive. If the price fort the merchandise has not exceeded $ 1600 (including shipment) you have to pay for the shipment, for all shipments above this value I will refund you the shipping costs after I received the shipment.
End revocation instruction Terms of trade (Allgemeine Geschäftsbedingungen (AGB)) - issued 08/04/2006 1. Preface Following terms of trade are valid for all business relations such as contracts, orders, delivery and other services. Herewith I disagree all aberrant terms of trade of our partners. All additional agreements must have a written statement from both parties The company Stoner Creek Miniatures Trading Post, Paul-Lincke-Weg 2, 61267 Neu Anspach has the right to change or edit this terms of trade at every time. Orders before that change will be dealt with the old regulations. (2) Offer Our offers are made in all conscience. Small variations and technical changes occurring to our pictures and descriptions are possible (printing mistakes and errors and omissions excepted. All prices are in EURO (€) or in USD ($) (please look at the reference in the tabulations or text) and do not include the 19 % VAT/GST.
Customers from Overseas and outside the EU (Switzerland f. e.) are freed
from paying the VAT/GST because custom fees may occur at the port of import
(no fees will occur on model train items imported in the US). 3. shipping and payment 3.1 shipping The terms and prices could be found either on the shipping page or within the offer. If not all the merchandise is available at the moment, we have the right to ship segments and backorder the rest. Pick up only after arrangement We ship DHL/USPS and insured only and charge the actual costs + packing material – if not recycled- up to $ 700/€ 500 the costs are included in the freight rate, above a surcharge will occur, which has to be paid by the customer. There is no responsibility for loss or damage if shipment was wished as letters and small parcels!!! Overseas shipments include a deed of transfer sheet to provide the customer with the right to claim a possible damage in their homeland. This method proofed to be easier and more effective than me claiming the damage over here Shipments at a value over € 1000 / $ 1467 (date 12/08/07) require a personal custom procedure thru Stoner Creek Miniatures which has to be done at the nearest custom office. I have to charge € 40 or the equivalent in USD at the time of transaction for that to cover my costs for driving 35 miles and spending app 2 hrs times to do this. If you resist or depend on other shipping than DHL/USPS please contact me and we could work out a deal. 3.2 Payment We accept following methods of payment from Customers from overseas and outside the EU: - Pay pal - Money Order - cash - check (please note here fore the bank charges clearing fees at an amount of 31 € (each check) or the equivalent in USD For Customers within the EU we accept following methods of payment:
- Bank transfer to my account
exempt
from
charges
3.3 Additional costs and fees 3.3.1 Custom broking Shipments at a value over € 1000 or equivalent in USD require a personal custom procedure thru Stoner Creek Miniatures which has to be done at the nearest custom office. I have to charge € 40 or the equivalent in USD at the time of transaction for that to cover my costs for driving 35 miles and spending app 2 hrs time to do this. Shipping with UPS, Fed EX or others If you resist or depend on other shipping than DHL/USPS please contact me and we could work out a deal. 3.3.2 Transport insurance We ship DHL/USPS and insured only and charge the actual costs + packing material – if not recycled- . Up to $ 700/€ 500 the costs are included in the freight rate, above a surcharge depending on the value will occur, which has to be paid by the customer. There is no responsibility if shipment was wished as letters and small parcels!!!
4. delivery times Stock merchandise will be shipped normally with 3-4 working days. We are not liable for transport problems such as strike, weather conditions or act of nature beyond control. In that case the delivery time will be longer. In the case that the merchandise is not on stock when ordered we care for fast and reliable delivery. If the delivery time - as posted above - could not be guaranteed caused by other reasons than mentioned the customer has the right to claim a new delivery time by email or letter. If the delivery time could not be accomplished due to delivery problems of the manufacturer or sub-contractor we and the customer have the right to withdraw from the contract if the promised delivery time is exceeded by 4 month Claims of compensation due to delay, by impossibility or failure – even those who occurred till the withdraw from the contract – are barred, unless a legal representative of Stoner Creek Miniatures acted wantonly negligent or deliberately.
5. right to return We guarantee a right to return for unused merchandise within 14 days after receipt. The respite to return will be kept, if the merchant was shipped back in due time. The respite begins with the date of receipt. The original bill and packaging must be included in the shipment, shipments that arrive either – express, or – COD will not be accepted. Costs for re-shipment will be refunded if the value of the merchandise exceeds € 1000 or equivalent in USD. Please contact me by email before shipping merchandise back to avoid rejecting. Please note also why you are sending the item back so I could improve my service. Back shipment must be packed in an appropriate package and must be insured in the full amount. Please note the German word “Rücksendung” on the parcel. Please keep your USPS receipt as proof that you have shipped the merchandise. Refund could be done via Pay pal or bank transfer after the merchandise is checked for condition and completeness. The risk is transferred with date of shipping from Stoner Creek Miniatures to the customer.
Stoner Creek Miniatures guarantees that that the sold merchandise is free of
material- and manufacturing failures at the passing of risk.
The customer has to check the merchandise immediately after he/she received
it. In case of obvious defects/ apparent damages the customer has to claim the situation within 7 days in written form to our address. Otherwise the implied warranty will be omitted. The implied warranty is 24 month for factory-new goods in original packaging, the complained item must be returned with the original bill or a copy as proof of buying date. The sale of used items or price reduced Item is under debarment except a 14 day guarantee of function. The warranty covers normal use and expires if the customer changes the merchandise or uses for purposes other than intended. If there were other terms of warranty mentioned on web or in the auction the customer agrees with them by bidding or ordering the item. Stoner Creek Miniatures & Trading has the right to repair – free of charge - during the implied warranty. A partly or complete replacement of the item is legally allowed. In case the problem could not be settled the customer has the right to redhibitory action or abatement of the purchase price according to § 476a. BGB/German Civil Code In the case of refund the maximum is the buying price The liability for indirect, reasoning and monetary costs and damages as well as any further liability is barred.
8. specifics on online auctions/ bidding on online auctions If you bid for items in an online –Auction you accept the terms of trade mentioned in the auction by placing a bid. At internet auctions the acceptance of bid is placed by Stoner Creek Miniatures & Trading Post and not by the proprietor of the auction platform. Stoner Creek Miniatures & Trading Post claims the right to exclude bidders with a certain amount of negative feedbacks, and bidder who had received a negative feedback by Fa. Stoner Creek Miniatures & Trading Post before as well without declaration. Special Information for all non EU bidders and bidders from Switzerland: I will only ship to the original address; Shipping to an address within the EU will result in adding 19 % VAT/GST to the auction amount. Merchandise that will be delivered personally during a convention (narrow gauge conventions in Switzerland will be declared to customs at the border and therefore legally imported. Any custom fees and taxes have to be refunded by the customer. This will not affect US customers because model railroads items up to a value of $ 4500 are free of charge. According to US law at a value exceeding $ 4500 I must hire a custom broker to fill out the import forms (remember the items are still free of fees or taxes!!!!!!!), the salary of the custom broker has to be refunded by the customers. Note: A reduction of the value on the bill is unlawful and therefore it will not be done.
9. damage/loss during transport We ship DHL / USPS insured to the actual amount only!!!!!!!!!!!! If your home country (f. e. Spain, Brazil) has insurance restrictions you have to accept that - in case of damage or loss - the maximum insurance granted of your country’s postal system will settle the claim. In other words shipping is at your risk, sorry for that, but the International Postal Service Commission is responsible for this regulation If you insist on full insurance be could ship with UPS or Fed Ex. A special fee – depending on our time and effort - will occur. When you revive and shipment we recommend that you check the packaging and the content completeness and sound condition. In case of damage claim the damage at your post office and drop me a note. Claims without proof (postal inspection protocol) will not be accepted. To fulfil your claim we will send you a deed of transfer in which we transfer the right to claim to you (this proofed to be more effective, USPS compensates better and faster within the US than to outside US parties). 10. reservation of proprietary rights Until full payment the merchandise remains property of Stoner Creek Miniatures & Trading Post. This also covers resale. The customer is not allowed to sell items which are under pledged property without a direction on our rights. Are rights claimed by third parties on merchandise that is our pledged property this must be brought to our knowledge in a written way with 3 calendar days. 11. Data storage According to § 28 and 33 Bundesdatenschutzgesetz (German Federal Law for Data storage and Security) all business relevant data will be processed and stored during the transaction and until the end of the period for safekeeping stated in the law. All personal data will be treated confidential and will not be transferred to third parties 12. court of jurisdiction Place of fulfilment is Neu Anspach, court of jurisdiction is Usingen. All business transactions – including shipping overseas - are solely under German Federal Law. If some regulation of the terms of trade show ineffectiveness the contract will not be harmed by that and all the other regulations of the terms of trade will stay effective. 13. Liability The liability for indirect, reasoning and monetary costs and damages as well as any further liability is barred.
14.
legal
effect
of
a
document If some regulation of the terms of trade shows ineffectiveness the contract will not be harmed and stays legal. Stoner Creek Miniatures Trading Post, Paul-Lincke-Weg 2, 61267 Neu Anspach
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