1 General, area of validity
(1) The following general terms and conditions regulate the contractual relationship between SOL-EXPERT - Christian Repky and consumers and companies (hereinafter referred to as "purchaser"), who purchase the goods of SOL-EXPERT - Christian Repky through the online shop and/or the eBay marketplace. The version that is valid at the time of the conclusion of contract is authoritative.
(2) Consumers in the sense of these terms and conditions are natural persons entering into a business relationship with SOL-EXPERT - Christian Repky without this being attributed to their commercial or independent professional activity. Companies in the sense of these terms and conditions are natural persons and legal entities or partnerships with legal capacity which, in exercising their commercial or independent professional activity, enter into a business relationship with SOL-EXPERT - Christian Repky.
2 Conclusion of contract
(1) Conclusion of contract for items set up in the auction format
a) By setting up an item in the online shop and/or on the eBay website, SOL-EXPERT - Christian Repky issues a binding offer for the conclusion of a contract over this item. SOL-EXPERT - Christian Repky determines a starting price in the process and a period (offer duration) within which the offer can be accepted by bidding. In addition, SOL-EXPERT - Christian Repky determines the minimum price not visible for the purchaser in auctions provided with the optional "minimum price".
b) The purchaser accepts the offer by submitting a bid through the bidding function. The bid expires when another bidder submits a higher bid during the offer duration.
c) The contract between SOL-EXPERT - Christian Repky and the purchaser is concluded if the purchaser is the highest bidder at the end of the auction or with an early termination of the offer by SOL-EXPERT - Christian Repky, unless SOL-EXPERT - Christian Repky was legally entitled to withdraw the offer and cancel the available bids. However, in auctions which are provided with the "minimum price" option, the contract is not concluded if the bid of the purchaser does not reach the minimum price.
(2) Conclusion of contract for fixed price items.
a) By setting up an item in the eBay website with the "Buy it now" or "Sofort+Neu" option , SOL-EXPERT - Christian Repky issues a binding offer for the conclusion of a contract over this item (fixed price offer). In the process, SOL-EXPERT - Christian Repky determines a fixed price at which the offer can be accepted at this fixed price independently of the lapse of the offer time and without carrying out an auction. In addition, the fixed price offer of 1zu87modellbau can be provided with the option "best offer".
b) The contract between SOL-EXPERT - Christian Repky and the purchaser is concluded if the purchaser submits an offer in the amount of the fixed price using the bid function.
c) If the purchaser submits a bid which is less than the fixed price in the scope of the "best offer" function, a contract is concluded if 1zu87modellbau accepts the bid. If SOL-EXPERT - Christian Repky makes the purchaser a counter offer, the offer applies as rejected. In this case a contract is concluded if the purchaser accepts the counter offer. The bid and counter offer are binding and retain their validity for 48 hours.
3 Payment, maturity, default of payment
(1) The payment for the goods takes place according to the terms of payment of SOL-EXPERT - Christian Repky.
(2) The purchase price must be paid immediately after conclusion of contract.
(3) If the purchaser is in default of payment, the purchaser is responsible for any negligence during this period. The purchaser is also liable for accidents due to the performance unless the damages would still have occurred in the event of timely performance.
(4) Interest on the purchase price must be paid during the default. The default interest rate for the year is five per cent over the base rate. For legal transactions in which a consumer is not involved, the interest rate is eight per cent over the base rate.
(5) The assertion of additional damages is not barred.
4 Delivery, transfer of risk
(1) The delivery takes place immediately after conclusion of contract to the address indicated by the purchaser, subject to the terms of payment listed in the online shop and/or eBay offer.
(2) a) Transfer of risk when the purchaser is a consumer
The risk of accidental loss and accidental worsening of the purchase item transfers to the purchaser with the transfer of the purchase item.
b) Transfer of risk when the purchaser is an entrepreneur
The risk of accidental loss and the accidental worsening of the purchase item transfers to the purchaser as soon as SOL-EXPERT - Christian Repky has delivered the purchase item to the carrier, freight company or the person or establishment otherwise intended to carry out the shipment.
5 Retention of title
The purchase item remains the property of SOL-EXPERT - Christian Repky until payment in full is provided. Prior to the transfer of ownership, a pledging, transfer by way of security, processing or reconfiguration without the express consent of SOL-EXPERT - Christian Repky is not permitted.
The price indicated in the respective offer for the purchase item is to be understood as a final price including value-added tax and additional price components. The price does not comprise the delivery and shipping costs which are shown separately, if applicable.
(1) SOL-EXPERT - Christian Repky is entitled to withdraw from the contract even in regard to a part of the delivery or service still open if incorrect information about the creditworthiness of the purchaser has been provided or objective grounds arise in regard to the purchaser's inability to pay, such as the initiation of insolvency proceedings over the assets of the purchaser or the rejection of such proceedings due to a lack of assets to cover expenses. Prior to withdrawal, the purchaser is granted the possibility of providing an advance payment or a suitable security.
(2) Without prejudice to any damage claims, in the event of the partial withdrawal, already provided partial services shall be billed and paid in accordance with the contract.
(1) Warranty for consumers
a) SOL-EXPERT - Christian Repky guarantees that the purchase item is free from defects at the time of transfer. If the purchase item has a material defect within six months of the transfer of the purchase item, it is assumed that it was already defective at the time of transfer, unless this assumption is inconsistent with the type of purchase item or the defect. If the material defect first appears after the lapse of six months, the purchaser must prove that the material defect was already present at the time of transfer of the purchase item.
b) If the purchase item is defective at the time of transfer, the purchase has the choice of whether subsequent fulfilment should take place through improvement or replacement delivery. SOL-EXPERT - Christian Repky is entitled to refuse the type of subsequent fulfilment chosen if it only possible with disproportionate costs and the other type of subsequent improvement does not entail considerable disadvantages for the purchaser.
c) If the subsequent fulfilment is unsuccessful, the purchaser can basically demand a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation for damages. In the case of only minor defects the purchaser is not entitled to a right of withdrawal.
d) Claims of the purchaser due to defects are limited to two years, and to one year with the purchase of used items.
(2) Warranty for entrepreneurs
a) If the purchase is a commercial transaction for SOL-EXPERT - Christian Repky and the purchaser, the purchaser must immediately inspect the delivered goods for deviations in quality and quantity and notify SOL-EXPERT - Christian Repky in writing of recognisable defects within a period of one week of the receipt of the goods; otherwise the assertion of the warranty claim is barred. Concealed defects must be communicated to SOL-EXPERT - Christian Repky in writing within a period of one week of the discovery. The timely sending of notification is sufficient for observing the period. In this case the full burden of evidence for all claim requirements applies for the purchaser, especially for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
b) In case of defects, SOL-EXPERT - Christian Repky shall fulfil the warranty according to its own discretion by means of subsequent improvement or replacement delivery.
c) The purchaser's claims due to defects are limited to one year.
(3) If SOL-EXPERT - Christian Repky delivers a purchase item free of defects for the purpose of subsequent fulfilment, SOL-EXPERT - Christian Repky can demand a return of the defective purchase item from the purchaser.
(4) Damages arising from measures of the purchaser that are improper or in violation of the contract which are caused in the set-up, connection, use or storage do not substantiate a claim against SOL-EXPERT - Christian Repky.
9 Limitation of liability
(1) For the occurrence damages other than due to the injury of the life, limb and health, SOL-EXPERT - Christian Repky is only liable to the extent that said damages are based of intentional or grossly negligent action or on culpable breach of a significant contractual duty by SOL-EXPERT - Christian Repky or its vicarious agents. Essential to the contract is a duty which must be fulfilled in order to enable the proper implementation of the contract and the adherence of which the purchaser can normally trust. Liability for compensation for damages beyond this is excluded. Claims from a guarantee provided by SOL-EXPERT - Christian Repky for the condition of the purchase item and the German Product Liability Act remain unaffected by this.
(2) According to the current state of the art, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. Therefore we are not liable for the availability of our offer of goods in the online shop and/or the eBay marketplace at all times.
10 Applicable law, jurisdiction
(1) All disputes from this legal relationship are subject to the law of the Federal Republic of Germany. For consumers this choice of law only applies to the extent that the protection guaranteed by mandatory provisions of the law of the state in which the consumer normally resides is not withdrawn. The applicability of the UN Convention on the International Sale of Goods is excluded.
(2) If the purchaser is a business owner, legal entity under public law or a special asset under public law, the exclusive jurisdiction for all disputes from this contract is that of the registered office of SOL-EXPERT - Christian Repky. The same applies if the person does not have a general jurisdiction in Germany or the domicile or main residence is not known at the time at which the suit is filed.
11 Severability clause
If a provision of these General Terms and conditions should be or become invalid or infeasible, the remaining provisions of these General Terms and Conditions remain unaffected, unless, due to the elimination of individual clauses, a contractual party would be put at a disadvantage so unreasonable that its adherence to the contract can no longer be expected.
End of the General Terms and Conditions General Terms and Conditions