Terms and Conditions
General Terms and Conditions for Consumers
§ 1 Applicability
The present General Terms and Conditions („GTC“) contain the exclusively applying conditions between you and us, Gebr. Märklin & Cie. GmbH, Stuttgarter Straße 55-57, 73033 Göppingen, Germany, for every contract concluded via our online shop.
§ 2 Conclusion of Contract; Delivery
(1) The presentation of our products on our homepage www.maerklinshop.de is no binding offer from our part.
(2) We are entitled to partial delivery if this is reasonable for you and required for quick handling.
§ 3 Liability
For our goods the liability for defects by law applies, as far as hereinafter nothing else is stipulated:
(1) We are liable – irrespective of the legal basis – for damages or for the compensation of wasted disbursements according to the following provisions in para. (a) and (b):
(a) In case of intention and gross negligence our liability is unrestricted. In case of simple negligence, we are only liable for damages deriving from the breach of a material contractual obligation (obligation which enables the due performance of the contract and the Purchaser generally relys on that it is complied with); in such case our liability is restricted to the foreseeable, typically incurring damage.
(b) The restrictions on liability set forth in para. (a) do not apply as far as we have fraudulently concealed a defect or assumed a guarantee for the condition of the product, for damages deriving from the injury of life, body or health as well as for the Purchaser’s claims according to the German Product Liability Act (Produkthaftungsgesetz).
(2) As far as liability is excluded or restricted vis-à-vis us the same applies for the individual liability for damages of our legal representatives and our vicarious agents.
§ 4 Retention of Title
We reserve the right to ownership on the purchase products until full payment of the purchase price.