Terms of service
General Terms and Conditions (GTC)
§ 1 Conclusion of contract – scope Between the owner of Ploberger Modelltechnik, Mr. Michael Ploberger, Salzburgerstrasse 101, 4800 Attnang-Puchheim (hereinafter referred to as Ploberger Modelltechnik) and the customer (customer), the following general terms and conditions (GTC) apply to the business relationships in connection with the sale of engines, spare parts, accessories and merchandising of model aircraft and other movable items in the Conclusion of contract valid version: The GTC apply to both consumers and companies, unless a differentiation is made in the respective clause. The GTC apply exclusively. Ploberger Modelltechnik does not recognize deviating conditions and hereby contradicts them. If the customer is an entrepreneur with terms and conditions that conflict with or deviate from these GTC, Ploberger Modelltechnik shall not recognise these terms and conditions and hereby object to them, unless it has agreed to their validity in writing.
§ 2 Business partners Contractual partners may become natural persons and legal entities domiciled in the Republic of Austria or other countries.
§ 3 Offer – Acceptance – Conclusion of contract The products exhibited in the online shop do not yet constitute an offer. For his part, the customer submits a contractual offer (order). Therefore, only the order placed electronically (via Internet), in writing or by telephone is a legally binding offer. The receipt of orders is confirmed immediately, ie regularly on the same working day, electronically and automatically. The confirmation of receipt itself does not constitute acceptance. The order is accepted by e-mail or by mail. Orders will be accepted or rejected within a reasonable and customary processing and consideration time during which inventory and creditworthiness can be checked. In the case of a credit check, the acceptance period may not exceed two weeks. Orders of larger scope are only possible by individual written agreement.
§ 4 Prices – Method of Payment – Default Prices quoted are in EUR and include the statutory value added tax, which is indicated on the invoice. Shipping costs are added. The prices of the respective order day apply. Delivery is made via delivery services at the discretion of Ploberger Modelltechnik. The shipping costs are displayed in the shopping cart. When sending bulky goods (forwarding shipping) abroad, we charge as follows: Models, packages and pallets that cannot be shipped with parcel services, we ship with forwarding agent. The costs for shipping are size, weight and distance dependent. For deliveries to countries outside the European Union, applicable taxes and customs duties must be borne by the customer. Shipping costs, COD fees, taxes and customs duties cannot be refunded. Transport insurance is not taken out. Postal parcels are automatically insured up to a value of EUR 500. The following payment methods are accepted: Amazon Pay, Bitcoin, EPSÜberweisung, PayPal. The account of the customer is debited with the acceptance of the order. Payment on account is only possible with prior written agreement. If necessary, Ploberger Modelltechnik checks and evaluates the data provided by the purchaser and, if justified, maintains a data exchange with a business information service. If a customer is in default of payment, Ploberger Modelltechnik is entitled to demand default interest of 5% above the base interest rate p.a. If Ploberger Modelltechnik has demonstrably incurred a higher damage caused by default, it is entitled to assert this. The customer shall only be entitled to a right of set-off if his counterclaims have been legally established, have been acknowledged by Ploberger Modelltechnik or originate from the same legal relationship.
§ 5 Delivery and obligation to give notice of defects Information on delivery periods is non-binding, unless the delivery date has been bindingly promised in exceptional cases. If, in this case, non-compliance with or delay of an agreed delivery period is due to force majeure, industrial dispute, fire, unforeseen obstacles or other circumstances for which Ploberger Modelltechnik is not responsible, the delivery period shall be extended for the duration of these events. Ploberger Modelltechnik is entitled to make partial deliveries if part of the ordered goods is temporarily unavailable. Additional shipping costs will be borne by Ploberger Modelltechnik. If the purchaser is in default of acceptance, Ploberger Modelltechnik may claim compensation for damages incurred as a result, whereby the purchaser reserves the right to prove lower damages. As long as the customer is in arrears with a liability, Michael Ploberger's obligation to deliver shall be suspended.
§ 6 Warranty in case of defects Within the scope of the following provisions, Ploberger Modelltechnik guarantees for the duration of the statutory warranty period of two years that deliveries and services are free of defects within the meaning of warranty law. The customer must describe defects in the product as precisely as possible and return the product. The returned goods must be accompanied by a copy of the purchase invoice/delivery note. The correction of defects in defective items is primarily done by repair. The warranty does not cover defects and damages that are causally related to the fact that the customer has not complied with the regulations on repair, use and conditions of use, unless these circumstances are not the cause of the defect complained of. Equipment that has not been purchased from Ploberger Modelltechnik will be returned unrepaired and the resulting costs will be charged. Ploberger Modelltechnik produces, operates and trades in products that are intended exclusively for use in RC model making. This is the intended use. The liability of Ploberger Modelltechnik is excluded for damages due to other use of the products.
§ 7 Liability for damages The liability of Ploberger Modelltechnik for contractual breaches of duty as well as liability arising from tort is limited to intent and gross negligence. Insofar as liability for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the emergence of the claim. Insofar as the liability for damages vis-à-vis Michael Ploberger is excluded or limited, this shall also apply with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents of Ploberger Modelltechnik. In particular, Ploberger Modelltechnik is not liable for non-specific product-related information and tips that are offered free of charge, as well as for hyperlinks that refer to third-party offers.
§ 8 Reservation of availability Non-deliverable items will be shown as such on the Internet or placed offline (not visible). Ploberger Modelltechnik is entitled vis-à-vis customers to withdraw from the contract if it does not receive the delivery item despite the prior conclusion of a purchase contract. The customer will be informed immediately about the lack of self-delivery and, in the event of withdrawal, will immediately receive back any consideration already received. Ploberger Modelltechnik is entitled to withdraw from the contract vis-à-vis contractor purchasers in the event of non-delivery, incorrect or late self-delivery.
§ 9 Revocation instruction Right of revocation The customer can revoke his contractual declaration within 14 calendar days without giving reasons. The period begins with receipt of the goods. The timely dispatch of the revocation is sufficient to comply with the revocation period. The annex to these GTC contains an information sheet on how to exercise the right of withdrawal and a model withdrawal form. In order to ensure the fastest possible processing, the customer must attach a copy of the purchase invoice/delivery note and a detailed description of the error to the return of the goods. Failure to do so has no legal consequences. Consequences of revocation In the event of an effective revocation, the mutually received benefits must be postponed. If the goods deteriorate, Ploberger Modelltechnik may demand compensation. This does not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for the customer in a retail shop, for example. In addition, the customer can avoid an obligation to pay compensation by not using the goods as an owner and refraining from doing anything that impairs the value of the goods. The customer shall bear the costs of returning the goods if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or if the customer has not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation. If possible, the goods must be returned to Ploberger Modelltechnik Ploberger Michael Salzburgerstrasse 101 A-4800 Attnang Puchheim in their original packaging and with all packaging components. If the original packaging no longer exists, suitable packaging must provide sufficient protection against transport damage. Only in the case of goods that cannot be sent by parcel (e.g. bulky goods or parcels over 20 kg) is the customer entitled to declare the return also by a return request in text form, e.g. by letter, fax or e-mail. Exclusion: The right of withdrawal does not apply to contracts 1. for products that are manufactured according to customer specifications or clearly tailored to the personal needs of the customer.
§ 10 Retention of title The delivered goods remain the property of Ploberger Modelltechnik until full payment.
§ 11 Inspection and notification obligations If the customer is an entrepreneur, he must inspect the goods within a reasonable period of time after delivery and, if they have a defect, notify Ploberger Modelltechnik immediately. If the customer fails to make this notification, the goods shall be deemed approved. If a defect becomes apparent later, the notification must be made within a reasonable period of time after discovery.
§ 12 Export When exporting the goods to customers in areas outside the Republic of Austria, Ploberger Modelltechnik assumes no liability if industrial property rights of third parties are infringed by delivered products. The buyer is obliged to compensate for all damages caused by the export of goods that have not been expressly delivered for export by Ploberger Modelltechnik.
§ 13 Contract validity/transferability Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The customer may only transfer rights arising from this contract with the consent of Ploberger Modelltechnik.
§ 14 Applicable law and place of jurisdiction The law of the Republic of Austria shall apply. The validity of the international standard sales convention of the Uncitral Convention is excluded. In business transactions with entrepreneurs, legal entities under public law or special funds under public law, the place of jurisdiction is the relevant court at the registered office of Ploberger Modelltechnik.
§ 16 Declaration on data protection For the processing of the business relationship, Ploberger Modelltechnik stores personal data electronically and necessarily passes them on to third parties for this purpose alone (e.g. post, legal advisors of Ploberger Modelltechnik). The customer is entitled to prohibit the disclosure of the data at any time. Ploberger Modelltechnik stores the order data and sends it to the customer by e-mail together with these GTC. The GTC can be viewed at any time via www.ploberger-modelltechnik.at. If the customer has created an account with Ploberger Modelltechnik, the order data can be viewed in the customer login area. Cookies or active content are obtained via the www.ploberger-modelltechnik.at website.
§ 17 Information on Alternative Dispute Resolution An online dispute resolution (ODR) platform has been set up at the European Commission to resolve disputes arising from online sales contracts or online service contracts. This can be accessed under the link: https://webgate.ec.europa.eu/odr/. It can be used to settle out-of-court disputes arising from a purchase contract concluded online with Michael Ploberger.
In addition, Ploberger Modelltechnik has undertaken to involve the following body for out-of-court dispute resolution (ADR entity) in disputes with consumers:
Internet Ombudsmann – Association for the Promotion of Out-of-Court Dispute Resolution on the Internet
c/o ÖIAT (Austrian Institute for Applied Telecommunications)
Margaretenstraße 70/2/10, 1050 Vienna
1. European Commission platform for online dispute resolution: https://webgate.ec.europa.eu/odr/
2. Out-of-court dispute resolution body: Internet Ombudsman (www.ombudsmann.at)
Annex – Information on exercising the right of withdrawal (*) Delete as appropriate