Business terms/Liability

Legal Notice:

Should any content or design-technical issues on individual pages or parts of this website injure third partys´ copyrights or any legal regulations or rise in any other form problems in respect of competition-law, we kindly ask you under reference to § 8 par. 4 UWG, for a appropriate, sufficiently describing and quick message without cost note.

Any legal warning letter without preceding contacting wont be accepted with reference to § 8 par. 4 UWG.

Business Conditions

1. Validity:

Solely the subsequent general business conditions are valid for all offers, deliveries and performances on part of the seller. Special agreements and side agreements are only valid if they are confirmed in writing by ourselves. Otherwise these business conditions are valid.

2. Return Privilege:

We guarantee a return privilege within 14 days for unused merchandise. The return period is observed when the merchandise is sent within the period stipulated (invoice date). You have to cover the cost of the return for returns from such deliveries with order values up to 40 Euro, if the supplied merchandise corresponds to the one ordered. Unfortunately you are liable for any improper use of the models.

3. Dispatch:

"Thomarillion" tries to select the best way of dispatch for each delivery. Accordingly the cost of despatch depends on the type and size of the order. Dispatch abroad only after prior consultation. The risk is passed to the buyer with dispatch of the merchandise by "Thomarillion".

4. Warranty:

"Thomarillion" guarantees that at the time of passage of risk the sold merchandise is without material or production fault and shows the qualities warranted by contract. On arrival the customer has to examine the merchandise immediately for defects and quality. In case of open defects these have to be reported in writing within 10 days after discovery; the same applies for hidden defects. Otherwise the warranty for these defects will lapse. The warranty period is 6 months from delivery date onwards. In case of queries the purchase date has to be proved with an invoice. The article in question has to be sent with an invoice copy, postage paid. The warranty does not extend to normal wear and tear. The warranty will lapse if the customer changes the supplied merchandise. "Thomarillion" has the right to free rework during the warranty period. An exchange of the article in part or in total is permitted. Should defects not be remedied within an appropriate period, the buyer has the claim to cancellation or reduction. § 476a BGB is applicable.

5. Terms of Payment:

For orders from Germany from a value of 100€, and for orders within the EU from a value of 200€ the shipping is free.

Only payment in advance, no cash on delivery. For orders of costly models with high material cost or high expenditure of labour, we will charge a prepayment of 20% in order to protect ourselves against fun orders and malicious intents. The merchandise remains property of "Thomarillion" until full payment. Payment via is also possible.

6. Trust:

You may have a look at the "Thomarillion" Ebay account account anytime, so that you can see that your money does not disappear never to be seen again without countervalue. There will be always auctions on Ebay. Perhaps a nice occasion for a bargain!

7. Place of Jurisdiction:

Place of fulfillment and jurisdiction for both parties is the seat of "Thomarillion" in Ettlingen, Baden-Württemberg. Solely the law of the Federal Republic of Germany is applicable, under exclusion of UN purchasing law, even if the customer orders from abroad or for deliveries abroad. Should one or several provisions of these business conditions be invalid in part or in total, the validity of the remaining provisions shall not be thereby affected.

Liability

1. Contents:

The author does not guarantee the relevance, correctness, completeness, or quality of the information provided. Liability claims against the author related to damages of a material or non-material form which have been caused by the use or non-use of the information provided respectively by the use of faulty and incomplete information, are generally excluded, if there is no provable intentional or grossly negligent fault on part of the author. All offers are subject to change without notice and not binding. The author expressly reserves the right to change, amend, and delete parts of the sites or the entire site or to stop the publication at times or once and for all without separate announcement.

2. References and Links:

For direct or indirect references to other internet sites (“Links”) which are outside the author’s area of responsibility, a liability obligation would come into force solely in such a case in which the author has knowledge of the contents and it would be technically feasible and reasonable to prevent the use in the case of unlawful contents. Therefore the author states expressly that at the time he included the link the pages linked accordingly were without illegal contents. The author has no influence whatsoever on the current and future design and contents of the linked pages. Therefore he dissociates himself expressly from all contents of all linked pages which have been changed after the link was included. This statement is valid for all links and references included within the own internet offer as well as for entries of others in guest books, discussion forums, and mailing lists provided by the author. Solely the supplier of the site to which it was referred, and not the one that only refers to the publication in question via links, will be liable for illegal, faulty or incomplete contents and particularly for damages which arise from the use or non-use of information provided in such a way.

3. Copyright and Marking Right:

The author endeavours to pay attention to the copyrights of the used graphics, sound documents, video sequences, and texts, to use graphics, sound documents, video sequences, and texts made by himself, or to make use of licence-free graphics, sound documents, video sequences, and texts. All brand figures and trademarks mentioned within the internet offer and possibly protected by third parties, are absolutely subject to the stipulations of the respective valid marking right and the property rights of the respective registered proprietor. Solely due to the mere mentioning one must not conclude that brand figures are not protected by the rights of third parties! The copyright for published objects made by the author himself, remains solely with the author of the pages. Any copy or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without express consent of the author.

4. Legal Validity of this Disclaimer of Liability:

This disclaimer of liability is to be seen as part of the internet offer from which it was referred to this page. Should parts or individual phrasings of this text not correspond at all, not anymore or not entirely to the valid legal situation, the remaining parts of the documents shall not be thereby affected in their contents and their validity.