General standard terms and conditions
1.1. The website "www.z21.eu" is owned by Modelleisenbahn GmbH, Plainbachstraße 4, A-5101 Bergheim, Austria. The General Terms and Conditions of Business ("terms and conditions") given below, in the current version that is valid at the time of accessing the website, apply to all usage of the services on the websites of Modelleisenbahn GmbH by the customer (hereinafter referred to as "Customer"). Any conflicting general terms and conditions of business of the customer shall not be accepted.
1.2. These terms and conditions are accessible on the internet and can be printed. Roco is authorised to modify these terms and conditions at any time with future effect.
2. Internet service of Modelleisenbahn GmbH
2.1. Modelleisenbahn GmbH provides the design and format of the contents of the website offering with no obligation and is entitled at any time to modify, restrict, expand or completely cease its service. Modelleisenbahn GmbH may also provide services via third parties at any time. The firm Modelleisenbahn GmbH endeavours to keep the service accessible and to rectify errors and faults that are not insignificant within a reasonable time period. However, the customer shall not be entitled to continuous availability of the service and a lack of errors therein.
2.2. The service is not intended for persons in countries where the provision or access to the contents provided on the Modelleisenbahn GmbH website is prohibited. Each customer is personally responsible for obtaining the relevant information on any restrictions and to observe these as applicable.
2.3. Modelleisenbahn GmbH accepts no liability for the content provided by the customer being correct, complete and up-to-date.
2.4. Where the website belonging to Modelleisenbahn GmbH contains hyperlinks to other websites operated by persons other than Modelleisenbahn GmbH, these hyperlinks are provided for the customer as information only. Modelleisenbahn GmbH does not check the linked websites and is not responsible for the contents of these websites. The inclusion of hyperlinks by Modelleisenbahn GmbH implies neither endorsement of the contents of these websites, or any connection with the companies operating those websites.
3. Terms and conditions of use
3.1. The customer is only permitted to use the service of Modelleisenbahn GmbH as intended and is required to comply with legal, official and technical regulations. The customer shall not use the options to access the service in contradiction with these terms and conditions and shall respect the rights of third parties. To protect the data, the customer shall take account of the recognised principles of data security. The customer shall take great care to check outgoing emails and queries to Modelleisenbahn GmbH for viruses with the greatest of care.
3.2. Modelleisenbahn GmbH reserves the right, if there is any suspicion of misuse (see point 3.1 above), to follow these procedures, to take the relevant precautions and in the event of reasonable suspicion where necessary to block access of the customer to the content of the websites of Modelleisenbahn GmbH - as a minimum until the customer in question is cleared of suspicion.
3.3. All rights, in particular the copyright protected use and rights of use to the contents provided (incl. photos, figures, technical descriptions, etc.), in relation to the customer are reserved to Modelleisenbahn GmbH. The customer shall be entitled to use the contents provided solely for private and non-commercial purposes or copy it to the main memory of his/her computer. In this context, downloading and temporary storage is permitted solely for private and non-commercial purposes on the customer's computer or screen. The download of product images as a screen background is provided to the customer as a service. Any other use of these downloads is not permitted and will be tracked by Modelleisenbahn GmbH. The customer is entitled to make copies (e.g. downloads, print-outs of contents) solely for private and non-commercial purposes and/or for their own information purposes. The customer is also permitted to retain the accessed contents solely for his/her own use and only to the extent that protection notices (copyright notices and similar) as well as reproductions of brandnames and names unchanged in the duplicated copies. Any further use (in particular reproduction for commercial purposes, publication, etc.), requires prior agreement from Roco in writing.
4. Liability of Modelleisenbahn GmbH
4.1. Modelleisenbahn GmbH offers a service of the type and scope based on the latest underlying technical, legal and commercial conditions of the internet. Modelleisenbahn GmbH endeavours to make its website available every day. However, Modelleisenbahn GmbH cannot guarantee correct operation at all times, in other words continuous and uninterrupted availability. In particular, no liability shall be accepted for faults in technical equipment or for the quality of access to the web pages, or for the details on the availability of the products.
4.2. Modelleisenbahn GmbH shall be liable according to legal regulations, if the customer asserts any claims for damages based on intent or gross negligence, including intent or gross negligence of the representatives or vicarious agents of Modelleisenbahn GmbH. The authorised specialist dealers and collboration partners are not vicarious agents of Modelleisenbahn GmbH.
4.3. Modelleisenbahn GmbH shall be liable in accordance with the legal regulations for damages from the provision of a warranty on the part of Modelleisenbahn GmbH or for claims due to culpable violation of the life, limb or health or for compulsory liability in accordance with product liability law.
4.4. In addition, Modelleisenbahn GmbH in accordance with legal regulations shall be liable if a significant contractual obligation (major obligation) is culpably violated. In these cases, the damages claim is limited to the expected damage that would typically occur.
4.5. Modelleisenbahn GmbH has no influence on the transmission of data via the internet. Modelleisenbahn GmbH therefore accepts no liability for the risk of data loss on the transmission paths outside the firm's territory, i.e. following provision of the data for retrieval on the server. In addition, Modelleisenbahn GmbH accepts no liability for data security outside its territory.
4.6. The customer shall be liable for all consequences and disadvantages that arise for Modelleisenbahn GmbH due to the misuse or illegal use of the service of Modelleisenbahn GmbH or if the customer fails to meet its other contractual obligations (including but not limited to the obligation to keep passwords secret). The customer shall exempt Modelleisenbahn GmbH from all damages claims or claims of third parties on first demand that arise due to the violation of rights by the customer and/or on the basis of contents created by the customer, including reasonable legal proceedings and legal costs. In addition, the customer shall be required to support Modelleisenbahn GmbH in defending these claims.
5. Data Protection
Reference is made at this point to the data protection regulations that are available under "data protection" and that can be printed out.
6. Governing law and place of jurisdiction
German law shall apply exclusively to the legal relationships between Modelleisenbahn GmbH and the customer. The applicability of any other law, in particular UN sales law and the regulations of German International Private Law (IPL) are explicitly excluded. The place of jurisdiction, where legally permissible, is Munich District Court.
7. Final provisions
Should any part of these "General terms and conditions of business" - be ineffective, this shall not affect the remaining part of the "General terms and conditions of" business. Where any provisions are ineffective, the statutory regulations shall apply.
Version of 01/08/20