General Terms and Conditions with Legal Notices

Table of Contents

1. Scope

2. Conclusion of Contract

3. Contractual Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Force Majeure

7. Delay of service at the customer's request

8. Retention of Title

9. Liability for Defects / Warranty

10. Liability

11. Statute of Limitations

12. Retention, Assignment

13. Special Conditions for the Processing of Goods

14. Final Provisions

The RMV D.+M. Reckward Model Car Distribution OHG operates and is responsible for the website www.carisma-rc.de and offers its customers various products and services for purchase on this website. The foundation of a trustworthy business relationship is not delivery and payment terms, but rather collaboration and mutual trust. Nevertheless, we cannot avoid regulating some points in our General Terms and Conditions for business relationships with our customers that deviate from or supplement the statutory provisions.

1. Scope

These General Terms and Conditions (hereinafter "GTC") of RMV D.+M. Reckward Model Car Distribution OHG (hereinafter "Seller") apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed. These GTC also apply exclusively if the Seller carries out the delivery to the Customer, aware of conflicting or deviating conditions of the Customer, without any special reservation. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. Conclusion of Contract

The product representations contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the buyer. The buyer can submit the offer by phone, in writing, by fax, by email, or through the online order form integrated into the seller's online shop. When placing an order through the online order form, the buyer submits a legally binding contractual offer regarding the goods contained in the shopping cart after entering their personal information and by clicking the "Submit Order" button in the final step of the ordering process. The seller may accept the buyer's offer in writing or electronically by means of an order confirmation or by delivering the goods within three days. The seller is entitled to refuse acceptance of the order. Order processing and communication usually take place via email and automated order processing. The buyer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address.

3. Contractual Right of Withdrawal

The seller grants the customer a contractual right of withdrawal in accordance with the following conditions: The customer has the right to withdraw from this contract within fourteen days without providing any reasons. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last item. To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw from the contract by means of a clear statement in text form (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired. If the customer withdraws from the contract in a timely and proper manner, the seller will refund the purchase price paid by the customer, but not the costs of shipping as well as any costs incurred for the payment method chosen by the customer. The refund of the purchase price will be made within fourteen days from the day on which the notification of the withdrawal from the contract was received by the seller. The seller may withhold the refund until they have received the goods back in full. The customer must return the goods immediately and in any case no later than fourteen days from the day on which they informed the seller of the withdrawal from the contract. The deadline is met if the customer sends the goods before the fourteen-day period has expired. The customer bears the costs and the risk of returning the goods. The customer is liable for any potential loss in value of the goods in accordance with the statutory provisions.

4. Prices and Payment Terms

Unless otherwise stated in the seller's product description, the prices listed are net prices, which are subject to the statutory sales tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and taxes may be charged separately if applicable. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. This includes, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

The customer has various payment options available, which are specified in the seller's online shop:

• Paypal

• Advance payment by bank transfer

• Payment upon pickup

In the case of payment by customer account on invoice, the customer agrees to pay the invoice amount immediately upon receipt of the goods. For payment by direct debit and after granting a SEPA direct debit mandate, the debit will occur within one week after the conclusion of the contract. Order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters. If the parties have agreed on special conditions, these generally do not apply to concurrently running and future contractual relationships with the customer.

5. Delivery and Shipping Conditions

The delivery of goods is regularly carried out via shipping to the delivery address specified by the buyer. In the processing of the transaction, the delivery address provided in the seller's order processing is decisive. The costs for shipping the purchased item are to be borne by the buyer. If the buyer requests a specific type of shipping that incurs higher costs, they must also bear these additional costs. If the shipping company returns the shipped goods to the seller because delivery to the buyer was not possible, the buyer bears the costs for the unsuccessful shipping. This does not apply if the buyer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily unable to accept the offered service, unless the seller had announced the service to them a reasonable time in advance. In the case of self-collection, the seller first informs the buyer via email that the goods they ordered are ready for collection. After receiving this email, the buyer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.

6. Force Majeure

In the event of force majeure events that affect the fulfillment of the contract, the seller is entitled to postpone the delivery for the duration of the hindrance and to withdraw partially or completely in the case of longer delays, without any claims against the seller being derived from this. Force majeure includes all events that are unforeseeable for the seller or those that, even if they were foreseeable, are outside the seller's control and whose impact on the fulfillment of the contract cannot be prevented by reasonable efforts of the seller. Any statutory claims of the customer remain unaffected.

7. Delay of service at the customer's request

If the shipping or delivery of the goods is delayed at the customer's request by more than one month after the notification of readiness for shipment, the customer may be charged storage fees of 0.5% of the purchase price for each additional month commenced, but not exceeding a total of 5% of the purchase price. The proof of a higher or lower damage remains reserved for the contracting parties.

8. Retention of Title

The goods remain our property until full payment is made. For entrepreneurs, the following applies additionally: We reserve ownership of the goods until all claims arising from an ongoing business relationship are fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this resale are assigned to us in advance up to the amount of the invoice, regardless of any connection or mixing of the retained goods with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities owed to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Liability for Defects / Warranty

If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies: Claims for defects do not arise from normal wear and tear or damage that occurs after the transfer of risk due to improper or negligent handling, excessive use, unsuitable operating resources, or due to special external influences that are not anticipated by the contract. If the customer or third parties make improper modifications or repairs, there are also no claims for defects for these and the resulting consequences, unless the customer can prove that the reported disturbance was not caused by these modifications or repairs. For new goods, the limitation period for claims for defects is one year from the delivery of the goods. For used goods, rights and claims due to defects are excluded. The liability limitations and reductions of the limitation period regulated above do not apply.

• for items that have been used for a building in accordance with their usual purpose and have caused its defects,

• for the customer's claims for damages and reimbursement of expenses,

• in the event that the seller has fraudulently concealed the defect, as well as

• for the right of recourse under § 445a BGB. The seller has the choice between repair or replacement in the event of subsequent performance.

If a replacement delivery occurs within the framework of liability for defects, the statute of limitations does not restart. If the subsequent fulfillment is carried out by means of a replacement delivery, the customer is obliged to return the originally delivered goods to the seller within 30 days. The return package must include the reason for the return, the customer's name, and the number assigned to the purchase of the defective goods, which allows the seller to allocate the returned goods. As long as and to the extent that the allocation of the return is not possible for reasons attributable to the customer, the seller is not obliged to accept returned goods or to refund the purchase price. The costs of a new shipment are borne by the customer. If the seller delivers a defect-free item for the purpose of subsequent fulfillment, the seller may claim compensation for use from the customer in accordance with § 346 para. 1 BGB. Other statutory claims remain unaffected. If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

10. Liability

For claims arising from damages caused by us, our legal representatives, or agents, we are always fully liable in cases of injury to life, body, or health, in cases of intentional or grossly negligent breach of duty, in cases of warranty promises, as agreed, or to the extent that the scope of the Product Liability Act is applicable. In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), our liability for slight negligence is limited to the damage that was foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Furthermore, claims for damages are excluded.

11. Statute of Limitations

Claims of the customer against the seller are subject to a statute of limitations - with the exception of claims regulated under the section "Liability for Defects / Warranty" - of one year from knowledge of the facts giving rise to the claim, but no later than five years after the performance of the service, unless unlimited liability is assumed in accordance with the preceding clause.

12. Retention, Assignment

The customer's rights of retention and refusal of performance are excluded unless the seller does not dispute the underlying counterclaims or these have been legally established. An assignment of claims arising from the contract concluded with the customer by the customer, in particular an assignment of any warranty claims of the customer, is excluded.

13. Special Conditions for the Processing of Goods

The customer indemnifies the seller against claims from third parties that may arise in connection with a violation of their rights due to the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal violation is not attributable to the customer. The customer is obligated to provide the seller with all information necessary for the examination of claims and for a defense in the event of a claim by third parties, promptly, truthfully, and completely. The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or goes against public morals. This applies particularly to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.

14. Final Provisions

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. If the customer acts as a merchant, a legal entity under public law, or a public law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is in any case entitled to call upon the court at the customer's location.

As of: November 19, 2025, 1:35:26 PM