My profile Log in German Products Current Dealers Special offers service about us philosophy Companies history Awards Locations Jobs Contact imprint Shipping privacy Conditions Home » About us » Terms and Conditions » Terms of Service 1. Scope 1.1. "Www.roco.cc" is an internet offer from Modelleisenbahn München GmbH, Kronstadter Strasse 4, D-81677 Munich, Germany. The following general terms and conditions ("GTC") in the version valid at the time the website was accessed apply to every use of the service on the Modelleisenbahn München GmbH website (hereinafter "Roco") by the customer (hereinafter "customer"). Any conflicting general terms and conditions of the customer will not be accepted. 1.2. These terms and conditions are available on the Internet and can be printed out. Roco is entitled to change these terms and conditions at any time with effect for the future. 1.3. As part of this online sale, Roco offers customers products for direct purchase from Roco under the heading "Products". When selling online, the customer concludes the purchase contract with Modelleisenbahn München GmbH, Kronstadter Strasse 4, DE-81677 Munich. 2. Roco internet service 2.1. Roco is free to design the content of the website and is entitled to change, restrict, expand or completely discontinue its service at any time. Roco can also have services provided by third parties at any time. Roco strives to keep the service accessible and to eliminate more than just insignificant errors and malfunctions within a reasonable period of time. However, the customer has no right to constant availability and freedom from disruption of the service. 2.2. The service is not aimed at people in countries in which the provision or access to the content posted on the Roco website is prohibited. Each customer is responsible for finding out about any restrictions and for complying with them. 2.3. Roco assumes no liability for the correctness, completeness and topicality of the content called up by the customer. 2.4. Insofar as the Roco website contains hyperlinks to other websites operated by persons other than Roco, such hyperlinks are only made available to the customer as a reference. Roco does not control the linked websites and is also not responsible for their content. The inclusion of hyperlinks on the part of Roco does not imply an approval of the content of such websites, nor a connection with the respective operators. 3. Terms of Use 3.1. The customer may only use the Roco service appropriately and is obliged to comply with legal, official and technical regulations. He will not use the access options to the service in contradiction to these terms and conditions and will respect the rights of third parties. To protect the data, the customer will take into account the recognized principles of data security. Outgoing e-mails and queries to Roco will be checked by the customer for viruses with the greatest possible care. 3.2. Roco reserves the right to follow up on suspicion of improper use (see section 3.1 above), to take appropriate precautions and, if there is justified suspicion, to give the customer access to the contents of the Roco website - at least until the suspicion has been cleared up by the Customers - to block. 3.3. All rights, in particular the copyright usage and exploitation rights to the content made available (incl. Photos, images, technical descriptions, etc.) are exclusive to Roco in relation to the customer. The customer is entitled to use the content made available in each case for private and non-commercial purposes only and to copy it into the main memory of his computer. Downloading as well as temporary storage for exclusively private and non-commercial purposes on his computer or screen is permitted. The download of product images as a screen background is made available to the customer as a service. Any other use of these downloads is not permitted and will be pursued by Roco. The customer is only entitled to produce copies (e.g. downloads, printing of content) for private and non-commercial purposes or for his own information purposes. In addition, the customer may use the retrieved content exclusively for his own use and only to the extent that protective notices (copyright notices and the like) and reproductions of brands and names in the copies are retained unchanged. Any further use (in particular duplication for commercial purposes, public reproduction, etc.) requires the prior written consent of Roco. In addition, the customer may use the retrieved content exclusively for his own use and only to the extent that protective notices (copyright notices and the like) and reproductions of brands and names in the copies are retained unchanged. Any further use (in particular duplication for commercial purposes, public reproduction, etc.) requires the prior written consent of Roco. In addition, the customer may use the retrieved content exclusively for his own use and only to the extent that protective notices (copyright notices and the like) and reproductions of brands and names in the copies are retained unchanged. Any further use (in particular duplication for commercial purposes, public reproduction, etc.) requires the prior written consent of Roco. 4. Roco's liability 4.1. Roco offers a service of type and scope on the basis of the current technical, legal and commercial framework conditions of the Internet. Roco endeavors to provide access to its website on a daily basis. Nevertheless, Roco does not guarantee proper operation at all times, i.e. constant and uninterrupted availability. In particular, there is no liability for malfunctions in the technical systems or the quality of the access to the Internet pages, or for the information about the availability of the products. 4.2. Roco is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of Roco's representatives or vicarious agents. The authorized dealers and cooperation partners are not vicarious agents of Roco. 4.3. Roco is liable according to the statutory provisions for claims for damages from the assumption of a guarantee by Rocos or for claims due to culpable injury to life, body or health or for mandatory liability under the Product Liability Act. 4.4. In addition, Roco is liable in accordance with the statutory provisions if an essential contractual obligation (cardinal obligation) is culpably violated. In these cases, the claim for damages is limited to the foreseeable, typically occurring damage. 4.5. Roco has no influence on the transport of data over the Internet. Roco therefore does not bear the risk of data loss on the transmission path outside of its sphere of control, ie after the data has been made available for retrieval on the server. Roco also assumes no liability for data security outside of its sphere of control. 4.6. The customer is liable for all consequences and disadvantages that Roco incurs as a result of the improper or illegal use of the Roco service or because the customer does not fulfill his other contractual obligations (including but not limited to the obligation to keep the password secret). The customer releases Roco from any claims or demands of third parties on first request that they assert due to violation of rights by the customer or due to content created by the customer, including reasonable legal prosecution and legal fees. Furthermore, the customer undertakes to support Roco in defending against such claims. 5. Privacy At this point, reference is made to the data protection provisions, which can be called up and printed out under "Data protection". Roco reserves the right to change the “Online Sales Conditions of Sale” at any time with future effect. 6. Order process 6.1. An order by the customer represents an offer to Roco to conclude a purchase contract. Roco sends the customer an order confirmation and checks the offer for its legal and actual feasibility, in particular for a possible violation of third party property rights and legal regulations. The order confirmation itself does not constitute acceptance of the offer, but is only intended to inform the customer that his order has been received. Roco is entitled to accept the customer's offer within ten calendar days of receipt. In this case, Roco will send the customer a corresponding order confirmation by email. No sales contract is concluded for products from one and the same order that are not listed in the order confirmation. 6.2. Roco is entitled to reject the conclusion of a purchase contract in whole or in part at its own discretion. Roco "My Locomotive" Design your own LOK - additional service subject to payment against payment in advance The provider enables the user to design an individual LOK. The provider gives you the unique option of an electric locomotive class 1216 "Taurus" of the ÖBB (item no .: 73488, 73489, 79489) or an electric locomotive BR 185.2 of the DB AG (item no .: 73672, 79672) with your very own Note to be provided. Regardless of whether it should be the club logo, a family portrait or a drawing that you would like to have on your model. Your desired model can be designed and ordered here in just a few steps. How does it all work? • Please select your desired model: (Please link models) Electric locomotive Rh 1216 "Taurus" of the ÖBB - DC Art. No .: 73488 Electric locomotive series 1216 "Taurus" of the ÖBB - direct current with sound Item no .: 73489 Electric locomotive series 1216 "Taurus" of the ÖBB - alternating current Item No .: 79489 Electric locomotive BR 185.2 of the DB AG - direct current Item No .: 73672 Electric locomotive BR 185.2 of the DB AG - DC Art. No .: 79672 • Please put your desired model in the shopping cart, go to the cash desk (unfortunately you can only order this model with prepayment. Your model will only go to print after a successful transfer) and Enter your data. You reach the design page after entering your customer data - we need this in order to be able to assign the order to your design. Of course, no purchase will be made before the final inspection and approval of your design. You can change your model design at any time before approval, edit the order at a later point in time or cancel it entirely. • After you have successfully entered your customer data, please click on "Order for a fee", then the design of your very own locomotive begins. • You can now design your model and try out which design you like best. The order is only chargeable once you have finally approved your design. Before that, you have the opportunity to change your design, to put it aside for a few days or to cancel the design. What do you need for this? • One to three images in ".png" or ".jpg" format. • Depending on the design variant, the images should correspond to the approximate dimensions (1138x440 pixels, 2276x440 pixels or 3414x440 pixels). We have prepared templates for you that you are welcome to use for customization. • After uploading, your images can still be adjusted to a small extent to fit the print area. The delivery time for "My Model" is an average of 14 days. If you have any questions, please contact our "My Locomotive" team at meinelok@roco.cc. The customer has to send Roco printable graphics for the corresponding type of finishing. If Roco discovers that the desired "My Locomotive" model cannot be printed due to the graphic delivery, Roco will notify the customer immediately. In this context, Roco states that the customer is solely responsible for the print graphics he transmits. In this context, Roco expressly points out that customary deviations can arise during the printing process. Insofar as these are reasonable for the customer, they are not subject to the right of cancellation and return. Roco is entitled to refuse the conclusion of a purchase contract in whole or in part at its own discretion if it becomes known during the ordering process or if the suspicion arises that the desired personalization violates the rights of third parties or legal regulations (in particular criminal provisions or regulations on the protection of minors). If the customer submits their own motif and / or has any other influence on the “My Locomotive” model ordered (personalization), the customer assures Roco that the text and motif are free of third-party rights. In this case, any violations of copyright, personality or name rights are fully borne by the user. The customer also assures that he does not violate any other rights of third parties through the personalization / individualization of the ordered goods. The customer will release Roco from all claims and claims that are asserted due to the violation of such third-party rights, insofar as the customer is responsible for this breach of duty. The customer reimburses Roco for any defense costs and other damage incurred in this context. 6.3. All declarations made by the customer in the context of an order process may only be made in their own name and are only legally effective in their own name. 7. Right of withdrawal The customer has the right to cancel this order within 14 days without giving a reason. Exceptions to the right of withdrawal A right of withdrawal does not apply to orders for goods that are not prefabricated (eg: Roco "Meine Lok") and for the production of which an individual selection or determination by the customer is decisive or which is clearly tailored to the personal needs of the customer (Personalization and / or individualization). Form: right of withdrawal 8. Delivery 8.1. Unless otherwise agreed, the goods purchased online will be delivered from the Roco warehouse to an address specified by the customer. 8.2. Information about the delivery period is non-binding, unless the delivery date has been promised as a binding exception. The delivery of the goods directly to the customer himself takes place, unless otherwise agreed, usually within 5-10 working days after receipt of the full purchase price payment on the Roco account. 8.3. If Roco is not able to deliver the ordered goods through no fault of its own, Roco is entitled to withdraw from the contract towards the customer. In this case, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. 8.4 If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the time of delivery (date of delivery) has been announced to the user with a reasonable period of time, the customer bears the costs for the unsuccessful delivery. 9. Return policy The following provisions of this section 8 only apply to consumers within the meaning of § 13 BGB, ie for natural persons who conclude a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. 9.1 Right of return The customer can return the goods received to Roco within 14 days without giving a reason. The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of the information obligations by Roco according to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB and also not before the fulfillment of Roco's obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Only in the case of goods that cannot be sent as parcels (e.g. bulky goods) can the customer declare the return by requesting them to be returned in writing. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In any case, the return is at Roco's expense and risk. The return or the return request must be sent to: MEM Support Center Leonardo-Da-Vinci-Weg 6-8 D-32760 Detmold Germany 9.2 Return consequences In the case of an effective return, the mutually received services are to be returned and any benefits drawn are to be surrendered. In the event of a deterioration of the item and for uses (e.g. advantages of use) that cannot be given or partly or only in a deteriorated condition, the customer must compensate Roco for the value. For the deterioration of the thing and for drawn uses, the customer has to pay Roco compensation only insofar as the use or the deterioration is due to a handling of the thing that goes beyond the examination of the properties and the functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the goods or the return request, for Roco with the receipt. Exceptions to the right of return There is no right of return for goods orders that are not prefabricated (e.g. Roco "Meine Lok") and for the production of which an individual selection or determination by the customer is decisive or which is clearly tailored to the personal needs of the user (personalization and / or customization). 10. Prices, shipping costs, payment options 10.1. All prices are in EURO, include, unless expressly stated otherwise, the statutory VAT of currently 19% and do not include shipping costs. The price valid at the time of the order applies. 10.2. From a purchase value of 30.00 €, the goods are sent free of charge within Austria and Germany. If the order value is less than € 30.00, shipping costs of € 6.90 will be charged. The shipping costs for spare parts are a flat rate of € 6.90. The goods are preferably sent with DHL so that they can be delivered to you on a Saturday. The shipment is made by insured shipping. In justified exceptional cases (packing format, weight etc.) Roco has to charge a higher flat rate. This is shown accordingly. If the delivery address is outside the Federal Republic of Germany, Roco will charge the customer shipping costs in the amount of the shipping costs actually incurred by Roco, which are displayed to the customer in the order mask. If, for technical or logistical reasons, the shipment should be made in several stages, Roco will only charge the flat-rate shipping fee once. 10.3. The customer can only pay the purchase price in advance (bank transfer), credit card or PayPal. There are no other payment options. 11. Due date and default in payment 11.1. The purchase price plus shipping costs are due for payment without deduction within 10 calendar days of receipt of the order confirmation (see section 2.1 above). The goods will only be dispatched after the purchase price plus shipping costs have been paid in full. 11.2. If the customer is in default of payment, Roco is entitled to charge default interest of 5 percentage points, if the customer is a consumer, otherwise 8 percentage points above the base interest rate announced by the European Central Bank. If Roco has demonstrably incurred higher damage caused by delay, Roco is entitled to assert this. 11.3. Roco is entitled to obtain information about the customer's payment history from a credit agency (e.g. SCHUFA Holding AG, Arvato Infoscore GmbH, Deltavista GmbH etc.) and the personal data for the purpose of deciding on the establishment, implementation or termination of a contractual relationship with the customer of the customer (e.g. address data, date of birth, etc.). 12. Offsetting and right of retention The customer is only entitled to offset if his counterclaims have been legally established or are undisputed by Roco. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship. 13. Retention of title The goods remain the property of Roco until the purchase price has been paid in full. A resale, transfer by way of security or a comparable disposal of the items subject to retention of title in favor of third parties is not permitted. 14. Warranty For all defects of the purchased item that occur during the statutory warranty period of 2 years, the statutory claims apply at your discretion. In addition, the provisions of section 5 of the provider's general terms and conditions apply to claims for damages. 15. Choice of law, place of jurisdiction German law applies exclusively to the legal relationship between Roco and the customer. The validity of any other law, in particular UN sales law and the regulations of German international private law (IPR) are expressly excluded. The place of jurisdiction is, as far as legally permissible, Munich District Court. 16. Final Provisions Should parts of these “General Terms and Conditions - Online Sales Conditions” be ineffective, the remaining part of the “Online Sales Conditions” will not be affected. As far as provisions are ineffective, the statutory provisions apply. Version 09/20/2016 Products Current Dealers Special offers service about us Sets locomotives wagons control tracks accessories News Trade Fairs Catalogs Newsletter Dealers Dealer Locator Z21 Kameralok Minitank smart rail Hotline spare parts downloads Philosophy Company Contact Returns dealer portal Privacy Policy Dealer list Conditions imprint roco@roco.cc