General Terms and Conditions
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
The following contractual terms apply between us, Rainbow Mods & Props, Brucknerstr. 22 in 88250 Weingarten – hereafter „Rainbow Mods & Props / rainbowmods.com / we“ – and the customer described in Section 1 of the contract – hereafter „customer / consumer / you“:
Section 1: Applicability and definitions
1. The commercial relationship between you, our customer, and us is governed solely by the following General Terms and Conditions, as amended at the time of your order.
2. We do not acknowledge any different terms provided by you, unless we explicitly agree in writing that they apply.
3. Website: The website of Rainbow Mods & Props, to be found on www.rainbowmods.com and all of its subdomains
4. Customer: the natural person or corporation who enters into an agreement with Rainbow Mods & Props and/or is registered on the Website.
5. Agreement: any arrangement or agreement between Rainbow Mods & Props and the Customer of which the General Terms and Conditions are an integral part.
6. General Terms and Conditions: these General Terms and Conditions.
Section 2: Agreement / Contract
1. The depictions of the goods in our online shop are not binding and therefore do not constitute a binding offer on our part. They are solely what is known as an „invitation to treat“, i.e. an invitation for you to make us a binding offer.
2. You can choose products from our assortment and collect them in a „shopping cart“ we provide for you by clicking on the button „Add to Cart“.
3. By clicking the „Buy“ button you then make a binding offer to buy the goods in the shopping cart.
4. Before you place your order you can view and change the data at any time. By clicking on the „Buy“ button you agree with these contractual terms and conditions and make them part of your offer.
5. We then send you an automatic confirmation of receipt by email, which lists your order again and notifies you of the contractual details. You can print this by using the „Print“ function on your computer.
6. The automatic confirmation of receipt only documents that we have received your order. It does not constitute an acceptance of your offer, however.
7. The contract only comes about when we explicitly accept your offer, which is done either in a separate email or when the goods are shipped.
Section 3: Prices and information
1. All the prices shown on our website are final prices and include German VAT at the applicable rate.
2. All shipping costs will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3. You are not entitled to offset or withhold payments unless your counter-claim is undisputed or has been definitively established.
4. The content of the Website is composed with the greatest care. Rainbow Mods & Props cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Rainbow Mods & Props are subject to obvious programming and typing errors.
5. Rainbow Mods & Props cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen. Furthermore filament colour specifically is known to look different in different lights. We try to provide the best information for you to make the right colour choice however cannot be held responsible if it does not look exactly like you wanted.
Section 4: Customer account
1. Registration in our online shop is free of charge and completely optional.
2. A customer account may only be opened for one individual customer however. A business person cannot be registered as a customer within the customer account.
3. You may only register if you have full legal capacity. For this reason your customer account may not be transferred. You have no right to open a customer account, however.
4. The data requested when you register must be correct and provided in full. If these data change you are obliged to update your information without delay.
5. When you register you choose a password. You alone are responsible for choosing a sufficiently reliable password. The password must be kept secret to prevent other people gaining access to the customer account. You are obliged to notify us without delay if there is any indication that a third party has misused the customer account.
6. Rainbow Mods & Props cannot be held liable for any misuse of the login credentials and is always entitled to assume that the user who logs on to the Website is the party that it professes to be. The Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.
7. If you know or have reason to suspect that your login details have become available to unauthorised parties, you will be required to change your password as soon as possible and/or to notify Rainbow Mods & Props accordingly so as to allow us to take appropriate measures.
8. We reserve the right to block your customer account and even to stop you from using our online shop any more if you provide false information in your registration, transfer your customer account, infringe statutory provisions, third-party rights or these general terms and conditions in connection with our online shop, cause significant damage to us or other customers or if there is any other important reason.
Section 5: Availability of goods
1. If the product you have chosen is not in stock when you place your order we will tell you so without delay in a separate email. We will also inform you about the estimated availability of the product.
2. If the product you ordered is only temporarily unavailable we will notify you so in a separate email.
Section 6: Delivery and Risk Transfer
1. As soon as Rainbow Mods & Props has received the order, we will send available products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
2. Rainbow Mods & Props is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website or send to you via email which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
4. If we are unable to deliver the products within the agreed term, we will notify you accordingly. In that case you can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
5. If you want to make changes to your order the agreed upon delivery time will change automatically and the new date/time frame will supersede any previously stated delivery times.
6. We advises you to inspect the products upon delivery and to report any defects within an appropriate period, in writing or by email. For further details, see the article about guarantee and conformity.
7. The risks associated with the products will transfer to you as soon as the products are delivered at the agreed delivery address.
8. If the ordered product can no longer be supplied, Rainbow Mods & Props is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
Section 7: Retention of title
1. The goods supplied remain our property until they have been paid for in full.
2. While we retain title to the goods (known hereafter as „goods subject to retention of title“), you the customer may not sell them or otherwise dispose of title to them.
3. In the event that third parties – in particular bailiffs – try to seize the goods subject to retention of title, you will point out our ownership and notify us without delay so that we can enforce our ownership rights.
4. If you are in breach of contract, especially if you are in default of payment, we are entitled to demand the return of the goods subject to retention of title to the extent that we have cancelled the contract.
Section 8: Payment
1. You shall pay the amounts due to Rainbow Mods & Props in accordance with the ordering procedure and any payment methods indicated on the Website. We are free to offer any payment method of our choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
2. Unless otherwise agreed upon all payments due need to be completed before the products will be shipped. We reserve the right to keep the products until you have completed the payment.
3. If the Customer does not complete his payment obligation, he/she will be indebted the legal interest over the belated payment. Rainbow Mods & Props needs to remind the Customer of the belated payment and Rainbow Mods & Props has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term we are allowed to recover any extrajudicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. Rainbow Mods & Props is allowed to deviate from the named amounts and percentages in the advantages of the Customer.
4. Your obligation to pay default interest does not preclude claims by us for further damages.
Section 9: Warranty and conformity
1. We are liable for defects in accordance with statutory regulations, in particular Sections 434 et seq. German Civil Code (BGB).
2. The goods we supply only come with an additional guarantee if one is explicitly provided in writing for a specific article.
3. Rainbow Mods & Props guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement.
3. If the delivered product is not in conformity with the Agreement, you must inform us within a reasonable period of time (max. 14 days) after you have discovered the defect.
4. If we deem the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with you. The maximum amount of compensation is, having regard to the Article on liability, equal to the price you paid for the product.
Section 10: Liability
1. You are not entitled to claim for damages. This does not apply to claims for damages for injury to life, limb and health or for the breach of essential contractual obligations or to our liability for other damages caused by a deliberate or grossly negligent breach of obligations by us, our legal representatives or agents. Essential contractual obligations are those that must be met to achieve the objective of the contract.
2. If we are in breach of essential contractual obligations we are only liable for damages that were foreseeable and typical for the contract, unless they concern claims by you for injury to life, limb and health.
3. The limitations in clauses 1 and 2 also apply for the benefit of our legal representatives and agents if claims are made directly against them.
4. Rainbow Mods & Props will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Rainbow Mods & Props without delay stipulating a reasonable period of time in which to remedy the failure, and Rainbow Mods & Props also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable us to provide an adequate response.
5. Any event giving right to compensation is always subject to the condition that you report the damage or loss in writing to us as soon as possible, but no later than within 30 days after the damage or loss has arisen.
6. In the event of force majeure Rainbow Mods & Props is not liable to pay compensation for any damage or loss Consumer has incurred as a result.
7. The provisions of the German Product Liability Act are not affected.
Section 11: Consumer cancellation right
1. You have the right to cancel this contract without giving a reason within fourteen days.
2. The cancellation period is fourteen days from the day on which you or a third party nominated by you who is not the carrier takes possession of the goods. If the contract covers several articles that you ordered with a single order and are delivered separately, it begins on the day on which you or a third party nominated by you who is not the carrier takes possession of the last partial delivery or the last item.
3. To exercise your cancellation right you must notify us in writing:
Rainbow Mods & Props
of your decision to cancel the contract by means of an unequivocal statement (letter or email). To meet the deadline you only have to send the notification of your cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel the contract we have to reimburse all the payments that we have received from you, including delivery costs (but not including any additional costs resulting from your choice of another delivery method than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your cancellation.
We will use the same payment method for the reimbursement as you used for the original transaction unless we have explicitly agreed otherwise with you; in no event will you be charged any fees for the reimbursement.
We can withhold the reimbursement until we have received the goods again or until you provide evidence that you have returned the goods, whichever is earlier.
You are to return the goods to us without delay and in all events within fourteen days of notifying us that you are cancelling the contract. This deadline is met if you send the goods before the fourteen days have expired.
You must pay the direct costs of returning the goods.
You are only liable for any deterioration in the value of the goods if this deterioration is due to using the goods in a way that is not necessary to test their characteristics, properties and functionality.
This cancellation right does not apply to orders for goods that have been manufactured to your specific wishes (custom orders) or are clearly made for personal requirements or whose characteristics make them unsuitable for returning (e.g. sanitary articles).
End of advice on your cancellation right
Section 12: Data processing
1. We collect data from you in the course of processing contracts. In doing so we comply with the provisions of the German Federal Data Protection Act (BDSG). Without your consent we will only collect, process or use master data and usage data for you to the extent necessary to process the contract.
2. Without your consent we will not use your data for advertising, market research or opinion polling. Any further collection, processing and use of personal data only takes place to the extent allowed by law or if you give your explicit consent.
4. You are aware that your name, whether you are a consumer or business person, your address, date of birth and bank account details are required for the conclusion and execution of this contract and you agree to the collection, processing and use of these data for this purpose.
5. We are entitled to transmit your data to third parties if and insofar as this is necessary to carry out the contract (e.g. for delivery, invoicing and customer services). You also agree that we may forward your data to the extent permitted by law to third parties (e.g. debt collection agencies) in order to recover money owed to us.
Section 12: Final provisions
1. Contracts between you and us are governed by the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
3. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Rainbow Mods & Props