General Business Conditions
Jurisdiction - paragraph (1)
Every use of the services provided on the internet pages of the Gebr. Fleischmann GmbH & Co. KG, Adlerstrasse 2, D-91560 Heilsbronn, Germany is governed by the following General Business Conditions in the version that is current at the time of accessing the website. Any conflicting General Business Conditions of the user are not accepted.
Data use - paragraph (2)
Our internet pages are a platform of the producer. The user is being informed of the product assortment and receives information about events in the model train realm.
It is not possible to make purchases of products on our website. However the user has the option to select products directly from the producer platform and to purchase them online from one of the specialized dealers that are listed on the website.
Any and all obligations resulting from the purchase of products, especially the sales contract, the payment and delivery conditions, and the guarantee are limited exclusively to the user and the dealer which the user has selected during the ordering process. The Gebr. Fleischmann GmbH & Co KG is not a contractual partner for the sale because the user of the producer platform does not enter into a direct sales contract with the Gebr. Fleischmann GmbH & Co KG but with the dealer.
Liability - paragraph (3)
The Gebr. Fleischmann GmbH & Co KG does not guarantee the continuous orderly operation and that the producer platform is always and uninterrupted available. We will also not be held liable for interruptions caused by technical equipment, the quality of the access to our website, or the information regarding the availability of our products from the individual dealers.
At our producer platform you will find links to other web pages, especially to the websites of our specialized dealers"external links". The Gebr. Fleischmann GmbH & Co. KG will not be held liable for the content of web pages that the external links are pointing to because the Gebr. Fleischmann GmbH & Co.KG has no control whatsoever over the present or future design of such web pages or the content provided within. Such web pages are the sole resposibility of the individual provider. The provision of external links does not mean that the Gebr. Fleischmann GmbH & Co. KG has any kind of ownership of the content that the link or pointer is referring to. A permanent control of these external links is not reasonable for the Gebr. Fleischmann GmbH & Co. KG without concrete evidence that the law has been violated. We are not aware that the content provided on these web pages is unlawful. Should we gain knowledge that such links refer to pages with content that constitutes an indictable offense it will be deleted immediately.
§ Data protection - paragraph (4)
The careful handling of the data provided by the user (your privacy) is very important to us. We take a lot of care that the user data is only stored in a very limited way and only to continuously improve the service that we are able to provide for you. The Gebr. Fleischmann GmbH & Co. KG will not sell or make data available to third parties unless it is obligated by law to do so, because of a court ruling, or the circulation is mandated for prosecution in case of an attack to our web infrastructure. We use the stored data exclusively for our own purposes. In addition to that we pledge not to use the data for promotional purposes and the solicitation of commercial and non commercial functions.
Certain web pages are using so called cookies which are apllied by the web browser of the user once our web page is accessed. This application serves the sole purpose to continuously improve our offers by recording user settings and the way that people search our site. We cannot point you in that direction.
Cookies are small files of text data which are stored in the internal harddrive of a computer for a determined time (so called "session cookies") or which are stored on the internal harddrive of a computer permanently (so called "permanent cookies"). For example cookies contain information of your IP address, previous times of logging on, the web page that the user has visited before logging into our website, and the web pages that have been visited on our site. The main purpose of cookies is to make the use of the services as convenient as possible for the user. This way the user can visit websites without having to adjust all settings over and over again for every repeat visit. Cookies are not used to run as independant applications. The IP addresses are immediately deleted after they have been evaluated for statistical purposes.
Every user is entitled by law to have the personal data that is stored by us released to him/her. The request for the release of data has to be accompanied by a valid document that unmistakingly proofs the identity of the person, i.e. by an ID card and a signature. We can give such information also in electronic form. Please contact the following address for such a request:
Gebr. Fleischmann GmbH & Co. KG, Adlersraße 2, D- 91560 Heilsbronn, Germany
Email: info@fleischmann.deFax:49(0)98729533299
Copyright - paragraph (5)
The product illustrations on the web site of the Gebr. Fleischmann GmbH & Co. KG have been expertly created by photographers. Any and all copyrights on the illustrations are owned by the Gebr. Fleischmann GmbH & Co. KG. The copying, manipulation, distribution, and any kind of applied use outside the limits of the German Copyright Law require the mutual written consent of the Gebr. Fleischmann GmbH & Co. KG. Especially downloaded material is intended for private use only. The download of some of our product illustrations as screen savers or wall paper is permitted and provided free of charge as a service on our web page. A different use of the content of such downloaded material is not permitted.
Applicable law and jurisdiction- paragraph 6
The governing law for any relations between the Gebr. Fleischmann GmbH & Co. KG and the user is German law only. The validity of any other law, especially UN-purchase law and the regulations of the International Private Law (IPR) are explicitly excluded. Court of jurisdiction for dealer relations is exclusively Ansbach, Germany.
Final regulations - paragraph (7)
Should any part of these conditions of use be invalid for any reason the remainig part of the conditions of use remain unaffected. Insofar as provisions have not become a part of a contract or are not applicable the regulations provided by law apply.