The company MINICHAMPS GmbH &Co. KG, Charlottenburger Allee 49, 52068 Aachen, Germany, executes its orders on the basis of the following General Standard Terms and Conditions (GSTC).
The conditions kept ready at the time of your order under www.minichamps.de shall have exclusive validity. You can download and print out the text on your computer.
We do not recognise any conditions differing from these, even in case of unconditional delivery.
1. Registration and Cancellation as user
(1) To place an order on www.minichamps.de it is necessary to leave user’s personal data as well as to accept these T&C.
(2) Registrating on MINICHAMPS Market Place the user closes a user contract with MINICHAMPS. This contract can only be closed with legally competent and legal age persons. There is no claim on setting up this user contract.
(3) The account is assigned to the user and can not be transferred.
(4) Data for registration need to be complete and correct, including first name and surname, current postal address, personal e-mail address as well as current phone number. Companies have to be registered by a namely authorized representative, while also the companies‘ name needs to be given.
(5) If personal data change, the user is obliged to update those data accordingly.
(6) The user account consists of user name and password. Choosing these data the user is not allowed to infringe somebody’s rights as well as not to act against law, constitutional order and boni mores.
(7) The user is obliged to keep user name and password confidential and not to pass it to someone else. In case of suspicion of unauthorized access the user has to inform MINICHAMPS immediately.
(8) The user can delete his account at any time, which at the same time terminates the user contract. Cancellation can be done by written letter or e-mail to MINICHAMPS. MINICHAMPS will follow up those kind of notices within its normal business hours.
(9) MINICHAMPS reserves the right to terminate or delete user accounts for a compelling reason, especially misuse or transfer of accounts, violation against the user contract or if the user culpably causes damage of MINICHAMPS cooperation partners. Doing this MINICHAMPS takes care of user’s reasonable interests, in particular whether the user is to be blamed for the breach or not.
(10) At any time MINICHAMPS is allowed to cancel the contract with two weeks per end of month. The right to terminate or to delete the account for a compelling reason remains unaffected.
2. Data Protection
(1) The MINICHAMPS Data Privacy Statment is applied to the user contract.
(2) Furthermore, MINICHAMPS will not forward user name and password to somebody else.
(3) Please consider our policy on data privacy for further information on data protection: https://www.minichamps.de/datenschutz
3. Conclusion of Agreement
Our information, in particular with regard to price, volume, time of delivery and possibility of delivery, are without obligation. You can order your desired articles on the Internet by mouse click, email, fax or letter. The Purchase Agreement shall only come into being when we have confirmed your order in writing, by email or by remittance of the good.
4.Right of Cancellation
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed
Right of withdrawal
(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you have to inform us (MINICHAMPS GmbH & Co. KG, Charlottenburger Allee 49, 52068 Aachen, telephone number: 0241-9672300, fax number: 0241-9672399, e-mail address: firstname.lastname@example.org) by means of a unique Declaration (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) will have to be returned by us immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment we will use the same means of payment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist with contracts
– for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts
The right of revocation expires early in contracts
– for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
– for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery
– for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery
(If you want to cancel the contract, please fill out this form and send it back)
MINICHAMPS GmbH & Co. KG
Charlottenburger Allee 49
DE 52068 Aachen
Fax: +49 241-9672399
– I / we (*) hereby revoke the contract concluded by me / us (*)for the purchase of the following goods:
– Ordered on (*)/ received on (*)
– Name of the conumer(s)
– Address of the consumer(s)
– Signature(s) of the consumer(s) (only in case of written declaration on paper)
(*)Delete as appropriate.
(1) The prices of individual articles are to be understood as not including delivery and dispatch costs; these shall be indicated to you when making your order over the Internet before completion of the order. In case of delivery abroad, any additional taxes and duties shall be borne by you.
(2) The place of performance shall be Aachen. Delivery deadlines shall be without obligation insofar as is not explicitly detailed otherwise. We normally deliver within 7 working days.
(3) We shall be entitled to execute delivery by installments.
(4) We reserve the right to supply you with a good of the same value in quality and price instead of that originally ordered. In such a case, you shall not be obliged to accept the good and the costs of return the good shall be borne by us.
6. Reservation of Ownership and Payment Conditions
(1) The delivered good shall remain our property until payment has been made in full.
(2) We shall only accept the modes of payment offered within the framework of the order. In case of return or the nonpayment of a debit note, you do hereby irrevocably empower your bank to provide us with your name and current address details.
(3) Interest on defaulted payments shall be charged at a rate of 5% above the basic rate of interest of the European Central Bank insofar as you are unable to prove any lesser damage.
(4) An offset with counterclaims shall be excluded where the counterclaim is uncontested or finally stated. You shall only be able to make valid a right of retention insofar as it is based upon claims from the same contractual relationship.
We shall remove deficiencies in the delivered good within a reasonable period of time according to our own choice by the rectification of defects or replacement delivery. If we do not succeed in doing this, you shall be able, according to your own choice, to demand that the purchase price be reduced or that the Agreement be undone. The warranty period shall be 24 months.
8. Limitation of Liability
(1) Against users, who are entrepreneur, MINICHAMPS is only liable for intent and gross negligence.
(2) If the user is consumer MINICHAMPS is only liable for intent and gross negligence as well as culpable violation of main contractual obligations, of debtor’s delay or in cases of responsible impossibilities.
(3) According to § 278 BGB the own liability is on a par with the liability of the accomplice.
(4) In case of ordinary negligence the amount of liability is assumed to those damages, which are typically foreseeable by closing the contract.
(5) The above mentioned limitations of liability are not valid for expressive warranties taken by MINICHAMPS, for damages of violation of life, body and health or in case of mandatory legal regulations.
9. Modification of T&C
(1) MINICHAMPS reserves the right to change these T&C with future effect at any time.
(2) The user will receive the updated T&C latest three weeks before coming into effect. If the user does not disagree within three weeks after receipt by mail, the T&C are accepted and the updated version will be applied. The mail will point out the deadline of three weeks separately.
10. Place of Jurisdiction and Saving Clause
(1)These Terms & Conditions are subjected to legislation of Federal Republic of Germany excluding the UN Covention of Contracts for the International Sale of Goods.
(2) Choice of jurisdiction for all contractual disputes between the user and MINICHAMPS is provided that the customer acts as trader, legal entity of public law or belongs to a special asset under public law Aachen.
(3) If single stipulations of the contract should be or get void or incomplete, all other parts of the contract still stay binding. If available, void or incomplete terms will be replaced by legal regulations.
11. Supplementary conditions for purchase on invoice
(1) Scope and general information
1.1 The following Supplementary Terms and Conditions apply to contracts concluded between us and our customers in which the payment method Invoice Purchase (= purchase on account) is used. The present Supplementary Conditions shall prevail over conflicting General Terms and Conditions in case of conflict.
1.2 An invoice purchase is only possible for customers, the consumers acc. § 13 BGB are and the age of 18 have completed.
1.3 The purchase of the invoice is made available in cooperation with Santander Consumer Bank AG („Santander“), Santander-Platz 1, 41061 Moenchengladbach.
(2) Invoice purchase
With the purchase of the invoice, we offer you a particularly secure and simple payment method that allows you to pay the purchase price only after receiving the goods, without having to disclose your account information. From the date of the invoice, you always have at least 30 days to pay your bill. Your payment will be due at the earliest upon receipt of the goods.
(3) Assignment of claims, responsibility for customer inquiries and warranty
3.1 We hereby inform you that the claims against you from the purchase of the invoice will be assigned to Santander. Payments can be made with debt-discharging effect exclusively to Santander.
3.2 The responsibility for general customer inquiries (eg regarding goods, scope of performance, delivery time or shipping), returns, complaints or the processing of warranty claims shall not change as a result of the assignment; this remains with us as your contractual partner.
(4) Credit check, alternative payment methods
4.1 The payment method Purchase Invoice can only be offered after prior verification of your credit rating.
4.2 Should it not be possible to use the invoice due to insufficient creditworthiness or for other reasons, we offer you an alternative payment option. You are free to conclude the contract using the alternatively offered payment method or to cancel the order process.
(5) Warning: consequences of missed payments / assignment
5.1 If you fail to meet your payment obligation or not completely within the term of your payment, you will be in default without further reminder. We point out that in case of default you are obliged to compensate for the damage caused by the delay. In particular, the delay damage may include costs for reminders as well as costs for appropriate legal prosecution (eg attorney’s fees).
5.2 For each reminder, a fee of EUR 1.20 may be charged. You are entitled to prove that no damage has occurred at all or not at this level.
5.3 The claims against you from the purchase of the invoice can be assigned to third parties at any time, in particular to debt collection agencies for the purpose of recovering outstanding amounts.
12. Supplementary conditions for installment purchase
(1) Scope and general information
1.1 The following Additional Terms and Conditions apply to contracts concluded between us and our customers using the payment method installment purchase. The present Supplementary Conditions shall take precedence over other General Terms and Conditions in case of conflict.
1.2 An installment purchase is only possible for customers, the consumers acc. § 13 BGB are and the age of 18 have completed.
1.3 The installment purchase is provided in cooperation with Santander Consumer Bank AG („Santander“), Santander-Platz 1, 41061 Mönchengladbach.
(2) Invoice / installment purchase
With the installment purchase, you decide to pay the purchase price in monthly amounts for a fixed term (installment purchase), whereby the first monthly amount or the last monthly amount may deviate from the other amounts.
(3) Terms Installment, due date of monthly payments
With regard to the term of your installment purchase, you can choose between different terms. The first monthly payment is due 30 days after the invoice date; all other monthly payments are due on the respective calendar day of the following month (example: invoice date 08.04.2017, 1st installment 08.05.2017, follow-up payments on the 8th of the following month).
(4) Assignment of claims, responsibility for customer inquiries and warranty
4.1 We would like to inform you that the claims against SanTander arising from the installment purchase are assigned to you. Payments can be made exclusively to Santander with a debt-discharging effect.
4.2 The responsibility for general customer inquiries (eg regarding goods, scope of performance, delivery time or dispatch), returns, complaints or the processing of warranty claims shall not change as a result of the assignment; this remains with us as your contractual partner.
(5) Credit check, alternative payment methods
5.1 The payment method installment purchase can only be offered after prior verification of your credit rating.
5.2 If due to insufficient creditworthiness or for other reasons, the use of the installment purchase is not possible, we offer you an alternative payment option. You are free to conclude the contract using the alternatively offered payment method or to cancel the order process.
(6) Warning: consequences of missing payments
6.1 If you do not meet your payment obligation or not completely within the payment term, you will be in default without further reminder. We point out that in case of default you are obliged to compensate for the damage caused by the delay. In particular, the delay damage may include costs for reminders as well as costs for appropriate legal prosecution (eg attorney’s fees).
6.2 For each reminder a fee of EUR 1.20 may be charged. You are entitled to prove that no damage has occurred at all or not at this level.
6.3 Incoming payments – if you have several claims against them – will be credited to the oldest debt.
6.4 Installment agreements may be terminated in the event of late payment under the following conditions:
They are in arrears with at least two consecutive installments in whole or in part and at least 10 per cent of the principal amount of the loan
You were unsuccessfully set a deadline of two weeks to pay the outstanding amount, with the statement that in the case of non-payment within the deadline, all the remaining debt will be required.
6.5 The claims against you from the installment purchase can be assigned to third parties at any time, in particular to debt collection agencies for the purpose of recovering outstanding amounts.
(7) Information on the right of withdrawal for installment purchase agreements
When concluding part payment transactions (installment purchase agreements), consumers generally have a statutory right of revocation, which we inform below.
Cancellation policy for installment transactions
The installment buyer can cancel his contract within 14 days without giving reasons. The period begins after conclusion of the part payment contract, but only after the installment buyer or a third party named by the installment buyer, who is not the carrier, has taken possession of the goods and not before the installment buyer all the mandatory information in accordance with § 492 paragraph 2 BGB (z Information on the type of loan, information on the net loan amount, information on the contract period). The installment purchaser shall be required to provide all compulsory information if it is contained in the copy of the contract for the installment purchaser or in a copy of his application or contract for the installment purchaser and if such a document has been made available to the installment purchaser. Compulsory disclosures not included in the contract text may be used to inform the installment buyer on a durable medium at a later date; the cancellation period is then one month. The installment purchaser must be informed once again of the start of the period of revocation with the additional required information. In order to maintain the cancellation period, the timely dispatch of the revocation is sufficient if the declaration is made on a durable medium (eg letter, fax, e-mail). The revocation must be sent to:
MINICHAMPS GmbH & Co. KG
Charlottenburger Allee 49
DE 52068 Aachen
Fax: +49 241-9672399
Consequences of the cancellation
If the installment buyer withdraws this installment, the installment seller will have all payments received from the installer, including the cost of delivery (except for the additional costs of the installer purchasing a different delivery than the most favorable standard offer). has repaid immediately and at the latest within fourteen days from the day on which the notice of withdrawal of the installment agreement is received by the installment seller. For this repayment, the installment seller uses the same means of payment as the installment buyer used in the original transaction, unless otherwise agreed with the installer; In no case will the installer be charged with this repayment. The installment seller may refuse repayment until he has received the goods back or until the installment purchaser has provided proof that he has returned the goods, whichever is the earlier.
The Part Purchaser must return or hand over the goods to the Partial Payment Vendor immediately and in any event no later than fourteen days from the date on which he informs the Partial Payment Seller of the cancellation of this Agreement. The deadline is respected if the part-payment buyer sends the goods before the expiry of the period of fourteen days. The installment buyer bears the immediate costs of returning the goods. The installer must pay for any loss in value of the goods only if this loss of value is due to a non-necessary to examine the nature, characteristics and functioning of the goods dealing with them.
November 11th 2019