1. General, scope of application
1.1 MINICHAMPS GmbH & Co. KG, Charlottenburger Allee 49, 52068 Aachen, Germany, carries out your orders in this online shop on the basis of the following General Terms and Conditions (GTC).
1.2 These GTC apply to business transactions with consumers and with entrepreneurs. The customer is a consumer if the purpose of the contract predominantly is outside his trade, business or profession. In contrast, an entrepreneur means any natural or legal person or partnership with legal personality who or which, when concluding the contract, acts in exercise of his or its trade, business or profession.
1.3 These GTC apply exclusively. You can download the text to your computer and print it out. General terms and conditions of the customer which deviate from or supplement these GTC shall not apply unless we have expressly agreed to their validity in writing. This also applies if we, in the knowledge of such general terms and conditions of the customer, perform the service for the customer without separate reservation.
2. Conclusion of contract
2.1 The presentation of the products displayed for sale does not constitute a legally binding offer from us to conclude a contract. The customer makes a binding offer to conclude a contract when he clicks the “order with costs” button at the end of the ordering process. Until then, the order process is non-binding for the customer.
2.2 After placing his order, the customer will receive a confirmation of receipt confirming receipt of the order. This does not constitute acceptance of the order. With this e-mail the customer also receives the General Terms and Conditions, the instruction on the statutory right of withdrawal as a consumer and the withdrawal form. In the case of payment in advance, the purchase contract is concluded with the request for payment and, in the case of payment by direct debit and credit card, with the initiation of the payment process. The customer is entitled to cancel his order free of charge at any time until the contract is accepted by us.
3. Storage of the contract text, contract language
3.1 The details of the order, the GTC applicable at the time of conclusion of the contract and the withdrawal instruction shall be sent to the customer by e-mail after the order has been placed. The details of the order will be stored by us in compliance with data protection. Registered customers can view the order data via their customer account.
3.2 The contract shall be concluded in German or English.
4. Right of withdrawal
Consumers have a statutory right of withdrawal. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession (section 13 German Civil Code, „BGB“). In the following, we would like to inform you about your statutory right of withdrawal.
4.1 Withdrawal instruction
Right of withdrawal
(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (MINICHAMPS GmbH & Co. KG, Charlottenburger Allee 49, 52068 Aachen, telephone number: 0241-9672300, fax number: 0241-9672399, e-mail address: info@minichamps.de) about your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed sample withdrawal form for this purpose, which is, however, not mandatory. In order to meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless this has been expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the withdrawal instruction
4.2 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the delivery of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which can be delivered 30 days after the conclusion of the contract at the earliest and the current value of which depends on fluctuations in the market on which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal shall expire prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
- for the delivery of goods if they were due to their nature inseparably mixed with other goods after delivery;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
4.3 Sample withdrawal form
(If you wish to withdraw from the contract, please fill in and send back this form)
To
MINICHAMPS GmbH & Co. KG
Charlottenburger Allee 49
DE 52068 Aachen
fax number: +49 241-9672399
e-mail address: info@minichamps.de
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
_______
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
5. Prices, shipping costs, terms of payment
5.1 The prices of the individual items in our online shop are stated in euros (€) and include the statutory value added tax. The shipping costs are to be paid by the customer in addition to the price of the goods. The shipping costs are shown in the seller’s shipping costs table under “Shipping” and are also displayed to the customer both on the item pages and in the order process.
5.2 The payment options offered by us are displayed on each page of our online shop and in the order process.
Prepayment: If you choose prepayment as payment method, we will provide you with the bank details in the order confirmation, provided the goods are available for immediate delivery. If the goods are only available for delivery at a later date, you will receive a separate payment request as soon as the goods are ready for dispatch to you. The invoice amount is to be transferred to our account within 10 days.
Direct debit: The amount will be debited when the goods are dispatched. You will receive separate information about this by e-mail. In the case of payment by direct debit, you are responsible for any costs incurred by us as a result of a chargeback due to insufficient funds in your account or due to incorrect bank details provided by you.
Credit card: Payments by credit card are made in cooperation with the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg. Your credit card account will be charged when the goods are dispatched. You will receive separate information about this by e-mail.
6. Delivery conditions
6.1 Unless otherwise stated on the product pages, the delivery time for deliveries to Germany is 2 to 5 working days after conclusion of the contract. In the case of goods that are not immediately ready for dispatch, you will be informed as soon as the goods are ready for dispatch.
6.2 In the case of payment in advance, the delivery period shall commence on the day on which the payment order is issued to the remitting bank, in the case of the other payment methods, it shall commence on the day after conclusion of the contract.
6.3 If an ordered item is not available for delivery because we are not supplied, not supplied correctly or not supplied on time by our supplier through no fault of our own despite the supplier’s contractual obligation, we shall be entitled to revoke of the contract. We will inform the customer without undue delay that the ordered goods are not available or will only be available at a later date. In the event of revocation, we will refund any payments already made without undue delay.
7. Retention of title
The delivered goods remain our property until full payment has been made.
8. Warranty and liability
8.1 Statutory liability rights for defects exist for our goods. If the customer is a consumer, the statutory provisions shall apply in the event of a defect in the purchased item.
8.2 If the customer is an entrepreneur, the following special rules apply: We shall have the right to choose the type of cure. To indemnification claims clause 8 shall apply in addition. The limitation period for warranty claims is 12 months from delivery. By way of derogation, the statutory limitation period shall apply to the following claims of the buyer:
– indemnification claims arising from product liability, for damages arising from injury to life, body or health or for breach of an obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the buyer may regularly rely (so-called „Kardinalpflicht“) as well as for other damages caused by an intentional or grossly negligent breach of duty by us or our vicarious agents,
– claims under a right of recourse pursuant to sections 445a, 445b para. 1 BGB,
– claims due to fraudulent concealment of a defect,
– as well as warranty claims in the cases of section 438 para. 1 no. 1 and no. 2 BGB.
8. Liability
8.1 In legal transactions with consumers, we shall be liable in accordance with the statutory provisions.
8.2 In legal transactions with entrepreneurs we shall be liable as follows: In the event of intent and gross negligence, we shall be liable in accordance with the statutory provisions. In the case of slight negligence, we shall only be liable in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the buyer may regularly rely (so-called „Kardinalpflicht“). If we are liable for slight negligence, our liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Apart from that, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded. The preceding exclusions and limitations of liability do not apply if we have assumed a guarantee, for damages which are to be compensated according to the Product Liability Act as well as for damages to life, body or health. The preceding exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties whom we use to perform our obligation.
9. Data protection
We process personal data only in accordance with the legal provisions, in particular the EU General Data Protection Regulation and the Federal Data Protection Act. Detailed information on the processing of personal data can be found here: https://www.minichamps.de/datenschutz
10. Jurisdiction and severability clause
10.1 These GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 If the customer is a merchant, a legal person under public law or a special fund under public law, Aachen shall be the exclusive place of jurisdiction for all disputes arising out of contractual relationships between the customer and MINICHAMPS.
10.3 Should a provision of the contract including these GTC be or become invalid or should an unintentional regulatory gap become apparent, the validity of the remaining provisions of the contract including these GTC shall remain unaffected. The same shall apply in the event of contractual gaps. In such a case, the contracting parties are obliged to agree on a (substitute/supplementary) provision that comes as close as possible to what was intended by the contracting parties within the framework of what is legally permissible.
11. Dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
