Terms and Conditions

1. General, Scope

1.1 MINICHAMPS GmbH & Co. KG, Charlottenburger Allee 49, 52068 Aachen, Germany, processes 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 both consumers and entrepreneurs. The customer is a consumer if the purpose of the contract cannot predominantly be attributed to their commercial or self-employed professional activity. An entrepreneur, by contrast, is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

1.3 These GTC apply exclusively. You may download the text to your computer and print it. General terms and conditions of the customer that deviate from or supplement these GTC shall not apply unless we have expressly agreed to their validity in writing. This also applies if, being aware of such general terms and conditions of the customer, we perform the service to the customer without any separate reservation.

2. Conclusion of Contract

2.1 The presentation of the products offered for sale does not constitute a legally binding offer to conclude a contract on our part. The customer submits a binding offer to conclude a contract by clicking the "order with obligation to pay" button at the end of the ordering process. Until that point, the ordering process is non-binding for the customer.

2.2 After placing their order, the customer receives an order confirmation acknowledging receipt of the order. This does not yet constitute acceptance of the order. With this e-mail the customer also receives the General Terms and Conditions, the information regarding the statutory right of withdrawal as a consumer, and the withdrawal form. In the case of payment in advance, the purchase contract is concluded upon the request for payment; in the case of direct debit and credit card, it is concluded upon initiation of the payment process. Until the contract is accepted by us, the customer is entitled to cancel their order free of charge at any time.

3. Storage of the Contract Text, Contract Language

3.1 The details of the order, the GTC applicable at the time the contract is concluded, and the withdrawal instructions are sent to the customer by e-mail after their order. The details of the order are stored by us in compliance with data protection regulations. Registered customers can view their order data via their customer account.

3.2 The contract is concluded in German or English.

4. Right of Withdrawal

Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity (Section 13 of the German Civil Code, BGB). Below we would like to inform you about your statutory right of withdrawal.

4.1 Withdrawal Instructions

Right of Withdrawal

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. In order to exercise your right of withdrawal, you must inform us (MINICHAMPS GmbH & Co. KG, Charlottenburger Allee 49, 52068 Aachen, telephone: 0241-9672300, fax: 0241-9672399, e-mail: info@minichamps.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although its use is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of withdrawal instructions

4.2 Exclusion or Early Expiry of the Right of Withdrawal

The right of withdrawal does not apply to contracts:

• for the supply of goods that are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
• for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
• for the supply of alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract, and whose current value depends on fluctuations in the market beyond the control of the entrepreneur;
• for the supply of newspapers, magazines or periodicals, with the exception of subscription contracts.

The right of withdrawal expires early in the case of contracts:

• for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
• for the supply of goods that, after delivery, have been inseparably mixed with other goods due to their nature;
• for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

4.3 Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it)

To
MINICHAMPS GmbH & Co. KG
Charlottenburger Allee 49
DE 52068 Aachen

Fax: +49 241-9672399
E-mail: 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
• Signature of the consumer(s) (only if this form is notified on paper)

(*) Delete as appropriate.

5. Prices, Shipping Costs, Payment Terms

5.1 The prices of the individual items in our online shop are stated in euros (€) and include statutory value added tax. Shipping costs must be borne by the customer in addition to the price of the goods. Shipping costs are shown in the seller's shipping cost table under "Shipping" and are also displayed to the customer on the respective product pages and during the order process.

5.2 The payment options offered by us are displayed on every page of our online shop and during the order process.

Payment in advance: If you choose payment in advance, we will provide you with our bank details in the order confirmation, provided the goods are immediately available for delivery. If the goods can only be delivered at a later date, you will receive a separate payment request as soon as the goods are ready for dispatch. The invoice amount is to be transferred to our account within 10 days.

Direct debit: The debit is made when the goods are dispatched. You will receive separate information about this by e-mail. When paying by direct debit, you shall bear any costs incurred by us as a result of a return debit due to insufficient funds in your account or due to incorrect bank details provided by you.

Credit card: Credit card payments are processed in cooperation with the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg. Your credit card account is charged when the goods are dispatched. You will receive separate information about this by e-mail.

6. Delivery Terms

6.1 Unless otherwise stated on the product pages, the delivery time for deliveries within Germany is 2 to 5 working days after the conclusion of the contract. For goods that are not immediately available for dispatch, you will receive a notification as soon as the goods are ready for shipment.

6.2 In the case of payment in advance, the delivery period begins on the day on which the payment order is issued to the transferring bank; for other payment methods, it begins on the day after the contract is concluded.

6.3 Should an ordered item not be available because we are not, not correctly or not on time supplied by our supplier through no fault of our own despite their contractual obligation, we are entitled to withdraw from the contract. We will inform the customer without undue delay if the ordered goods are unavailable or will only be available at a later date. In the event of withdrawal, we will refund any payments already made without undue delay.

7. Retention of Title

The delivered goods remain our property until payment has been made in full.

8. Warranty and Liability

8.1 Statutory warranty rights apply to our goods. If the customer is a consumer, the statutory provisions 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 have the right to choose the type of subsequent performance. Section 8 applies additionally to claims for damages. The limitation period for warranty claims is 12 months from delivery. The statutory limitation period applies, by way of derogation, to the following claims of the buyer:

– claims for damages arising from product liability, from an injury to life, body or health, or from a breach of a duty the performance of which is essential to the proper execution of the contract and on the observance of which the buyer may regularly rely (so-called cardinal obligation), as well as for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents,

– recourse claims pursuant to Sections 445a, 445b (1) of the German Civil Code (BGB),

– claims based on the fraudulent concealment of a defect,

– as well as warranty claims in the cases of Section 438 (1) No. 1 and No. 2 of the German Civil Code (BGB).

8. Liability

8.1 In legal transactions with consumers, we are liable in accordance with the statutory provisions.

8.2 In legal transactions with entrepreneurs, we are liable as follows: In cases of intent and gross negligence, we are liable in accordance with the statutory provisions. For simple negligence, we are only liable in the event of a breach of a duty the performance of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely (so-called cardinal obligation). Insofar as we are liable for slight negligence, our liability is limited to the damage foreseeable at the time the contract was concluded and typical for the contract. Otherwise, any liability for damages of any kind, on whatever legal basis, including liability for fault at the conclusion of the contract, is excluded. The foregoing exclusions and limitations of liability do not apply insofar as we have assumed a guarantee, to damages that are to be compensated under the Product Liability Act, or to damages resulting from injury to life, body or health. The foregoing exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties whom we engage to perform the contract.

9. Data Protection

We process personal data only in accordance with the applicable legal provisions, in particular the EU General Data Protection Regulation and the German Federal Data Protection Act. Detailed information on the processing of personal data can be found here: https://www.minichamps.de/datenschutz

10. Place of Jurisdiction and Severability Clause

10.1 These GTC are subject to the law 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 entity under public law or a special fund under public law, Aachen shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and MINICHAMPS.

10.3 Should any provision of the contract, including these GTC, be or become invalid, or should an unintended gap in the provisions become apparent, this shall not affect the validity of the remaining provisions of the contract and these GTC. The same applies to gaps in the contract. In such a case, the contracting parties are obliged to agree on a (replacement/supplementary) provision which, within the framework of what is legally permissible, comes as close as possible to what the contracting parties intended.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR platform), which is available at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our legal notice.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.