Miniatur Wunderland Hamburg GmbH - Terms and Conditions
General Terms and Conditions
o Miniatur-Wunderland Hamburg GmbH
o Kehrwieder 2, Block D
o 20457 Hamburg
o Phone: 040 / 300 6 800
o Fax: 040 / 300 6 8099
o Email: shop@miniatur-wunderland.de
(Primarily for inquiries)
1. General
(1) These General Terms and Conditions (GTC) apply to all offers and services regarding the internet platform shop.miniatur-wunderland.de. If the customer refers to the inclusion of their own terms and conditions of purchase, these are rejected.
(2) Individual contractual agreements take precedence over general terms and conditions.
2. Conclusion of the Contract
(1) The service descriptions on our website shop.miniatur-wunderland.de do not constitute offers for concluding a purchase contract. Such an offer is only made with the customer's online order via the contact form or based on an order made by telephone or in written form. The confirmation of receipt of the order sent by us does not yet constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by their offer (this expires) if we do not send them the declaration of acceptance within 5 calendar days (calculated from receipt of the order).
(2) If a delayed acceptance declaration sent to the customer is dispatched in such a way that it would have reached them in due time under regular transport conditions and if the customer should have recognized this, they must notify us of the delay immediately upon receipt of the declaration, unless this has already happened before. If the customer delays sending the notification, the acceptance is considered not to be late. Otherwise, our late acceptance is considered a new offer for concluding a purchase contract, which the customer can accept by express acceptance declaration or by receiving the goods.
3. Choice of Law
The law of the Federal Republic of Germany applies to the contractual relationships between the parties to the purchase contract. This choice of law excludes the mandatory consumer protection regulations of the country where the customer has their usual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
4. Prices, Payment, Delivery, Shipping Costs
(1) The remuneration includes the VAT (value-added tax) applicable at the time of the order.
(2) For the conclusion of contracts, we offer the following payment options:
I. For deliveries within Germany:
1. Prepayment by
• Bank transfer
• Credit card
• Sofortüberweisung (instant bank transfer)
• PayPal
II. For deliveries abroad:
Prepayment by
• Bank transfer
• Credit card
• PayPal
(3) All items are delivered within Germany and worldwide.
(4) Delivery is made either by UPS, post, or via DHL.
(5) The shipping costs can be found in the "Delivery & Shipping Conditions" button in the navigation as well as in the product presentations.
5. Information on Distance Selling
(1) The description of the goods can be found in the presentation on the Internet under shop.miniatur-wunderland.de.
(2) Information on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiration, the withdrawal form, the consequences of withdrawal, e.g., return, return costs, and compensation for value, can be found under the menu item "Right of Withdrawal."
(3) Delivery takes place no later than within 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring bank (in the case of prepayment) or after the conclusion of the contract (in the case of cash on delivery or purchase on account).
(4) We do not provide any customer services, particularly no customer support, and we do not grant any warranties ourselves.
(5) There is no extrajudicial complaint or remedy procedure to which we are subject.
(6) All other information about our company, the offer, and the purchase process can be found on our website.
6. Consumer Dispute Resolution Procedure
Since January 9, 2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to the out-of-court resolution of disputes concerning contractual obligations from online purchase contracts or online service contracts between consumers and online traders and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (ODR) is intended to offer a simple, efficient, fast, and cost-effective out-of-court solution for disputes. The ODR platform forwards properly filed complaints to the Alternative Dispute Resolution (ADR) bodies responsible under national law. The use of the ODR platform itself is free of charge; in proceedings before ADR bodies, the consumer may incur costs (up to EUR 30.00) if their application is abusive.
Link to the ODR platform of the EU Commission:https://ec.europa.eu/consumers/odr
Our email address is: shop@miniatur-wunderland.de
7. Information on Electronic Commerce
(1) Technical Steps to Conclude a Contract
See the explanations in section 2 of our GTC.
(2) Storage of the Contract Text / Printout
The customer can save the contract text by using the "Save As" function of their browser to store the respective internet page on their computer. The customer can also print out the contract text using the print function of their browser. We store the contract texts ourselves and make them available to the customer by email.
(3) Correction Option
The customer can correct their entries at any time during the order process by selecting the "Back" button in the browser and then making the appropriate changes. The customer can cancel the entire ordering process at any time by closing the web browser. Furthermore, the order overview also offers an additional correction option before submitting the online order, which the customer is informed about.
(4) Language
The only language available for concluding the contract is German.
(5) Code of Conduct
We are not subject to any special code of conduct (set of rules).
8. Warranty
There is a statutory liability for defects for goods.
9. Retention of Title
1. We retain ownership of the delivered item until all payments from the purchase contract have been received. If the buyer does not fulfill their contractual obligations, particularly in the event of default of payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to return the item.
2. The buyer is obliged to notify us immediately in the event of seizures concerning the purchased item or other related access or attempts to access by third parties so that we can exercise our rights from the retention of title.
10. Note on the Battery Act (BattG)
If the offer includes batteries or accumulators, you are legally obliged to dispose of used batteries or accumulators separately. Please return these to a municipal collection point or local retailer. Batteries and accumulators you have received from us can be returned to us free of charge. Batteries or accumulators containing harmful substances are marked with the symbol of a crossed-out wheelie bin and the chemical symbol of the respective harmful substance (e.g., "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find these notes again in the accompanying documents of the shipment.
11. Transport Damages
(1) If goods are delivered with obvious transport damages, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us assert our own claims against the carrier or transport insurer.
12. Data Protection
The privacy policy for implementing data protection regulations can be found in the separately provided Privacy Policy.
13. Copyright Notice
The photos on our website and the texts created by us are protected by copyright. Unauthorized copying and publishing (even in extracts) will be prosecuted under § 97 UrhG both criminally and civilly.
14. Jurisdiction
For all disputes directly or indirectly resulting from the contractual relationship between the contractual parties, Hamburg is agreed as the exclusive place of jurisdiction, provided the contractual parties are merchants, legal entities under public law, or special funds under public law.
15. Severability Clause
If any provision of the contract with the customer, including these GTC, is or becomes wholly or partially invalid or if the agreements contain a gap, the validity of the remaining provisions shall not be affected thereby.
Hamburg, June 16, 2023