General Terms and conditions
General Terms and conditions
§1 Area of Application:
The following rules and regulations apply to all visitors or users of the Miniatur Wunderland website, the home page of which is at www.miniatur-wunderland.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Miniatur Wunderland Hamburg GmbH at any time without prior notice and posted on this website. In case you have placed an order in our online-shop, the rules and regulations valid at the time you placed your order apply. Supplementary terms and condition of the purchaser are valid only, if Miniatur Wunderland GmbH has agreed to them in writing. In the event of a violation of these rules and regulations, Miniatur Wunderland GmbH reserves the right to seek all remedies available by law and in equity.
Legal claims are to be sent to
- Miniatur-Wunderland Hamburg GmbH
- Kehrwieder 2, Block D
- 20457 Hamburg
- Phone: +49(49) 300 6 800
- Fax: +49(40) 300 6 8099
- E-mail: firstname.lastname@example.org
(especially for inquiries)
As far as our General Terms and Conditions demand written form, letters, e-mails or facsimile fulfil this criterion.
§2 Conclusion, cancellation, and revocation of sales contract
1. A sales contract with Miniatur Wunderland Hamburg GmbH is concluded only when recorded in writing. Typing errors, misprints and miscalculations on the website entitle Miniatur Wunderland Hamburg GmbH to revoke a sales contract.
2. If Miniatur Wunderland Hamburg GmbH's subcontractors do not fulfil delivery orders in spite of liable contracts, Miniatur Wunderland Hamburg GmbH is entitled to cancel a sales contract. In that case, the buyer will be informed that the product is unavailable, immediately. Already settled payments will be refunded instantly.
3. The buyer can cancel a sales contract by returning unused and factory packaged merchandise within 2 weeks. Miniature Wunderland Hamburg GmbH is entitled to withhold the monetary equivalent to any deprecation of the merchandise caused by use of the item.
4. Because, with this booking, Miniatur Wunderland Hamburg GmbH offers services in the field of leisure activities, in particular admission tickets for events specified for a specified time and date, this is not a distance contract as defined in § 312b BGB (German Civil Code). That means that the contract does not entail a right to withdraw or return the ticket. Any order for tickets is therefore binding on the consumer once the order was confirmed by Miniatur Wunderland GmbH in accordance with § 2.1 above, and the consumer has an obligation to accept and pay for the tickets ordered
In order to close a sales contract, the purchaser has to provide necessary data for processing an order.
Online shop users are liable to give accurate and complete information when ordering. Otherwise the sales contract is not valid. In case of any loss resulting from this, Miniatur Wunderland Hamburg GmbH reserves the right to claim damages.
In the case of data changing, especially name, address, e-mail-address, and banking data, the online shop user is liable to immediately transfer given data to Miniatur Wunderland Hamburg GmbH, in writing.
§4 Prices, Consignment
All prices include VAT, adding packaging and transport as far as applicable.
If not agreed upon otherwise, ordered items are delivered ex stock to the delivery address designated by the purchaser as long as that address is compliant with the restrictions on this website. Any risk is yielded to the purchaser as soon as the merchandise is delivered to the designated recipent by Miniatur Wunderland Hamburg GmbH, or by a third party assigned to deliver by Miniatur Wunderland Hamburg GmbH, even in the event of a partial delivery. Quotations of a delivery due date are non-committal, unless a binding delivery date has been agreed upon in writing, only as an exception.
We ship from Hamburg, Germany, within one week AFTER receiving an irrevocable form of payment. You should receive an e-mail to confirm your order, otherwise you did not post your e-mail adress correctly, or at all. In that case, please place your order again.
The option “Free Shipping & Handling” only applies to specially marked products and special offers. If you choose “Free Shipping & Handling” anyway, we are entitled to subsequent billing.
NOTE: “Free Shipping & Handling” only applies to shipping within Germany!
§5 Payment Terms, due date, default
There is no minimum order value.
Please, see our order form for postal and packaging charges.
All invoiced value, is due net on receipt of the invoice. To balance the amount due, the customer has the following payment options:
- Credit card
The customer is entitled to object to the invoice within 14 days upon receiving the invoice.
Default of payment is billed with EUR 2,50 administrative charges per reminder.
If the purchaser is consumer according to § 13 German Civil Code, he will be at default without a reminder, if his invoice has not been balanced within 30 days of receipt.
In case a purchaser is at default, Miniatur Wunderland Hamburg GmbH is entitled to claim 5% default interest above prime rate p.a.
Miniatur Wunderland Hamburg GmbH is entitled to claim even higher default damages, if substantiated.
Non-cash payments with debt discharging effect are to be transferred to the following bank account (by noting Name and reference):
- Hamburger Sparkasse
- Kto.Nr.: 1236 127 112 (account number)
- BLZ.: 200 50 550 ( bank routing number)
- IBAN: DE10 2005 0550 1236 1271 12
- BIC: HASPDEHH
§6 Offset, Withholding
The purchaser has the right to invoke an offset only in case his counterclaim is sentential or approved by Miniatur Wunderland Hamburg GmbH. Withholding by the purchaser can only be considered, if his counterclaim is based on the same contract.
§7 Right of Title
Miniatur Wunderland Hamburg GmbH holds the right of title (ROT) on any items delivered, until the order is fully paid.
§8 Warranty of Merchantability, Fitness for any Purpose, and Liability
Merchandise defects Miniatur Wunderland Hamburg GmbH is liable for, entitle the purchaser to the option of replacement, or removal of deficiencies. If Miniatur Wunderland Hamburg GmbH is liable, however not able or willing to remove defects or to replace items because of disproportion, or if replacement or removal of defects is delayed beyond a reasonable time limit for causes Miniatur Wunderland Hamburg GmbH is liable for, or removal of defects or substitution delivery fails in any way, the purchaser is entitled to revoke the sales contract or to demand an adequate reduction of the sales price.
If hereafter nothing else ensues, further demands on side of the purchaser, for any legal reasons, are invalid. Miniatur Wunderland Hamburg GmbH is not liable for any damages other than deficiencies with the delivered merchandise. Miniatur Wunderland Hamburg GmbH is not liable for any loss of profits or other financial losses to the purchaser. As far as the liability of Miniatur Wunderland Hamburg GmbH is excluded or limited, personal liability of employees, representatives and vicarious agents is included in this clause.
The limitation of preceding warranty is ineffectual, if the cause of damage is based on deliberation or gross negligence. It is furthermore invalid, if the purchaser claims compensation according to §§ 1, 4 Product Liability Act (German Law), compensation for the absence of a warranted feature or compensation for non-performance of the sales contract. Same applies to an initial inability or impossibility of the contract.
As far as Miniatur Wunderland Hamburg GmbH causes a fundamental breach of contract with gross negligence, the liability amount for damage is limited to the usual coverage provisions for damages.
Implied warranties cover defects for bought items, further manufacturers warranties remain unaffected. Defects of an item must be reported immediately and in written form in order to claim warranty. Miniatur Wunderland Hamburg GmbH is not liable for damages caused in handling or processing bought items.
§9 Withdrawal, Cancellation
Instructions on withdrawal, Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Miniatur Wunderland Hamburg GmbH, Kehrwieder 4, 20457 Hamburg, Tel.: +49 40 300 6 800, Fax: +49 40 300 6 8099, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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 supplementary 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 not later than 14 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 you have expressly agreed otherwise; in any event, you will not incur 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 not later than 14 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 14 days has expired. We will bear the 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.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Miniatur Wunderland Hamburg GmbH
Fax: +49 40 300 6 8099
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§10 Data Privacy Protection
Miniatur Wunderland Hamburg GmbH is authorized to save and use incidental data according to data protection regulations, as far as necessary. The user agrees explicitly.
§11 Applicable Laws and Regulations, and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with German laws of the State and City of Hamburg, Germany, excluding the Uniform Law on the International Sale of Goods (CISG ) . Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in the courts of jurisdiction, Hamburg, Germany, as far as admissible. If one of the preceding clauses is ineffectual, it does not infringe the validity of all other terms. It will be replaced by a regulation as agreed upon by both parties in awareness of its invalidity.
Hamburg, July 31th 2014.