Terms and Conditions

Miniatur Wunderland Hamburg GmbH - Terms and Conditions
General Terms and Conditions for shop.miniatur-wunderland.de

Miniatur Wunderland Hamburg GmbH
Kehrwieder 2, Block D
20457 Hamburg
Telephone: 040 / 300 6 800
Fax: 040 / 300 6 8099
E-Mail: shop@miniatur-wunderland.de
(Especially for inquiries)

1. General

(1) These General Terms and Conditions (AGB) apply to all offers and services related to the online platform shop.miniatur-wunderland.de. If the customer refers to their own terms and conditions or purchasing conditions, these are hereby rejected.

(2) Individual contractual agreements take precedence over General Terms and Conditions.

2. Conclusion of Contract

(1) The service descriptions on our website shop.miniatur-wunderland.de do not constitute offers to conclude a purchase contract. Such an offer is only made with the customer’s online order via the contact form, or by telephone or text-based order. The confirmation of receipt of the order we send afterward does not 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 (it expires) if we have not sent them a declaration of acceptance within 5 calendar days (calculated from the receipt of the order by us).

(2) If an acceptance declaration delayed in reaching the customer was sent in such a way that it would have reached them on time under normal circumstances and if the customer should have recognized this, the customer must notify us of the delay immediately after receiving the declaration, unless this has already been done beforehand. If the customer delays sending the notification, the acceptance is considered not delayed. Otherwise, the delayed acceptance by us is considered a new offer to conclude a purchase contract, which the customer may accept by express declaration or by accepting the goods.

3. Choice of Law

The legal relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany. This choice of law does not affect the mandatory consumer protection regulations of the country where the customer has their habitual 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 payment includes the VAT applicable at the time of the order.

(2) For contracts, we offer the following payment options:

I. For deliveries within Germany:

Prepayment via
- Bank transfer
- Credit card
- Sofortüberweisung
- PayPal

II. For deliveries abroad:
Prepayment via

Bank transfer
Credit card
PayPal

(3) All items are delivered within Germany and worldwide.

(4) The delivery is made either by UPS, Post, or DHL.

(5) Shipping costs can be found in the "Shipping & Delivery Conditions" section of the navigation and in the product presentations.

5. Information on Distance Selling

(1) The description of the goods can be found in the presentation on the website shop.miniatur-wunderland.de.

(2) Instructions regarding your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, early expiration, the withdrawal form, the consequences of withdrawal (e.g., return, return costs, and compensation) can be found under the "Right of Withdrawal" section.

(3) Delivery takes place no later than 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in case of prepayment) or after the conclusion of the contract (for COD or purchase on account).

(4) We do not provide customer services, particularly not customer support, and we do not grant any guarantees.

(5) There are no extrajudicial complaint or redress procedures to which we are subject.

(6) All further information about our company, the offer, and the purchase process can be found on our website.

6. Consumer Dispute Resolution

Since January 9, 2016, Regulation (EU) No. 524/2013 (ODR Regulation) has been in effect regarding online dispute resolution in consumer matters. It applies to the out-of-court settlement of disputes concerning contractual obligations from online purchase or service contracts between consumers and online merchants. The goal is to achieve a high level of consumer protection within the European internal market. The possibility of online dispute resolution (ODR) offers a simple, efficient, fast, and cost-effective extrajudicial solution for disputes. The ODR platform forwards properly submitted complaints to the competent ADR bodies (Alternative Dispute Resolution). The use of the ODR platform itself is free of charge, though consumers may incur costs (up to EUR 30.00) in procedures before the ADR bodies if their request 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 General Terms and Conditions.

(2) Saving / Printing Contract Text
The customer can save the contract text by using their browser's “Save As” function to store the webpage on their computer. They can also print the contract text using their browser’s print function. We store contract texts and make them available to the customer via email.

(3) Correction Options
The customer can correct their entries at any time during the order process by selecting the "Back" button in the browser and making the necessary changes. The customer can cancel the entire ordering process at any time by closing the web browser. Additionally, the order summary before submitting the online order provides another correction option, which is indicated to the customer.

(4) Language
The language available for concluding the contract is exclusively German.

(5) Code of Conduct
We are not subject to any special code of conduct.

8. Warranty

There is a statutory warranty right for goods.

9. Retention of Title

(1) We retain ownership of the delivered goods until all payments from the purchase contract have been received. If the buyer fails to fulfill their contractual obligations, particularly in case of default in payment, we are entitled to demand the return of the delivered goods; in this case, the buyer is obliged to return the goods.

(2) The buyer is obliged to notify us immediately of any seizures or other interventions by third parties concerning the purchase item, so that we can assert our rights from the retention of title.

10. Notice Regarding the Battery Act (BattG)

If our offer includes batteries or accumulators, you are legally obliged to dispose of used batteries or accumulators separately. Please return them to a municipal collection point or local retailer. Batteries and accumulators received from us can be returned to us free of charge. Batteries or accumulators containing hazardous substances are marked with a crossed-out trash can symbol and the chemical symbol of the respective hazardous substance (e.g., “Cd” for cadmium, “Pb” for lead, “Hg” for mercury). You will find these notes again in the accompanying documents of the delivery.

11. Transport Damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.

(2) Failure to file a complaint or contact us does not affect your statutory warranty rights. However, you help us to assert our claims against the carrier or transport insurer.

12. Data Protection

The privacy policy for implementing the data protection regulations can be found in the separately available Privacy Policy.

13. Copyright Notice

The photos posted on our websites and the texts created by us are protected by copyright. Unauthorized copying and publishing (even in part) will be prosecuted under § 97 UrhG, both criminally and civilly.

14. Jurisdiction

For all mutual disputes arising directly or indirectly from the contractual relationship, Hamburg is agreed as the exclusive place of jurisdiction, provided the contracting parties are merchants, legal entities under public law, or special funds under public law.

15. Severability Clause

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part or if the agreement contains a gap, the validity of the remaining provisions shall not be affected.

Hamburg, June 16, 2023