General Terms and Conditions (GTC) with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Customer Specifications
- Special Conditions for Repair Services
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1
These General Terms and Conditions (hereinafter referred to as the "GTC") of Markus Andrae, trading under the name "Werst Modell Bahn und Bau" (hereinafter referred to as the "Seller"), apply to all contracts for the supply of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the "Customer") in relation to the goods offered by the Seller in its online shop.
The inclusion of the Customer's own terms and conditions is hereby expressly excluded unless otherwise agreed.
1.2
These GTC shall also apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, unless otherwise expressly provided. For the purposes of these GTC, digital content means data that is created and supplied in digital form.
1.3
These GTC shall also apply accordingly to contracts for the sale and delivery of vouchers, unless otherwise expressly provided.
1.4
These GTC shall also apply accordingly to contracts for the sale and delivery of tickets, unless otherwise expressly stated. These GTC govern only the sale of tickets for specific events described in the respective product description provided by the Seller and do not govern the organization or execution of such events.
The organization and execution of the events are governed exclusively by the applicable statutory provisions between the participant and the event organizer and, where applicable, by any terms and conditions of the event organizer that deviate from these GTC. Unless the Seller is also the event organizer, the Seller shall not be liable for the proper organization or execution of the event. Responsibility for the event lies solely with the respective event organizer.
1.5
For the purposes of these GTC, a Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business, or independent professional activity.
1.6
For the purposes of these GTC, a Business Customer (or Entrepreneur) is any natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business, or independent professional activity when entering into a legal transaction.
2) Conclusion of Contract
2.1
The product descriptions displayed in the Seller's online shop do not constitute binding offers by the Seller but serve solely as an invitation for the Customer to submit a binding offer.
2.2
The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart by clicking the button that completes the order process.
Alternatively, the Customer may submit an offer to the Seller by email, fax, online contact form, post, or telephone.
2.3
The Seller may accept the Customer's offer within five (5) days by:
- sending the Customer a written order confirmation or an order confirmation in text form (e.g. by email or fax), whereby receipt of the confirmation by the Customer shall be decisive; or
- delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
- requesting payment from the Customer after the order has been placed.
If several of the above alternatives occur, the contract shall be concluded at the time when the first of these alternatives takes place.
The acceptance period begins on the day following the Customer's submission of the offer and expires at the end of the fifth day thereafter. If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.
2.4
If the Customer selects a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal User Agreement available at:
https://www.paypal.com/de/legalhub/paypal/useragreement-full
or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at:
https://www.paypal.com/de/legalhub/paypal/privacywax-full
If the Customer chooses a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.
2.5
When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. by email, fax, or letter) after the order has been submitted.
The Seller does not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before placing the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using their login credentials.
2.6
Before submitting a binding order via the Seller's online order form, the Customer may identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of detecting input errors may be the browser's zoom function, which enlarges the display on the screen.
During the electronic ordering process, the Customer may correct any entries using the usual keyboard and mouse functions until clicking the button that completes the order process.
2.7
The contract may be concluded in different languages. The specific languages available are displayed in the Seller's online shop.
2.8
Order processing and communication generally take place by email and through automated order processing systems. The Customer must ensure that the email address provided for order processing is correct and capable of receiving emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1
Consumers are generally entitled to a statutory right of withdrawal.
3.2
Further information regarding the right of withdrawal can be found in the Seller's Cancellation Policy.
3.3
The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals or residents of a Member State of the European Union, and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.
3.4
Unless otherwise agreed, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities where the contract specifies a specific date or period for the performance of the service.
Accordingly, the right of withdrawal is also excluded for contracts concerning the sale of tickets for leisure events scheduled to take place on a specific date or within a specified period.
3.5
Note regarding the original packaging: Please handle the goods and their original packaging with care. Damage to or destruction of the original packaging – particularly sealed or shrink-wrapped collector's packaging – may result in a reduction in the item's value. If, as a result, the goods can no longer be sold as new, we reserve the right to claim compensation for the resulting loss in value, as permitted by applicable law (Section 357a of the German Civil Code (BGB)).
4) Prices and Payment Terms
4.1
Unless otherwise stated in the Seller's product description, all prices quoted are total prices and include the applicable statutory Value Added Tax (VAT). Any additional delivery or shipping costs will be stated separately in the respective product description.
4.2
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, fees charged by financial institutions for money transfers (e.g. bank transfer fees or currency conversion charges), as well as import duties or taxes (e.g. customs duties).
Such costs may also arise in connection with payment transactions if the delivery itself is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3
The available payment method(s) will be displayed to the Customer in the Seller's online shop.
4.4
Where payment by bank transfer in advance has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have expressly agreed on a later due date.
4.5 PayPal
If the Customer selects a payment method offered via the PayPal payment service, payment processing will be carried out by PayPal, which may also use the services of third-party payment providers.
Where the Seller offers payment methods through PayPal under which the Seller provides goods or services before payment is received (e.g. purchase on account or instalment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer.
Before accepting the assignment, PayPal or the commissioned payment service provider will perform a credit assessment using the Customer's transmitted data. The Seller reserves the right to refuse the selected payment method if the credit assessment produces a negative result.
If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed instalment schedule. In such cases, payment may only be made to PayPal or the payment service provider designated by PayPal with discharging effect.
Even where the payment claim has been assigned, the Seller remains responsible for handling general customer inquiries, including those relating to the goods, delivery times, shipping, returns, complaints, cancellation notices, returns following cancellation, or credit notes.
4.6 SOFORT Bank Transfer (Klarna)
If the Customer selects the SOFORT Bank Transfer payment method, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna").
To make a payment using SOFORT Bank Transfer, the Customer must have an online banking account enabled for this service, authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction will then be executed immediately by Klarna, and the Customer's bank account will be debited.
Further information about SOFORT Bank Transfer is available at:
https://www.klarna.com/sofort/
4.7 Apple Pay
If the Customer selects a payment method offered via Apple Pay, payment processing will be carried out by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple").
The individual payment methods available through Apple Pay will be displayed in the Seller's online shop. Apple may use additional payment service providers to process payments, whose own terms and conditions may apply. Where applicable, the Customer will be informed separately.
Further information about Apple Pay is available at:
https://www.apple.com/apple-pay/
4.8 Google Pay
If the Customer selects a payment method offered via Google Pay, payment processing will be carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin D04 E5W5, Ireland ("Google").
The individual payment methods available through Google Pay will be displayed in the Seller's online shop. Google may use additional payment service providers to process payments, whose own payment terms may apply. Where applicable, the Customer will be informed separately.
Further information about Google Pay is available at:
4.9 SEPA Direct Debit
If the Customer selects SEPA Direct Debit, the invoice amount becomes due after the Customer has granted a SEPA Direct Debit mandate, but not before the expiry of the advance notification period ("Pre-Notification").
The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the applicable advance notification period.
A Pre-Notification is any communication (such as an invoice, policy, or contract) informing the Customer that payment will be collected by SEPA Direct Debit.
If the direct debit cannot be collected due to insufficient funds, incorrect bank account details, or because the Customer unjustifiably objects to the debit, the Customer shall bear any bank charges resulting from the failed transaction, provided that the Customer is responsible for the failure.
4.10 PayPal Direct Debit
If the Customer selects PayPal Direct Debit, PayPal will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA Direct Debit mandate has been granted, but not before the expiry of the applicable advance notification period.
A Pre-Notification is any communication (such as an invoice, policy, or contract) informing the Customer that payment will be collected by SEPA Direct Debit.
If the direct debit cannot be completed due to insufficient funds, incorrect bank account details, or because the Customer unjustifiably objects to the debit, the Customer shall bear any fees charged by the respective financial institution resulting from the failed transaction, provided that the Customer is responsible for the failure.
6) Retention of Title
If the Seller performs in advance, the Seller shall retain title to the delivered goods until the purchase price has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions governing liability for defects (warranty rights) shall apply. The following provisions apply in deviation from the statutory rules for contracts concerning the sale of goods:
7.1 Business Customers
If the Customer is acting as a Business Customer:
- the Seller shall have the right to choose the method of subsequent performance (repair or replacement);
- for new goods, the limitation period for warranty claims shall be one (1) year from the date of delivery of the goods;
- for used goods, all warranty claims are excluded;
- the limitation period shall not recommence if replacement goods are supplied under a warranty claim.
7.2 Consumers
If the Customer is acting as a Consumer, the following applies to contracts for the sale of used goods:
The limitation period for warranty claims shall be one (1) year from the date of delivery of the goods, provided that this has been expressly agreed separately between the parties and the Customer has been specifically informed of the shortened limitation period before submitting their contractual declaration.
7.3 Exceptions
The above limitations of liability and shortened limitation periods shall not apply:
- to claims for damages or reimbursement of expenses made by the Customer;
- where the Seller has fraudulently concealed a defect;
- to goods which, in accordance with their customary use, have been used in a building and have caused the building to be defective;
- to any statutory obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.
7.4 Statutory Right of Recourse
For Business Customers, the statutory limitation periods applicable to any statutory right of recourse shall remain unaffected.
7.5 Commercial Duty to Inspect and Notify
If the Customer is a merchant (Kaufmann) within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect the goods and notify defects pursuant to Section 377 HGB.
If the Customer fails to comply with these inspection and notification obligations, the goods shall be deemed approved.
7.6 Transport Damage
If the Customer is a Consumer, they are requested to report any goods delivered with obvious transport damage directly to the carrier upon delivery and to inform the Seller accordingly.
Failure to do so shall not affect the Customer's statutory or contractual warranty rights.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1
The Seller shall be liable without limitation on any legal grounds:
- in cases of intentional misconduct or gross negligence;
- in cases of intentional or negligent injury to life, body, or health;
- under any guarantee given by the Seller, unless otherwise expressly provided in the guarantee;
- where liability is mandatory under applicable law, for example under the German Product Liability Act (Produkthaftungsgesetz).
8.2
If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the type of contract, unless unlimited liability applies pursuant to Section 8.1 above.
Essential contractual obligations are obligations which the contract imposes on the Seller and which are essential for achieving the purpose of the contract, the fulfilment of which is indispensable for the proper performance of the contract and on whose compliance the Customer may regularly rely.
8.3
Except as otherwise provided above, any further liability of the Seller is excluded.
8.4
The above limitations and exclusions of liability shall also apply to the liability of the Seller's legal representatives, employees, and other agents acting on the Seller's behalf.
9) Special Conditions for the Processing of Goods According to Customer Specifications
9.1
Where, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to process or customize them in accordance with the Customer's specifications, the Customer shall provide the Seller with all content required for such processing, including but not limited to texts, images, or graphics, in the file formats, layouts, image resolutions, and file sizes specified by the Seller. The Customer shall also grant the Seller the necessary rights to use such content for the agreed purpose.
The Customer is solely responsible for obtaining the content and acquiring the necessary rights of use. The Customer represents and warrants that they are entitled to use and provide the content supplied to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, including, but not limited to, copyrights, trademark rights, and personal rights.
9.2
The Customer shall indemnify and hold the Seller harmless from and against all claims asserted by third parties arising from the Seller's contractual use of the content provided by the Customer where such use infringes the rights of third parties.
The Customer shall also bear the necessary costs of legal defense, including all court costs and reasonable attorneys' fees to the extent permitted by law. This shall not apply where the Customer is not responsible for the infringement.
If claims are asserted against the Seller by a third party, the Customer shall promptly provide the Seller with all information required for the examination of the claims and the defense thereof, and shall ensure that such information is complete and accurate.
9.3
The Seller reserves the right to reject any order for the processing or customization of goods if the content provided by the Customer violates statutory provisions, official regulations, or accepted standards of public morality.
This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, defamatory, harmful to minors, or that glorifies or incites violence.
10) Special Conditions for Repair Services
Where the Seller is contractually obliged to repair an item belonging to the Customer, the following provisions shall apply:
10.1
Repair services shall be performed at the Seller's registered place of business.
10.2
The Seller shall perform the repair services either personally or through qualified personnel selected by the Seller. The Seller may also engage third parties (subcontractors) to perform the services on its behalf.
Unless otherwise specified in the Seller's service description, the Customer shall not be entitled to request that a particular individual perform the repair service.
10.3
The Customer shall provide the Seller with all information necessary for the repair of the item, unless obtaining such information falls within the Seller's contractual obligations.
In particular, the Customer shall provide a comprehensive description of the defect and inform the Seller of all circumstances that may have caused or contributed to the identified fault.
10.4
Unless otherwise agreed, the Customer shall send the item requiring repair to the Seller's place of business at the Customer's own expense and risk.
The Seller recommends that the Customer take out appropriate transport insurance. The Seller also recommends using suitable protective packaging to reduce the risk of transport damage and to conceal the contents of the shipment.
The Seller will promptly notify the Customer of any obvious transport damage so that the Customer may assert any claims against the carrier where applicable.
10.5
The return shipment of the repaired item shall be at the Customer's expense.
The risk of accidental loss or accidental deterioration of the item shall pass to the Customer once the Seller has handed the item over to a suitable carrier at the Seller's place of business.
At the Customer's request, the Seller will arrange transport insurance for the return shipment.
10.6
Where provided for in the Seller's service description or where separately agreed between the parties, the Customer may personally deliver the item to the Seller's premises for repair and collect it after completion.
In such cases, the above provisions regarding the allocation of costs and risk for shipment and return shipment shall apply accordingly.
10.7
The above provisions do not limit the Customer's statutory warranty rights where the Customer has purchased goods from the Seller.
10.8
The Seller shall be liable for defects in the repair service in accordance with the statutory warranty provisions.
11) Redemption of Promotional Vouchers
11.1
Promotional vouchers issued by the Seller free of charge as part of promotional campaigns, which are valid only for a specified period and cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers"), may only be redeemed in the Seller's online shop and only within the specified validity period.
11.2
Promotional Vouchers may only be redeemed by Consumers.
11.3
Certain products may be excluded from a promotional voucher campaign where such restrictions are expressly stated in the terms of the respective Promotional Voucher.
11.4
Promotional Vouchers must be redeemed before the order process is completed. Subsequent application or crediting of a Promotional Voucher is not possible.
11.5
Multiple Promotional Vouchers may be redeemed in a single order.
11.6
Where a Promotional Voucher provides a fixed monetary value rather than a percentage discount, the total value of the order must be at least equal to the value of the Promotional Voucher. Any remaining voucher balance will not be refunded by the Seller.
11.7
If the value of the Promotional Voucher is insufficient to cover the total purchase price, the Customer may use any of the other payment methods offered by the Seller to pay the remaining balance.
11.8
The value of a Promotional Voucher cannot be redeemed for cash and does not accrue interest.
11.9
A Promotional Voucher will not be reinstated or refunded if the Customer returns goods paid for, in whole or in part, using the Promotional Voucher under their statutory right of withdrawal.
11.10
Promotional Vouchers are transferable.
The Seller may discharge its obligations by accepting a Promotional Voucher presented by the respective holder who redeems it in the Seller's online shop. This shall not apply if the Seller has actual knowledge or is grossly negligent in failing to recognize that the holder is not entitled to redeem the voucher, lacks legal capacity, or lacks the authority to act on behalf of the rightful holder.
12) Redemption of Gift Vouchers
12.1
Gift vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated on the respective voucher.
12.2
Gift Vouchers and any remaining balance on a Gift Voucher may be redeemed until the end of the third calendar year following the year in which the voucher was purchased. Any remaining balance will remain credited to the Customer until the expiry date.
12.3
Gift Vouchers must be redeemed before the order process is completed. Subsequent application or crediting of a Gift Voucher is not possible.
12.4
Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.
12.5
If the value of a Gift Voucher is insufficient to cover the total purchase price, the Customer may use any of the other payment methods offered by the Seller to pay the remaining balance.
12.6
The balance of a Gift Voucher cannot be redeemed for cash and does not accrue interest.
12.7
Gift Vouchers are transferable.
The Seller may discharge its obligations by accepting a Gift Voucher presented by the respective holder who redeems it in the Seller's online shop. This shall not apply if the Seller has actual knowledge or is grossly negligent in failing to recognize that the holder is not entitled to redeem the voucher, lacks legal capacity, or lacks the authority to act on behalf of the rightful holder.
13) Applicable Law
13.1
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In the case of Consumers, this choice of law shall apply only to the extent that it does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has their habitual residence.
13.2
Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for Consumers who, at the time the contract is concluded, are not residents of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.
14) Code of Conduct
The Seller has agreed to comply with the terms and conditions of participation in the "Fairness im Handel" (Fairness in E-Commerce) initiative. These terms and conditions are available online at:
https://www.fairness-im-handel.de/teilnahmebedingungen/
The Seller has also agreed to comply with the Google Customer Reviews Program Guidelines, which are available online at:
https://support.google.com/merchants/answer/14629803?hl=en
15) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
