General Terms and
Conditions
§1 Scope of Application,
Definitions
(1) The following General Terms
and Conditions shall apply for all deliveries to consumers in the version valid
at the time of the order.
A consumer is any natural person who enters into a
legal transaction for purposes which are predominantly neither commercial nor
self-employed (§ 13 BGB).
§2
Conclusion of the contract,
Saving of the contract text
(1) The following provisions
regarding the conclusion of a contract apply to orders via our online shop
http://shop.herpa.de .
(2) The contracting party for
all purchase agreement via our online shop is
Herpa Miniaturmodelle GmbH
Leonrodstr.
46-47
D-90599 Dietenhofen
Registernummer: HRB 348
court of
registry: local court of Ansbach.
(3) The presentation of the
products in our online shop does not represent a legally binding contract offer
on our part, but is only a non-binding invitation to the consumer to order
products. By ordering the desired goods, the consumer makes a binding offer to
conclude a purchase contract.
(4) When an order is received
by us via our online shop, the following provisions apply: The consumer submits
a binding contract offer by successfully going through the ordering procedure
provided in our online shop.
The order is made in the following steps:
1) Selection of the desired
products
2) Confirm by clicking the "Add to cart" button
3) Checking the
information in the shopping cart
4) Click on the "Proceed to checkout"
button
5)
Registration in the online shop after registration and entry of the registration
details (e-mail address and password)
6) Repeat check or correction of the
respective entered data
7) Binding dispatch of the order by clicking on the
button "order with costs" or "buy"
After checking his details and
before the binding submission of the order, the consumer can return to the
website on which the customer's details are recorded by pressing the "Back"
button in the Internet browser he is using and correct input errors, or cancel
the ordering process by closing the internet browser. We confirm the receipt of
the order immediately by an automatically generated e-mail. This order
confirmation does not yet result in a purchase contract, this is only for
information and control. The acceptance of the offer by us takes place by
confirming the order in a separate e-mail or by sending the ordered products.
Deviating from the above, if
the consumer chooses a payment method with immediate payment (e.g. Paypal), a
binding contract is already concluded at the time the payment order to the
payment service is confirmed. In the case of credit card payment, the contract
is concluded at the time the credit card is charged.
This is always under the
condition that the ordering process is completed when the order is sent.
(5) Saving the text of the
contract when ordering via our online shop: We save the text of the contract and
send you the order data and our general terms and conditions by email. You can
view the terms and conditions at any time at
https://www.herpa.de/en/General-terms/.
You can view your past orders in our customer area under My Orders.
§3 Prices, Shipping costs,
Payment, Due date
(1) The prices indicated
include the statutory sales tax and other price components. Any shipping costs
are extra.
(2) We accept payment by
PayPal, credit card (Visa, Mastercard, American Express), Sofortüberweisung,
Giropay or Apple Pay.
(3) If the consumer has chosen
to pay by Paypal, credit card, Sofortüberweisung, Giropay or Apple Pay he
undertakes to pay the purchase price immediately after conclusion of the
contract.
§4 Delivery
(1) Unless we have clearly
stated otherwise in the product description, all items we offer are ready for
dispatch immediately. The delivery takes place within 5 working days at the
latest. In the case of payment in advance, the period for delivery begins on the
day after the payment order to the bank commissioned with the transfer and for
all other payment methods on the day after the conclusion of the contract. If
the end of the period falls on a Saturday, Sunday or public holiday at the place
of delivery, the period ends on the next working day.
(2) The risk of accidental loss
and accidental deterioration of the purchased products will be transferred to
the customer upon delivery of the goods, even in the case of mail-order sales.
§5 Retention of title
We reserve ownership of the goods until the purchase
price has been paid in full.
§6 Right of Withdrawal oft he
Customer in case he is a consumer:
Right of Withdrawal for consumers
Consumers have the right of
withdrawal pursuant to the following provisions, provising that A consumer is
any natural person who enters into a legal transaction for purposes which are
predominantly neither commercial nor self-employed (§ 13 BGB):
Information on
the right of withdrawal:
Right of Withdrawal
You have the right to withdraw from the contract within
fourteen days without having to justify the withdrawal.
The withdrawal period is fourteen days from the day on
you or a nominated third party, who is not the carrier, acquires the material
possession of each the goods ordered.
To exercise your right of withdrawal you have to inform
us
Herpa Miniaturmodelle GmbH
Leonrodstr. 46-47
D-90599 Dietenhofen
E-Mail herpa@herpa.de
by a clear declaration (e.g.
letter, electronic mail, fax) about your decision to withdraw the contract. For
this purpose, you may also use the attached model withdrawal form which,
however, is not required by law.
To observe the withdrawal
period it is sufficient to send out the notification about you exercising your
right of withdrawal before the withdrawal period ends.
Consequences of withdrawal:
If you withdraw from this
contract, we have to refund immediately all payments we have received from you
including the shipping costs (with the exception of additional costs occurred
due to a different kind of shipping which has been chosen by you other than our
standard least expensive shipping) latest within fourteen days from the date we
have received your notice of withdrawal. We will use the same payment you used
in the original transaction for the refund of your payment, unless we have
specifically agreed differently; in any case we shall not charge any fees for
the refund.
We may retain return of the payment until we have
received all goods or you have supplied evidence of having sent back the goods,
whichever is the earliest.
You have to return the goods
immediately, latest within fourteen days from the date you have given notice of
your withdrawal from the contract.
The deadline shall be observed if the goods have been
sent before expiration of the fourteen days deadline.
You bear the direct costs for
returning the goods. You shall only be liable for any diminished value of the
goods resulting from the handling other than what is necessary to ascertain the
nature, attributes and functioning of the goods.
End of the information on the
right of withdrawal
§8 Warranty
The statutory warranty
provisions shall apply.
§9 Contract Language
The contract language is
German.
§10 Customer Service
Our customer service for
questions and complaints is available on weekdays from 8:00 a.m. to 2:00 p.m.:
Telephone: 09824-951-00
Fax: 09824-951-200
E-Mail: kd@herpa.de
Status of the GTC June 2023
