General terms and conditions
General Terms and Conditions of the company Watto's
Junkyard GbR, hereinafter also referred to as "the company".
1§ Purpose of the Company
The purpose of the company is the design and distribution of model making articles. The fulfilment of initiated orders is carried out in the name of the company on its own account on behalf of the respective consumer.
§2 Applicable law
The substantive law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
For customers from third countries, the law of the respective place of residence shall apply with the respective consequences for revocation.
§3 Applicability to entrepreneurs and definitions of terms
(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that can primarily be attributed neither to his commercial nor to his independent business (§ 13 BGB).
§4 Conclusion of a contract, storage of the contract text
(1) The following regulations concerning the conclusion of the contract apply to orders placed via our Internet store: http://www.wattos-junkyard.de, http://www.wattos-junkyard.euhttp://www.wattos-junkyard.
(2) In case of conclusion of the contract, the contract is concluded with
Kai Kraudi and Niklas Reichert
Halberstädter Street 82
comes into effect.
(3) The presentation of the goods in our internet store does not constitute a legally binding offer on our part, but is only a non-binding offer to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following provisions shall apply:
The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
The order is placed in the following steps:
(1) Selection of the desired goods
(2) Confirmation by clicking the "Order" button
(3) checking the data in the shopping cart
(4) pressing the "checkout" button
(5) Logging into the Internet store after registering and entering the login data:
E-mail address and password.
(6) Checking or correcting the data entered.
(7) Binding sending of the order by clicking the button "order" or "buy".
Before the binding submission of the order, the consumer can return to the Internet page on which the customer's data is recorded and correct input errors or cancel the ordering process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his data.
We confirm the receipt of the order immediately by an automatically generated e-mail "order confirmation". With this e-mail we accept your offer.
(8) Storage of the contract text for orders via our internet store: We store the text of the contract and send you the order data and our GTC by e-mail. You can view the GTC at any time at http://www.wattos-junkyard.de/Shopservice/AGB/. You can view your past orders in our customer area under "My Account" and "My Orders".
§5 Prices, shipping costs, payment, due date
(1) The stated prices include the statutory sales tax and other price components. Additionally possible shipping costs.
(2) The consumer has the option of payment in advance, direct pay, credit card or PayPal.
(3) The consumer agrees to pay the purchase price immediately after conclusion of the contract via the selected payment method. If the consumer has chosen payment in advance, the consumer will receive the account details of Watto's Junkyard GbR immediately by e-mail.
(4) For pre-orders, the above payment methods and conditions shall apply. For pre-orders, the consumer agrees to make three down payments for the desired item in the amount of 50 percent, 25 percent and 25 percent of the product price. If desired, a down payment of 100 percent can also be made. Payment of the final "down payment" of 25 percent is due when the particular product is ready for shipment. The consumer will be informed about the due date of the down payments by e-mail.
§6 Availability and shipping
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. In this case, delivery will be made within 30 working days at the latest. The delivery time varies depending on the destination country. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) Pre-orders are not in stock. The delivery time of the respective pre-ordered product can be found in the product description. The delivery time is not binding, but represents an approximate value, which depends, among other things, on material availability and external suppliers. The company informs the consumers of the pre-ordered products about the concrete delivery time. As soon as the item is in stock, the above-mentioned conditions on availability and shipping apply.
(3) The consumer does not bear the risk of loss or damage to the goods during the shipping process if the consumer has chosen a shipping method with shipping insurance and tracking.
Complaints about loss or damage of the goods are only valid until the goods have been properly delivered by the shipping service provider and proof of delivery has been provided.
We recommend that all consumers select insured shipping as the delivery method. If the package has not arrived as planned, for example the package is damaged or didn’t arrive at all, the consumer has to contact Watto's Junkyard GbR immediately, so that Watto's Junkyard GbR is able to work out a solution together with DHL and if necessary to supply a replacement shipment. Claims due to damage or loss of the package must be made within a reasonable time. If there is a proper delivery and proof of delivery, no claim is possible.
(4) If, at the time of the order, one or more items ordered by you are no longer available, we are unfortunately unable to fulfill your order. We reserve the right to cancel the order partially or completely. We will inform you of this in writing via e-mail.
(5) If you have chosen the payment method "Prepayment", the processing of the ordered goods will only take place after the payment has been received on our account.
(6) The delivery of the goods takes place worldwide. If your home country is not listed in the webshop, please send us an e-mail to: firstname.lastname@example.org.
§7 Retention of title
We reserve the ownership of the goods until full payment of the purchase price. This also applies explicitly to payments already made for pre-orders.
The company grants a warranty for completeness and functionality of the delivered model kits immediately after delivery.
This does not apply to a "second-hand purchase" from a private or third-party seller e.g. on Ebay. Despite extensive and careful quality control, even Watto's Junkyard GbR can make mistakes, so we ask the consumer to check the delivered model kit upon receipt. Complaints must be made within a reasonable time by the consumer. Although our model kits are sold as new, they are NOT offered as flawless. Minor surface imperfections may exist and are excluded from any claim.
In case of damages caused by the customer as well as atypical behavior of the products, the warranty by Watto's Junkyard GbR expires.
§9 Claims by defects and liability by damages
(1) All information about the goods is not a warranty but a statement of condition.
The legal regulations regarding material defects and defects of title shall apply.
(2) Claims under the Product Liability Act shall
(3) The Company shall be liable for damages in the event of intentional and grossly negligent conduct on its part. In all other cases, our liability shall be limited to typical contractual damages that could reasonably be expected at the time of conclusion of the contract. Any liability for damages on our part exceeding the liability according to the aforementioned rules shall be excluded. The aforementioned limitations of liability shall also apply in our favor and the favor of any subcontractors involved.
(4) The company is not liable for the constant availability of the website and the availability of the goods offered on it.
§10 Right of withdrawal of the customer as a consumer:
Consumers residing within the European Union are
entitled to a right of revocation according to the following provisions,
whereby a consumer is any natural person who enters into a legal transaction
for purposes that can predominantly be attributed neither to his commercial nor
to his independent professional activity:
Right of withdrawal
For customers from Germany and the EU, EU law applies, according to which you have the right to revoke this contract within fourteen days without giving any reason.
For all other customers, the law of the respective place of residence applies.
The withdrawal period is fourteen days, from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must:
Watto's Junkyard GbR
Kai Kraudi and Niklas Reichert
Halberstädter Street 82
by means of a clear declaration, e.g. a letter sent by mail, or e-mail about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is not mandatory.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
The consumer bears the direct cost of returning the goods. The goods are to be returned to us exclusively insured and with tracking.
End of the cancellation policy
§11 Contract language
The contract language is exclusively German.
§12 Consumer arbitration
Watto's Junkyard GbR is generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Copyright
The website as well as the texts, graphics and images used are protected by copyright. Reproduction or other use is not permitted without the specific permission of Watto's Junkyard GbR.
Status of the terms and conditions: Jan.2023
Free GTC created by agb.de