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 https://www.herpa.de/en/.

(2) The contracting party for all purchase agreement via our online shop is
Herpa Miniaturmodelle GmbH
Leonrodstr. 46-47
D-90599 Dietenhofen
Registernumber: 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