General Terms and Conditions of Europa-Park GmbH & Co Mack KG for non-commercial business transactions
Art. 1 Scope
The business relationship between Europa-Park GmbH & Co Mack KG (supplier) and the orderer is subject exclusively to the following General Terms and Conditions in the version valid at the time of ordering. Any deviating terms and conditions of the orderer shall apply only if the supplier has given its explicit written consent to their validity.
Our products are manufactured in keeping with EU-law directives, regulations and standards.
Art. 2 Contracting and delivery
Any offers made in the Online Shop are merely non-binding invitations to the orderer to submit a corresponding offer of purchase to the supplier. By clicking the order button, the orderer gives the supplier a binding declaration that the orderer proposes to purchase the content of the basket. The contract comes into force when the supplier sends a declaration following the submission of the order. The declaration is transmitted to the orderer as soon as the order button has been clicked. The contract becomes effective at this point.
The properties of the ordered goods are set out in the product descriptions in the Online Shop. It is possible that images on the website itself may not represent an accurate depiction of the products. Colour deviations, in particular, are possible for technical reasons. Stated weights and measurements and other technical data are stated as precisely as possible, but may contain customary deviations. The properties described here do not constitute defects in the products supplied by the supplier.
If, at the time of ordering, no stocks of the product selected by the orderer are available, the supplier shall notify the customer accordingly in the confirmation of order. If the product is permanently unavailable and/or undeliverable, the supplier issues no declaration of acceptance. No contract comes into force in such a case.
If the product specified by the orderer in his order is merely temporarily unavailable, the supplier shall notify the customer accordingly without delay in its confirmation of order. If delivery is delayed by more than two weeks, the orderer shall be entitled to rescind the contract. In such a case, the supplier shall also be entitled to withdraw from the contract. In the event thereof, any payments already made by the orderer shall be reimbursed without delay.
Failing other arrangements, delivery is ex warehouse to the delivery address stated by the orderer.
Shipment shall be at the supplier's risk.
Art. 3 Consumers' right of cancellation
Cancellation right for consumers
Consumers are entitled to a right of cancellation subject to the following provisions, a consumer being any natural person who concludes a legal transaction for purposes that cannot primarily be assigned to his commercial or to his self-employed professional activities:
Right of cancellation
You have the right to cancel this contract without stating reasons within 14 days. The right of cancellation applies for a period of 14 days counting from the day on which you or a third party named by you, who is not a carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform us (Europa-Park GmbH & Co Mack KG, Europa-Park-Str. 2, D-77977 Rust, Tel: +49/ 7822 – 77 6697, Fax: +49/ 7822 – 860 5779, E-mail: firstname.lastname@example.org) of your decision to cancel the contract by means of an unequivocal declaration (eg a posted letter; fax or e-mail). For this purpose, you may use the attached specimen cancellation form. However, use of this form is not compulsory.
You can also fill in the specimen form or another unequivocal declaration on our website digitally, http://www.europapark-shop.de/downloads/Widerruf.pdf[MSOffice1] , and submit it. If you choose to make use of this option, we will send a confirmation of receipt of the revocation without delay (eg by e-mail).
The cancellation period will be deemed to have been complied with if you send the notification exercising your right of cancellation prior to expiry of the cancellation period.
Consequences of any cancellation
If you cancel this contract, we have a duty to reimburse any payments received from you, including any delivery costs, except for any additional costs due to the fact that you have chosen another delivery type than the least expensive standard delivery offered by us. Such reimbursement shall be made without delay and no later than 14 days counting from the day on which we received the notification that you propose to cancel this contract. For such reimbursement we will use the same means of payment that you employed for the original transaction, failing other express arrangements made with you; in no case will you be charged any fees for such reimbursement.
We are entitled to refuse reimbursement until the goods have been returned to us or until you have evidenced that you have returned them to us, whichever is earlier.
You shall return or hand over the goods without delay and, at any event, no later than 14 days counting from the day on which you informed us of the cancellation of the contract. The term shall be deemed met if you dispatch the goods within the 14-day period. You shall bear the direct costs of returning the goods.
You will only be obliged to bear the costs of any loss of value of the goods if such loss of value results from the fact that the goods have been handled to an extent which goes beyond what is required for an examination of their condition, properties and functioning.
Exclusion and/or premature expiration of the right of cancellation
The right of cancellation does not apply to contracts
for the supply of goods that are not standard, prefabricated products, and whose production is largely determined by an individual selection or purpose specified by the consumer, or which are unequivocally tailored to the consumer's personal needs;
for the supply of goods that can perish quickly or whose best-by date would be quickly exceeded;
for the supply of alcoholic beverages whose price was agreed upon contracting, but can be delivered at the earliest 30 days after contracting and whose current value depends on market fluctuations that the supplier cannot influence;
for the supply of newspapers, magazines or illustrated periodicals, except for subscriptions.
The right of cancellation shall expire prematurely in the case of contracts
for the supply of sealed goods which, on the grounds of health protection or hygiene, are not suitable for returning if their seals were removed after delivery;
for the supply of goods, if , owing to their condition, they were inextricably commingled with other goods after delivery;
for the supply of audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Art. 4 Due date and payment, default
The purchase price shall be due and payable immediately upon ordering. The orderer may pay the purchase price by credit card, Giropay or sofortüberweisung.de. In the event that the orderer is in default, the supplier shall be entitled to demand default interest amounting to 5% above the annual base rate announced by the German Bundesbank. In the event that the supplier has demonstrably sustained a higher default loss, it shall be entitled to claim same.
Art. 5 Authorization to pass on addresses
In the event of any non-payment of a direct debit or in the event of an objection to a direct debit the orderer shall, upon demand, instruct his bank, identified by way of the stated sort code (BLZ) to notify the company or a third party charged by it of the orderer's name and address, so that the supplier can assert its claim against the orderer.
Art. 6 Retention of title
Pending payment in full, the supplier shall retain title to the supplied goods.
Art. 7 Warranty for defects and liability
In the event that an item has defects, the orderer shall have the option of rendering subsequent performance by eliminating the defect or by supplying an item free of defects.
A reasonable term shall be set, within which the supplier shall render the form of subsequent performance selected. Any reworking shall be deemed to have failed if a second attempt proves unsuccessful, unless another situation, specifically one associated with the nature of the item or defect or any other circumstances, applies. The supplier shall be entitled to refuse the selected form of subsequent performance if the form selected involves incurring disproportionately high costs, and if the other form of subsequent performance can reasonably be expected of the orderer.
If the supplier is unwilling or unable to perform subsequently due to disproportionate outlays or if subsequent performance is delayed beyond reasonable periods for reasons for which the supplier is answerable, or if subsequent performance fails in some other manner, the orderer shall be entitled optionally to withdraw from the contract, demand a corresponding reduction in the purchase price or compensation. In the case of immaterial defects, the orderer shall not be entitled to a right of withdrawal.
In the event of notice of defects, the orderer shall forward to the supplier the product concerned, with a description of the defect that is as precise as possible, and a copy of the invoice, the product being in its original packaging. The original packaging must not be used as shipping packaging. Without such cooperation, troubleshooting and any subsequent reworking may be delayed considerably. The orderer's warranty claims shall be preserved at any event, even in the case of non-adherence to this clause.
The warranty term amounts to two years following delivery of the goods.
Failing other arrangements made hereunder, any further-going claims of the orderer – for whatever legal reason – shall be excluded.
Hence, the supplier shall not be liable for damage that has not occurred in or to the supplied item itself; specifically, the supplier shall not be liable for the orderer's lost profit or other financial loss. Insofar as the supplier's liability is excluded or limited, this shall also apply to the personal liability of any employees, representatives and vicarious agents (Erfüllungsgehilfen).
The above limitation of liability shall not apply wherever liability is mandatory, eg under Germany's Product Liability Act (ProdHaftG), in cases of wilful intent or gross negligence, is based on injury to life, limb or health, or is due to infringement of material contractual obligations. However, the claim to compensation on the grounds of an infringement of material contractual obligations shall be limited to foreseeable damage/loss typical of this type of contract, except in cases of liability based on wilful intent or gross negligence or on any injury to life, limb or health. The above arrangement is not associated with a shift of the onus of proof to the orderer. To the extent that the orderer has claims to compensation under the above arrangement, they shall be statute-barred upon expiry of the two-year limitation period applicable to material defect claims. In the case of claims to compensation under the ProdHaftG, the statutory limitation periods shall apply.
The orderer receives no guarantees within the meaning of the law from the supplier.
This shall not affect any manufacturer's warranty.
Art. 8 Data privacy
The supplier, "Europa-Park Gruppe", shall be entitled to process any data concerning the business relationship with the orderer, heeding the provisions of Germany's Federal Data Protection Act (BDSG).
Art. 9 Place of performance, venue and jurisdiction
Regarding contracts with traders (Kaufleute), legal entities governed by public law and special funds (Sondervermögen) under public law, the place of performance in respect of deliveries and payment shall be Rust; the courts at Rust shall have jurisdiction; however, the supplier shall also be entitled to sue at the registered office or a branch establishment of the orderer.
If the orderer has no domestic place of general jurisdiction in Germany or if he relocates his residence or usual abode outside the territory of the Federal Republic of Germany after contracting, the courts at the supplier's registered office shall have jurisdiction. This shall also apply if the orderer's residence or usual abode is not known at the time of filing a lawsuit.
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should any provision of these Conditions and other arrangements made be or become ineffective, this shall not affect the validity of the remaining terms.
European Online Dispute Resolution (ODR) platform
OS-Plattform / European Commission
ODR platform for Online Dispute Resolution (ODR) of the EU Commission
The new regulation on online dispute resolution is designed to enable consumers and companies to submit conflicts resulting from online purchases to an online dispute-resolution system, viz. using the EU-wide platform for online dispute resolution (the "ODR platform").
You can reach it via the following URL: http://ec.europa.eu/odr
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