General terms and conditions of the web shop of PIKO Spielwaren GmbH

Overview of the general terms and conditions

1. Scope of application
2. Contractual partners
3. Offer and conclusion of contract
4. Cancellation right for consumers
5. Prices and delivery costs
6. Delivery
7. Payment
8. Reservation of property
9. Warranty
10. License Agreement 

General terms and conditions

(The following GTC contain also statutory information about your rights according to the regulations on contracts in distance marketing and in electronic business transactions.)

1. Scope of application
   For all deliveries from the web shop of PIKO Spielwaren GmbH (hereinafter: PIKO Spielwaren GmbH) to consumers (§ 13 BGB), these general terms and conditions (GTC) apply.
    
2. Contractual partners
   The purchase contract is made with: PIKO Spielwaren GmbH, Lutherstraße 30, 96515 Sonneberg, Register court: Jena HRB 302615.
   You may contact our customer service for questions, complaints and objections Mon - Thu 8:00 a.m. to 5:00 p.m. and Fri 8:00 a.m. to 2:00 p.m. under telephone number +49(0)3675/897242 as well as per e-mail at webshop@piko.de.
    
3. Offer and conclusion of contract
   3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but is only to be regarded as an invitation to order. Errors excepted.
   
   3.2 By clicking on the order button in the last step of the ordering process, you submit a binding order of the goods contained in the shopping basket. Your order represents an offer to PIKO to enter into a contract of sale, if you place an order to PIKO, we will send you an e-mail confirming the receipt of your order and its details (acknowledgment of receipt). This acknowledgment does not constitute acceptance of your offer, but is only to inform you that your order is received. A purchase contract is only concluded when we ship the product to you and confirm the shipment to you via a second e-mail (Versandmitteilung = acknowledgment of delivery).
    
4. Cancellation right for consumers
   Cancellation right
   
   You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on on which you, or a representative of yours (a third party who is not the carrier), have / has taken, possession of the goods.
   
   To exercise your right of cancellation, you must notify us
   
   
   PIKO Spielwaren GmbH
   Lutherstrasse 30
   96515 Sonneberg
   Germany
   Phone: 0049 (0) 3675/8972-42
   Fax: 0049 (0) 03675/8972-50
   e-mail: webshop@piko.de
   
   
   by a clear statement (eg a by postal mail, fax, e-mail or our withdrwal form on www.piko-shop.de), and inform us about your decision to withdraw from this contract. You can also use the attached PIKO withdrawal form, but it is not obligatory. You can use the PIKO withdrawal form on our website [withdrawal form] to electronically fill in and submit your withdrawal or use any other unequivocal statement. If you send us your cancellation via the online withdrawal form, we will promptly send you a confirmation of the receipt of your withdrawal to you (by e-mail) In order to meet the revocation deadline it is sufficient for you to send the message about the exercise of the withdrawal before the withdrawal deadline.
   
   Consequences of cancellation
   If you withdraw from this contract, we have to repay you all the payments that we have received from you, including delivery costs, promptly and at the latest within fourteen days from the date on which the notice of your cancellation of this contract is received by us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. In any case, you will never be charged with fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever happens first. You have to return or to hand over the goods to us promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract . The deadline is met if you send back the goods before the end of the period of fourteen days. You bear the direct cost of returning the goods. Please note that depending on the package bulky goods service charges may apply on select items. You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary handling of them to ascertain the nature, characteristics and functioning of the goods.
   
   

   Exclusion or Premature Expiration of the Right of Withdrawal

   The right of withdrawal does not apply to contracts

   • for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;

   The right of withdrawal expires prematurely for contracts

   • for the delivery of audio or video recordings or computer software in a sealed package, if the seal is removed after delivery.

   • for digital content (e.g., software licenses) not supplied on a physical medium, if we have begun performance of the contract after you expressly agreed that we would begin performance before the end of the withdrawal period, and you simultaneously acknowledged that you are aware that by giving your consent, you lose your right of withdrawal.

   
   Cancellation policy for services (repairs or e.g. installation of decoder / interior lighting)
   
   Right of cancellation
   
   You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
   
   To exercise your right of withdrawal, you must send us
   
   PIKO Spielwaren GmbH
   Lutherstr. 30
   96515 Sonneberg
   Germany
   Tel: 03675/8972-42
   Fax: 03675/8972-50
   E-Mail: Webshop@piko.de
   
   by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can also use the attached PIKO withdrawal form, but it is not obligatory. You can use the PIKO withdrawal form on our website [withdrawal form] to electronically fill in and submit your withdrawal or use any other unequivocal statement. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of withdrawalIf you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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.
   
   If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
   
   End of the cancellation policy
   
   
5. Prices and delivery costs
   5.1 The prices stated on the product sites contain the statutory value-added tax and other price components.
   
   5.2 In addition to the stated prices, we charge a postage and packaging fee for the delivery. For details, see the list / chart below. The delivery costs are communicated again clearly in the shopping basket system and on the order page.
    
6. Delivery
   6.1 Delivery is only possible in the countries listed below with the corresponding carrier.
   
   6.2 The delivery time to your country can be found in the following table. If there are any delays in delivery we will notify you of course. With shipping the goods you will receive a shipping confirmation e-mail.
   
   

   Country	Delivery Time	Carrier	Shipping Costs
   Austria	2-4 Days	GLS	10,00 €
   Belgium	2-4 Days	GLS	6,50 €
   Bulgaria	6-8 Days	DHL	20,00 €
   Czech Republic	3-5 Days	GLS	10,00 €
   Croatia	4-6 Days	GLS	15,00 €
   Denmark	3-5 Days	GLS	10,00 €
   Estonia	6-8 Days	GLS	20,00 €
   Finland	4-6 Days	GLS	30,00 €
   France**	3-5 Days	GLS	10,00 €
   Germany	1-3 Days	DHL / GLS	5,00 €
   Hungary	3-5 Days	GLS	20,00 €
   Ireland	4-6 Days	GLS	30,00 €
   Italy	3-5 Days	GLS	10,00 €
   Latvia	6-8 Days	GLS	15,00 €
   Lithuania	6-8 Days	GLS	15,00 €
   Luxembourg	2-4 Days	GLS	10,00 €
   Netherlands	2-4 Days	GLS	10,00 €
   Poland	3-5 Days	DHL	10,00 €
   Portugal**	5-7 Days	GLS	20,00 €
   Romania	4-6 Days	GLS	15,00 €
   Slovakia	4-6 Days	GLS	15,00 €
   Slovenia	4-6 Days	GLS	10,00 €
   Spain**	5-7 Days	GLS	15,00 €
   Sweden	3-5 Days	GLS	15,00 €

   
   **Only Mainland -  No delivery to: Corsica, Azores, Madeira, Balearic Islands, Canary Islands, Melilla, Ceuta
   
   6.3 Due to logistical reasons, it is only possible for us to deliver in full packages. This mainly concerns the tracks in the scales H0 and G. The packing unit (VE) is clearly visible at the respective articles. Thank you for your understanding.
   
   6.4 Shipping is not possible to another country than the one specified in the billing address. For security we do not take orders with shipping and billing addresses in different countries. Thank you for your understanding.
   
   
7. Payment
   7.1 Unless otherwise agreed, the payment is made by cash in advance, by credit card or via the payment processing system “PayPal”. Your credit card or PayPal account is debited when the ordering process is completed.
   
   7.2 In case of advance payment, we will tell you our bank account details in the order confirmation and we will deliver the goods after receipt of payment.
   
   7.3 The right to set off is only given, if your counterclaims have been legally established as final or if they are uncontested or if they have been accepted by us in writing.
   
   7.4 You may only exercise a right of retention as far as the claims result from the same contractual relationship.
    
8. Reservation of property
   The merchandise remains our property until full payment.
    
9. Warranty
   The Warranty is provided according to the statutory regulations. For all defects which occur during the statutory warranty period of two years upon delivery, you have the
   statutory right to supplementary performance (at your choice: correction of the defect or delivery of a new product) and – when the statutory conditions are met – the statutory rights of reduction or withdrawal and also to compensation for damages.
   
   
10.  License Agreement for PIKO Software Use

    This license agreement is a legally binding agreement between you and PIKO Spielwaren GmbH.

    It applies to software that can be downloaded from this website.

    By downloading and/or using this software, you accept this license agreement. If you do not agree to this license agreement, you have no rights to the software and must immediately delete all parts of the software already downloaded.
    
    1. Grant of License
    PIKO Spielwaren GmbH grants you the non-transferable, limited, non-exclusive right to use the software solely for your personal use. You are permitted to load the software into RAM or install it on a hard drive or other storage medium in a computer, hardware product, or mobile device.

    By using the software, you acquire no ownership rights, copyrights, or any other rights to the software. The content is licensed, not sold.
    
    2. Prohibited Use
    Neither you nor third parties under your instruction may license, copy, reproduce, transfer, lend, sell, lease, offer on a pay-per-play basis, distribute for payment or other compensation, or otherwise commercially exploit or pass on the software to third parties.
    
    3. Copyrights
    You acknowledge that all copyrights to the software are held by and remain with PIKO Spielwaren GmbH. You will not impair or diminish the rights to the software, either actively or by omission. You may be held liable by PIKO Spielwaren GmbH for any violation of the content's copyright.
    
    4. No Warranties
    PIKO Spielwaren GmbH provides the software "as is" and excludes any warranties to the extent permitted by law. In particular, no warranty is given that the content possesses a certain quality or is suitable for a particular purpose. PIKO Spielwaren GmbH does not guarantee that the software will run without interruptions, error-free, virus-free, or meet your specific requirements. You may have other rights that vary depending on local legislation.

    5. Limitation of Liability
    PIKO Spielwaren GmbH cannot be held liable for any damages directly or indirectly related to the software or parts thereof. Liability by PIKO Spielwaren GmbH will only be assumed to the extent that it cannot be legally excluded. In no event can PIKO Spielwaren GmbH be held liable for business damages, data loss, loss of profit, property damage, or other special indirect economic damages.
    
    6. General
    You may not transfer or grant to third parties any rights that have been granted to you under this license.
    PIKO Spielwaren GmbH is not obliged to provide you with warranty service, technical support, or upgrades for the software.
    You agree to comply with all applicable import and export restrictions and acknowledge that you alone are responsible for obtaining all necessary licenses for the export, re-export, transfer, or import of the content.
    If this license agreement or any part of it proves to be illegal or unenforceable, the remaining parts and the rest of this license agreement shall remain unaffected and valid.