General Terms and Conditions of Business

Autostadt ZeitReise E-Shop

§ 1 Scope of application

(1) The following General Terms and Conditions of Business (GTC) shall apply in the version valid at the time of order placement for all contracts which a user (in the following “customer”) who is registered on the website www.autostadt.de/en/eShops or on sites directly linked to these sites (in the following "website") concludes with Autostadt GmbH (in the following “Autostadt”) with respect to merchandise presented by Autostadt in the Online Shop “Autostadt ZeitReise E-Shop“.
(2) These GTCs form an essential part of each contract concluded, unless otherwise agreed in individual cases.
(3) Changes or supplements to these GTCs as well as any deviating terms and conditions of business of the customer shall only be valid if they have been recognized by Autostadt in writing. This shall also apply if the terms and conditions of business of the customers have not been explicitly rejected.

§ 2 Contracting partner

Purchase agreements with the customer shall be concluded with Autostadt GmbH on the basis of these GTCs, unless explicitly otherwise specified.

§ 3 Conclusion of the contract; right of revocation; exclusion of revocation

(1) The offers that Autostadt ZeitReise E-Shop places on the Internet are a non-binding invitation to the customer to order merchandise in the Autostadt ZeitReise E-Shop and thus constitutes an offer for the conclusion of a purchase contract.
(2) The customer can place such an offer following registration on the website, by selecting merchandise from the assortment in the Autostadt ZeitReise E-Shop and moving these items via the “add to shopping basket” button into the virtual shopping basket. By clicking the “shopping basket” button, the customers have access to the content of their virtual shopping basket and can view and change the selected merchandise, before initiating the order process. By clicking the “finish order” button at the end of the order process, the customer submits a legally binding offer for the purchase of the merchandise in the shopping basket. The offer can be submitted only if the customer has accepted the GTCs by checking the checkmark.
(3) Immediately after the customer has sent the offer, the customer shall receive from Autostadt an automatic confirmation of receipt by email, in which the order is indicated again and which the customer can print out using the “print” function. This confirmation of receipt by email shall not constitute the acceptance of the request; it merely documents that the customer’s order has been received by the supplier. The purchase contract shall be effected only if Autostadt has explicitly accepted the customer's order by issuing an acceptance declaration in a separate email. Autostadt is at no time obliged to accept an offer and may refuse to accept an order.
(4) Autostadt shall save the order data; the customer can retrieve these data following submission of the order via the password-protected user account, if the customer has set up a customer account in the Autostadt ZeitReise E-Shop before submitting the order.
(5) Customers, who are consumers in the sense of § 13 German Civil Code (BGB), are entitled to a right of revocation. Instructions about the exercise of the right of revocation are indicated in § 4 of these GTCs. For customers that are entrepreneurs in the sense of § 14 BGB, this right of revocation shall be explicitly excluded.
(6) Furthermore, the right of revocation may not be exercised according to § 312d (4) BGB for distance contracts concerning

• the delivery of merchandise which are produced according to customer specifications or are clearly tailored to the individual requirements of the customer, or are not suitable for returning due to the character of the merchandise, or if they might deteriorate rapidly, or if their sell-by-date would be exceeded;
• the delivery of audio or video recordings or software which have been unsealed by the consumer;
• deliveries of newspapers, periodicals or magazines, unless the consumer has submitted the declaration of the contract by telephone.
  
  

§ 4 Revocation instructions

Right of revocation

You can cancel the contract declaration within 14 days without indicating the reason in written form (e.g. letter, fax, email) or – if the merchandise have been handed over before the expiry of the term - by sending the merchandise back. The period runs from receipt of this instruction in written form, however not before receipt of the merchandise by the recipient (in case of recurring deliveries of the same type of merchandise not before receiving the first partial delivery) and not before we have met our information duties pursuant to Art. 246 § 2 in connection with § 1 (1) and (2) Introductory Law to the German Civil Code (EGBGB) as well as our duties pursuant § 312e (1) clause 1 BGB in connection with Art. 246 § 3 EGBGB. A dispatch of the cancellation or the merchandise in time is enough to comply with the term. The revocation must be addressed to:

Autostadt GmbH
StadtBrücke
38440 Wolfsburg
Germany
ZeitReise@autostadt.de
Fax: 05361/ 40-6399

Consequences in the event of revocation

In case of effective revocation, the services mutually received must be returned and benefits (e.g. interest) drawn, if any, must be surrendered. If you are unable to return to us the service or parts thereof or are only able to return it in a deteriorated condition, you may be required to pay compensation. In the case of delivery of items, this will not apply if such deterioration of the merchandise has only been caused by its inspection – as would have, for example, been possible in a retail store. You can avoid paying compensation for a deterioration caused by the use of the merchandise for its intended purpose by not using the merchandise and not treating it as your property and by avoiding anything that reduces its value. Items suitable for delivery by parcel are to be returned at our risk. You will be required to bear the cost of return delivery if the merchandise delivered corresponds with the one ordered and the price of the item to be sent back does not exceed the amount of Euro 40 or, in case of a higher price of the item, if you have not yet paid the consideration or any contractually agreed installment on the date of revocation. Otherwise, return delivery will be free of charge for you. Items not suitable for delivery by parcel will be picked up at your place. Obligations to reimburse payment must be fulfilled within 30 days. The period runs for you as from the dispatch date of your revocation declaration or the merchandise, for us upon the corresponding receipt thereof.

End of revocation instructions

§ 5 Prices, shipping costs

(1) All prices indicated are final prices, including the respectively valid value-added tax. The prices indicated in the order on the date of ordering shall apply.
(2) Costs for shipment and packing are calculated depending on the number, size and weight of the merchandise. Shipping costs are indicated to the customer separately on the respective detailed product pages, in the shopping basket system and on the order page.
(3) Merchandise is shipped by mail. If the customer wishes insured shipping, the customer must inform Autostadt explicitly to this end; any additional costs incurred shall be paid by the customer.

§ 6 Delivery, availability

(1) Autostadt shall deliver the merchandise ordered immediately to the address indicated by the customer, if the merchandise is available and in stock. Specifications on the expected delivery dates are not binding. In exceptional cases the delivery period may be extended appropriately. In the case of delays in delivery, Autostadt will inform the customer immediately of the expected delivery time.
(2) If the merchandise cannot be delivered to the customer because the customer cannot be found at the delivery address indicated to us, despite the fact that the customer was informed of the delivery time within an adequate period in advance, then the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the unsuccessful delivery is not attributable to the customer.
(3) If the merchandise ordered cannot be supplied by Autostadt at no fault of our own, Autostadt shall be entitled to withdraw from the purchase agreement with the customer. In this case, the customer will be informed immediately to this end and any consideration paid by the customer will be refunded immediately. The legal claims of the customer shall remain unaffected by this.
(4) Autostadt reserves the right to make partial deliveries. Autostadt shall bear any additional shipping costs incurred by partial deliveries.
(5) If the customer is an entrepreneur in the sense of § 14 BGB, the risk of accidental loss or accidental deterioration shall transfer to the customer in the case of a mailing purchase once the merchandise have been handed over to a suitable transport company. This shall also apply to partial deliveries made by Autostadt.

§ 7 Payment

(1) Customers have the option to pay by automatic debit transfer (direct debit) or by credit card (the following credit cards are admissible: VISA, MasterCard).
(2) Autostadt shall be entitled to exclude, in individual cases, particular payment types, particularly for orders with high order values (exceeding €100.00), and to demand e.g. prepayment.

§ 8 Right of offset, retention

(1) The customer is only entitled to the right to offset when the counterclaim has been legally established or has been undisputedly recognized by Autostadt.
(2) The customer can only exercise a right of retention when the counterclaim is based on the same contractual relationship.

§ 9 Retention of title

The merchandise delivered shall remain Autostadt’s property until complete payment has been made. Until then, the customer must treat all delivered materials with due care.

§ 10 Warranty

(1) Concerning any defects of the purchased merchandise, the customer shall be entitled to assert statutory warranty rights during the statutory warranty period, unless otherwise agreed in the following.
(2) If the customer is a merchant, he/she must have fulfilled the statutory obligations to examine the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB) when asserting warranty claims.
(3) Insofar as a defect in the delivered merchandise is established, the customer shall be entitled at his own option to subsequent performance in the form of rectification of the defect or delivery of a new item that is free of defects. In the event of a used item and/or an individual item, subsequent fulfillment shall be restricted to rectifying the defect. In such a case, the customer’s right to withdraw from the agreement or to reduce the purchase price shall remain unaffected.
(4) If the customer does not make use of the right to choose in line with § 437 BGB when exercising the rights due to defects within a term of 2 weeks, Autostadt shall be entitled to exercise the right to choose. If the customer is a consumer in the sense of § 13 BGB, Autostadt shall be obliged to inform the customer separately of the consequences of his/her behavior upon the beginning of the term.
(5) Used items may show signs of usage or other wear marks, which, in general, do not constitute a defect, if the contractually agreed use is not impaired by these.
(6) In the event of used merchandise, the customer’s term of limitation for claims arising from defects shall be one year following delivery of the item.

§ 11 Liability

(1) Autostadt shall be unrestrictedly liable in line with the legal provisions for damages to life, body or health caused by negligent or intentional breach of a duty by Autostadt, as well as for damages which fall under the liability outlined in the provisions of the product liability law. Autostadt shall be liable according to the legal provisions for damages which are not covered by phrase 1 and which are based on a breach of contract caused by intention or gross negligence as well as fraudulent intent. In the event of minor negligence, Autostadt’s liability shall be restricted to the amount of the foreseeable loss typical of contracts.
(2) To the extent that the liability of Autostadt is excluded or restricted, this shall also apply to the personal liability of employees, salaried workers, freelancers, representatives and vicarious agents of Autostadt.

§ 12 Right of amendment

(1) Autostadt reserves the right to amend the services without prior notice, if this serves the improvement of the merchandise, does not jeopardize the purpose of the agreement and is reasonable for the customer. In the event of such a product amendment, the customer is, however, only charged the price, which the customer has confirmed upon placing the order.
(2) If the customer is an entrepreneur in the sense of § 14 BGB, this right to amendment shall also apply to quantities customary in the trade or to quality tolerances.

§ 13 Final provisions

(1) Any and all amendments and supplements shall be subject to the written form requirement; this also applies to the cancellation of the written form requirement. Ancillary oral agreements shall be invalid, unless they have been confirmed by Autostadt in writing.
(2) In the event that one of the provisions of these general terms and conditions of business shall be invalid, this shall not affect the validity of the remaining provisions. In the event of individual invalid provisions, the parties agree to replace the invalid provision, which comes as close as possible to the intended financial purpose.
(3) German law shall apply without recourse to the UN Convention on Contracts for the International Sale of Merchandise.
(4) Place of jurisdiction shall be Wolfsburg, insofar as this can be effectively agreed. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims arising from and in connection with the contractual relationship between Autostadt and the customer shall be the registered office of the supplier.