General Terms and Conditions

1. General

All services which are rendered by Freebooter Miniatures for customers are performed exclusively on the basis of the following General Terms & Conditions. Deviating terms only apply if they are agreed upon in writing between Freebooter Miniatures and the respective customer.

2. Entry into contract

Freebooter Miniatures’ offers on the Internet constitute a non-binding invitation to customers to order goods from the Freebooter Miniatures online shop.

By ordering the desired goods on the Internet, the customer makes a binding offer for entry into a purchase contract.

Freebooter Miniatures is entitled to accept this offer within 7 calendar days by sending an order confirmation. The order confirmation is sent by email. If the 7-day period expires fruitlessly, the offer is deemed to have been rejected.

3. Delivery times

All articles are shipped promptly after receipt of payment, from stock insofar as available. Usually this takes place within 48 hours.

Should an article not be available in the short term, we will inform you by email of the anticipated delivery period.

In the event of delivery delays, such as delays caused by force majeure, traffic congestion and orders issued by higher authorities, as well as other events not attributable to us, no compensation claim can be raised against us.

4. Packaging and shipping costs

For shipment within Germany and packaging costs, we charge a pro rata flat-rate sum of EUR 2.50. Orders of EUR 60 or more receive free shipping to addresses within Germany.

In the case of deliveries outside Germany but within Europe, we charge a pro rata flat-rate sum of EUR 4.50. Orders of EUR 120 or more receive free shipping to addresses outside Germany but within Europe.

For shipments outside Europe, we charge a pro rata flat-rate sum of EUR 7.50. Orders of EUR 180 or more receive free shipping to addresses outside Europe.

The customer confirms his or her consent to the shipment costs of deliveries abroad by paying the total price.

5. Payment

All prices quoted are total prices, which include the statutory VAT which is currently 19%. All prices are in Euros.

Payment can only be made by transferring the sum owed into our bank account as payment in advance.

You will receive an email from us which contains the precise invoice details. For this reason, please ensure that you enter your email address and/or your telephone number into the order form so that we are able to contact you. When making payment, please quote your name and the invoice number as the reason for payment, so that we are able to allocate your payment to your order.

The purchase price is due within 14 days after notification of the invoice details.

The delivered goods remain our property until payment has been made in full (retention of title pursuant to § 158 and § 449 of the German Civil Code (BGB)).

Our bank details:

Kontoinhaber: Werner Klocke, Bank: Targobank, IBAN: DE37300209005370460669, Kontonummer: 5370460669, Bankleitzahl: 30020900, BIC code: CMCIDEDD

6. Rescission right and consequences

Information concerning your rescission right and the consequences of rescission is attached hereto as an annex, and forms part of these General Terms & Conditions.

7. Guarantee

If the recipient discovers damage to the goods which was caused while in transmit, the recipient is obliged to report that damage without delay to the carrier. Other identifiable transport damage is to be reported in writing to us within 14 days of receipt of the goods at the latest. However, this has no effect on your statutory guarantee rights.

We are not liable for defects which arise as a consequence of improper handling, normal wear and tear, or third-party tampering. If the goods are repaired by the recipient or by a third party without our written consent, the guarantee claim against us ceases to exist.

8. Limitation of liability

Insofar as nothing to the contrary arises from the following, more extensive claims of the customer – regardless of the legal grounds – are excluded. Therefore, Freebooter Miniatures is not liable for damage to the delivered item itself; in particular, Freebooter Miniatures is not liable for lost profit or for other pecuniary loss suffered by the customer. Insofar as Freebooter Miniatures’ contractual liability is excluded or limited, this applies also for the personal liability of employees, representatives and vicarious agents.

The foregoing limitation of liability does not apply insofar as the cause of the damage or loss is due to intentional behaviour or gross negligence or insofar as there is personal injury. In addition, it does not apply if the purchaser makes claims which are regulated by legislation. The provisions of the German Product Liability Act remain unaffected hereby.

If Freebooter Miniatures negligently breaches a fundamental contract obligation, the compensation obligation for property damage is limited to the damage or loss typically suffered.

If subsequent performance takes place by way of replacement delivery, the purchaser is obliged to return the first shipment of goods to Freebooter Miniatures within 30 days, at Freebooter Miniatures’ cost.

The return of the defective goods must be done in accordance with the statutory provisions. Freebooter Miniatures hereby reserves the right to claim compensation subject to the statutorily-prescribed prerequisites.

The period of limitations is three years. The period starts to run upon delivery of the goods.

9. Retention of title

The goods delivered remain our property until they have been paid for in full.

10. Data protection

We only use the data provided by you in order to process your orders. All of your data is kept strictly confidential by us. We only pass the data on to third parties (e.g. shipment services) insofar as this is necessary for the processing of your order. The order data is encrypted and transmitted securely, but we are not liable for the security of the data during transmission via the Internet (e.g. due to technical defects at the provider) or for any criminal access by third parties to data on our website. Access data for customer login which is transmitted to the customer if requested by the latter is to be kept in strict confidence by the customer because we accept no responsibility whatsoever for the use of that data.

11. Copyright

All third-party logos, pictures and graphics depicted are the property of the corresponding companies and are subject to the copyright held by the corresponding licensor. All of the photos, logos, texts, reports, scripts and programming routines featured on this website which are our own developments or have been edited and adapted by us may not be copied or used in any other way without our consent. All rights reserved.

12. Miscellaneous

Should an article no longer be available, then we will inform you accordingly before accepting your order. No compensation claim can be made against us due to articles which are no longer available. We hereby reserve the right to make price changes for individual articles.

13. Links to our website

In its decision dated 12 May 1998 – 312 O 85/98 – “Liability for Links”, the Regional Court of Hamburg ruled that anyone who provides a link on a website can be co-liable for the contents of the linked website. Pursuant to the RC decision, this can only be prevented if an express disclaimer is given about those contents. For this reason, we hereby distance ourselves expressly from all contents of all of the websites to which our website links. This declaration applies for all of the links featured on our website.

14. Validity of the GTC

Placing an order is deemed to constitute acknowledgement of the General Terms & Conditions of the online shop. Should a provision of these General Terms & Conditions be null and void – for whatever reason – then the validity of the other provisions shall remain unaffected thereby. Oral agreements require written confirmation. The place of performance and the legal venue is Bottrop in the case of contracts with customers which are not consumers, insofar as nothing to the contrary is stipulated by law.

Annex: Information about rescission


Rescission right

You can rescind your contract declaration within two weeks in text form (e.g. by letter, fax or email) without giving any reasons, or – if the goods are delivered to you before the expiry of the period – by returning the goods. The period starts to run after receipt of this information in text form, but not before you receive the goods and also not before the fulfilment of our information obligations pursuant to § 312c paragraph 2 of the BGB in association with § 1 paragraphs 1, 2 and 4 of the German Ordinance concerning information and evidence obligations pursuant to civil law (BGB-InfoV). Timely dispatch of the rescission notice or of the goods is sufficient to comply with the rescission period.

The rescission is to be sent in writing to:

Freebooter Miniatures
Werner Klocke
Steinbrinkstraße 155
46145 Oberhausen
Tel: + 49 (0) 208 / 69 65 246

VAT identification number pursuant to § 27a of the VAT Act: DE 204586306

Consequences of rescission

In the event of valid rescission, the performance rendered by both parties is to be reversed and any beneficial uses are to be handed over. If you cannot return the performance received in whole or in part, or can only return it in a deteriorated condition, you may be obliged to render compensation to us for lost value, if applicable. This does not apply in the case of handing over goods if the deterioration of the goods is exclusively to be attributed to their inspection – as would have been possible for you in a shop, for example. In addition, by not using the goods as though they were your property and by refraining from doing anything which has a detrimental effect on their value, you can avoid being obliged to render compensation for lost value in the case of deterioration caused by using the goods in the manner intended. Goods capable of being sent as a “Paket” (package) are to be returned to us at our risk. You must bear the costs of returning goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed EUR 40 or, if the goods have a higher price, if at the time of declaring rescission you had not yet rendered the consideration or a contractually-agreed partial payment. Otherwise, returning goods is free of charge to you. Goods which cannot be sent as a “Paket” (package) will be collected from you. Obligations to refund payments made must be fulfilled within 30 days. The period starts to run for you upon dispatch of your rescission declaration or the goods, for us upon receipt of the same.

Yours, Freebooter Miniatures