Terms and conditions

1. Scope

1.1. These terms and conditions, in the version valid at the time of the order, apply to all orders placed with Modelltoys-Austria — through the online shop, by e-mail or by telephone. Your contracting party is Christian Krammer, Modelltoys-Austria, Wiener Straße 36, 2433 Margarethen am Moos, Austria, VAT ID ATU 62133033.

1.2. A consumer is anyone who enters into a transaction for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity (section 1 of the Austrian Consumer Protection Act, KSchG). Some provisions apply only to consumers or only to businesses; this is stated where relevant.

1.3. Terms of the customer that differ from these apply only if we have expressly agreed to them in writing.

2. Conclusion of contract

2.1. The presentation of the models in the shop is not a binding offer but an invitation for you to place an order.

2.2. By submitting your order you make a binding offer and confirm that you are of age and legally competent. You then automatically receive an acknowledgement of receipt by e-mail. It only documents that your order has reached us; it is not yet an acceptance.

2.3. We then check whether the model you ordered is actually available. The contract comes into being as soon as we expressly accept your order — usually with the e-mail that gives you the total amount and our bank details — or dispatch the goods.

2.4. If a model is not available, we tell you without delay; no contract comes into being for it. In the case of obvious typing, printing or calculation errors in the shop we may refuse acceptance or withdraw from the contract; in these cases we refund any payment already made in full and without delay.

2.5. We store the text of the contract. With the order acknowledgement you receive your order data by e-mail, and these terms and the withdrawal notice as a PDF attachment. The language of the contract is German.

3. Right of withdrawal for consumers

3.1. Consumers may withdraw from a distance contract within 14 days without giving reasons (section 11 of the Austrian Distance Selling Act, FAGG). The period begins on the day on which you, or a third party named by you, received the goods. A clear statement is sufficient — by e-mail, via the “Withdraw from contract” button on our website or using the model withdrawal form in our withdrawal notice. To meet the deadline it is enough to send the statement before the period expires.

3.2. After withdrawing, return the goods to us without delay and no later than 14 days. You bear the direct cost of returning the goods. We cannot accept parcels sent unpaid. Please let us know briefly that a return is on its way — that speeds things up.

3.3. We refund all payments you have made, including the cost of standard delivery, within 14 days of receiving your withdrawal statement. We may withhold the refund until we have received the goods back or you have proven that you sent them.

3.4. You may examine the goods as you could in a shop. For any loss in value resulting from handling beyond that — such as use, removed protective films or damage to the original packaging, which is part of the value of a collector’s model — you must pay compensation (section 15 (4) FAGG).

3.5. Businesses have no right of withdrawal.

4. Delivery and shipping

4.1. We ship with Austrian Post or Hermes to the delivery address you provide; which of the two we use depends on the destination and the parcel. Every parcel has a tracking number.

4.2. We hand the parcel to the carrier within two working days of receiving your payment. How long delivery then takes depends on the destination and the carrier; the carriers do not publish binding transit times. Guide values are given on the page “Payment and shipping”. You will receive the goods no later than 30 days after we receive your payment, or 45 days for deliveries to countries outside Europe. If, exceptionally, a date cannot be met, we will inform you without delay.

4.3. Shipping costs depend on weight and destination country and are listed in full on the page “Payment and shipping”. For several items the actual total weight of the parcel is used. We currently cannot deliver to some countries because the carriers do not accept parcels for them; that is listed there as well.

4.4. For consumers, the risk of loss or damage passes to you only when the goods are handed over to you (section 7b KSchG). For businesses it passes on handover to the carrier.

5. Payment

5.1. We deliver against prepayment. You pay by bank transfer; no surcharge applies. From Switzerland, the United Kingdom and overseas, payment by PayPal is also possible; for a PayPal payment, a fee of 6 % is charged.

5.2. After your order you first receive the acknowledgement of receipt. We check availability. Only then do you receive a separate e-mail with the confirmation, the total amount and our bank details or the PayPal payment request. Please pay only after that message, quoting your order number. The amount is due on receipt of that e-mail.

5.3. If payment does not reach us within 14 days of that e-mail, we may withdraw from the contract. We will contact you before doing so.

5.4. In case of late payment, consumers owe the statutory default interest of 4 % per year (section 1000 ABGB), businesses the default interest under section 456 UGB. Necessary and appropriate costs of collection (section 1333 (2) ABGB) — in particular reminder fees and the standard fees of a collection agency — are borne by the customer in default, insofar as they are proportionate to the claim.

6. Set-off and retention

Consumers may set off counterclaims that are legally connected with their obligation, have been established by a court or acknowledged by us, and in the event of our insolvency (section 6 (1) no. 8 KSchG). Businesses may only set off claims established by a court or acknowledged by us and may exercise a right of retention only for claims arising from the same contract.

7. Prices

7.1. The prices at the time of the order apply. All prices are in euros and are final prices including statutory VAT but excluding shipping costs; these are shown separately and displayed before you submit your order.

7.2. Within the EU, the stated final prices are the same for every country of delivery; for deliveries to another EU country they include the VAT of the country of destination. For deliveries to a country outside the EU no VAT is charged, and the price shown at checkout is reduced accordingly. Customs and import duties are borne by the recipient.

8. Retention of title

The goods remain our property until paid in full.

9. Warranty and liability

9.1. The statutory warranty provisions apply — for consumers the Austrian Consumer Warranty Act (VGG), otherwise the ABGB. The warranty period is two years from handover. For used collector’s models it may be shortened to one year with businesses; with consumers only if individually negotiated.

9.2. Collector’s models are often years or decades old. Age- and storage-related characteristics that we have mentioned in the description are not a defect. For models marked as used, statements about the condition refer to the time of sale.

9.3. Please report a defect by e-mail with a short description and, if possible, a photo. In case of transport damage or missing goods, please keep the shipping packaging until the matter has been settled with the carrier. To return a defective model we will send you a return label on request; please use an outer box, not the model’s original packaging.

9.4. We are liable without limitation for intent and gross negligence and for personal injury. For slight negligence we are not liable towards businesses; towards consumers only for breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.

10. Data protection

How we handle your data is set out in our privacy policy. We do not pass your data on to third parties, except to the carrier (Austrian Post or Hermes) for delivery, to PayPal if you pay by PayPal, and insofar as necessary to process your order.

11. Final provisions

11.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they habitually reside.

11.2. For claims against consumers the court of their place of residence, habitual abode or employment has jurisdiction (section 14 KSchG). For businesses the competent court in Bruck an der Leitha is agreed.

11.3. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. Please address complaints directly to us — we do our best to settle every matter in conversation.

11.4. Should any provision be invalid, the remaining provisions are unaffected.

Version: September 2026