These Terms and Conditions apply to all items for sale and sold by Barrage Miniatures.
Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive an automatic electronic confirmation of his order via E-Mail and this will give rise to a contract of sale.
If a product ordered is not available, Barrage Miniatures may withdraw from the contract. In such a case Barrage Miniatures will inform the customer immediately and if applicable reimburse any monies paid without delay.
During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.
Customers may conclude contracts of sale in English.
The prices quoted on the website include statutory VAT. Orders placed from within the EU are not eligible for VAT exemption. Payment is due in full immediately.
Shipping and handling costs are not included in the prices quoted on the Online Store. When placing an order in the Online Store, the customer is provided with a tool to determine whether shipping and handling costs apply to the order as well as the exact amount.
Payment may be made by credit card, by cash on delivery, or by cash in advance. We reserve the right to exclude particular methods of payment. In the case of credit card payments, the credit card will be charged when the order is placed.
In the case of payment by cash in advance, Elgato will cancel orders in which payment is not received within fourteen days of the order date.
6.1 Cancellation Right: The customer may cancel a contract of sale without cause within fourteen days, either by returning the good(s) to Barrage Miniatures or by delivering written notice of cancellation to Barrage Miniatures (letter, fax, or e-mail). This period will start the day after receipt of the cancellation notice but not before the customer has received the good(s).To meet the cancellation deadline it is sufficient to dispatch the notice of cancellation or the good(s) punctually.
6.2 Consequences of cancellation: In the event of a valid cancellation, both parties must return all good(s) and payments received and any other received benefits (such as accrued interests). If it is not possible for the good(s) to be returned whole and/or in their original condition, the customer must reimburse Barrage Miniatures for any loss of value of the good(s). This does not apply if the poor condition of the good(s) is the result of an inspection of the good(s) as it would have been possible before buying, for example, in a physical store. Goods that can be shipped as a parcel by regular mail are shipped at Barrage Miniatures’s risk. If the good(s) cannot be shipped by regular mail, then Barrage Miniatures will arrange for pick-up. The customer must bear the regular cost of returning the good(s) if the good(s) received are as ordered and if the original purchase price of the good(s) to be returned did not exceed EUR 40 or if the customer has, at a price exceeding EUR 40, at the time of cancellation not fulfilled the reward or an agreed installment. Otherwise, the customer may return products without incurring any costs. Any obligations to reimburse payments must be satisfied within 30 days. The 30 day period begins on Barrage Miniatures’s part with the receipt of the goods and on the customer’s part with the dispatch of the notice of cancellation or the punctual dispatch of the good(s).
6.3 Miscellaneous: There is no statutory right to cancel orders of goods that are, due to their nature, not qualified for a return. Also there is no statutory right to cancel orders of software if the customer has broken the seal of the data medium.
6.4 Processing: To ensure that processing of the cancellation is carried out as quickly as possible, customers are asked to e-mail Barrage Miniatures (email@example.com) and request a Returns Number. Good(s) should be returned in their entire original packaging, or at least packed appropriately for transport, together with the Returns Number. Customers are asked to obtain signed confirmation of receipt from the transport firm employed to return the good(s) to Barrage Miniatures, and to keep this confirmation safe.
6.5 Cost of returning the good(s) in case of cancellation: If a customer makes use of their cancellation right, the customer must bear the regular cost of returning the good(s) if the good(s) received are as ordered and if the original purchase price of the good(s) to be returned did not exceed EUR 40 or if the customer has, at a price exceeding EUR 40, at the time of cancellation not fulfilled the reward or an agreed installment. Otherwise, the customer may return products without incurring any costs.
Barrage Miniatures’s liability for defects is as provided by law.
If delivery times change substantially after an order is placed, Barrage Miniatures will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.
All goods supplied by Barrage Miniatures will remain Barrage Miniatures’s property until full payment has been made and all claims arising out of the contractual relationship settled.
Regardless of the legal basis of the claim put forward, Barrage Miniatures is only liable for losses that result from a culpable breach of a substantial contractual obligation. Liability in this case is limited to losses that were possible for Barrage Miniatures to foresee when the contract was concluded and that are typical for the type of contract in question. We point out that customers are responsible for securing their own data.
The customer data collected in connection with the contract will be used by Barrage Miniatures in accordance with the provisions of the Spanish Data Protection Act.
The customer can subscribe to the Barrage Miniatures newsletter on the website, this subscription can be cancelled at any time. Customers can also subscribe to the Barrage Miniatures newsletter during the ordering process by selecting the option “I would like to subscribe to the newsletter (this subscription can be cancelled at any time)”.
Customers have the right to inspect or block their personal data or demand the deletion or amendment of their personal data. In the event of questions regarding the collection, processing or use of personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact BarrageMiniatures Customer Service. Barrage Miniatures will not share any personal customer data with third parties other than with service partners who require the data in order to process orders.
Barrage Miniatures will save the customer's order data and provide this information to the customer by e-mail. The customer is entitled to object to the latter. The customer may inspect order data in the customer section of the Online Store. To enable the customer to place orders in the Online Store, one or more so-called "cookie(s)" will be created when particular Web pages are visited. These are small text files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored. Most of the cookies will be deleted from the useres hard-disk at the end of the browser-session (temporary cookies). Other cookies remain on the customer´s hard-disk to make it possible for Barrage Miniatures to recognize the customer´s computer at their next visit (permanent cookie).
Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.