Allgemeine Geschäftsbedingungen

General Terms and Conditions of Morris Martin - Martin Trading

§1 Scope and Definitions

(1) The following General Terms and Conditions apply to all deliveries between us and consumers in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).

§2 Conclusion of Contract and Storage of Contract Text

(1) The following provisions regarding the conclusion of a contract apply to orders via our online shop:
exaltstatues.com

(2) In the event of a contract being concluded, the contract is formed with:

Morris Martin - Martin Trading
In den Klötzen 17
16552 Schildow

(3) The presentation of goods in our online shop does not constitute a legally binding offer, but merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully completing the specified ordering process.

The order is processed in the following steps:

1. Selection of the desired goods
2. Confirmation by clicking the "Order" button
3. Review of the details in the shopping cart
4. Clicking the "Checkout" button
5. Login to the online shop after registration and entry of access data (e-mail address and password)
6. Final check or correction of the entered data
7. Binding submission of the order by clicking the "Order with obligation to pay" or "Buy" button

Before the binding submission of the order, the consumer can correct input errors by using the "Back" function of their browser or cancel the ordering process by closing the browser. Receipt of the order is confirmed immediately via an automatically generated e-mail ("Order Confirmation"). With this e-mail, we accept the offer.

(5) Storage of the contract text for orders via our online shop:
We store the contract text and send you the order details as well as our GTC by e-mail. The currently valid GTC can be viewed at any time in the footer of our website under "Terms and Conditions". You can view previous orders in the customer area under "My Account" → "My Orders".

§3 Prices, Shipping Costs, Payment and Due Date

(1) The prices stated include statutory VAT and other price components. Shipping costs may be incurred in addition.

(2) The following payment methods are available to the consumer: Advance payment, direct debit, PayPal, and credit card (Visa, Mastercard).

(3) If the consumer chooses the payment method of advance payment, they are obliged to pay the purchase price immediately after the conclusion of the contract.

§4 Delivery

(1) Unless otherwise stated in the respective product description, all items offered are ready for immediate shipment. Delivery will take place within 5 business days at the latest. In the case of advance payment, the delivery period begins on the day after the payment order has been issued to the financial institution; for all other payment methods, it begins on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday, or a public holiday at the place of delivery, the period ends on the next business day.

(2) If it is stated in the product description that an item is a pre-order item, it continues to be considered a pre-order item even after the specified date has passed and is therefore not yet available for delivery.

(3) Delivery delays that are beyond our control (e.g., production delays) do not constitute a permissible reason for withdrawal for commercial customers and entrepreneurs.

(4) The risk of accidental loss or accidental deterioration of the goods passes to the buyer only upon handover of the goods, even in the case of mail-order sales.

§5 Retention of Title

The goods remain our property until the purchase price has been paid in full.

§6 Pre-orders, Delivery Times, and Right of Withdrawal

Pre-orders, non-binding delivery times, and exclusion of the right of withdrawal before delivery

(1) Certain items are expressly marked as "Pre-order". These products may still be in the development, production, or initial import process at the time the contract is concluded. The customer acknowledges that such items are not immediately available.

(2) Delivery dates specified for pre-orders (e.g., "expected in Q4 2026") are non-binding and do not constitute a fixed delivery deadline within the meaning of § 286 para. 2 no. 1 BGB. They are based on internal planning or information from suppliers and may change at any time.

(3) Withdrawal from the contract before delivery of the goods is excluded unless there are compelling legal reasons. In particular, a delay in delivery for pre-orders does not generally constitute a reason for withdrawal as long as the goods can be delivered within 36 months after the conclusion of the contract.

(4) An effective withdrawal in accordance with § 323 BGB requires that the customer has set us a reasonable and realistically achievable deadline for delivery in writing. A deadline setting is ineffective if it is already established that delivery within this period is objectively impossible (cf. BGH, judgment of 15.03.2006 – VIII ZR 123/05).

(5) If the customer nevertheless asserts a cancellation without a legal right of withdrawal, we reserve the right to refuse it or to carry out a reversal of the transaction only as a gesture of goodwill, deducting costs already incurred and non-cancellable. These include in particular:

• non-refundable transaction costs (e.g., fees from payment service providers),
• deposits or production costs already paid to manufacturers or suppliers,
• materials or special items procured individually for the customer order.

For pre-orders, the customer expressly agrees that certain costs may arise before the product is available and are non-refundable in the event of a cancellation by the customer.

(6) The statutory right of withdrawal according to § 355 BGB remains unaffected by this. However, the withdrawal period only begins when the customer receives the goods.

§7 Default of Acceptance and Re-shipment

(1) The customer is obliged to accept the properly ordered goods on the agreed or announced delivery date. If a delivery fails – especially in the case of freight forwarding shipments – multiple times because the customer is unavailable or unjustifiably refuses acceptance, the customer is in default of acceptance.

(2) In the event of default of acceptance, the customer shall bear the resulting additional costs, in particular return shipping costs as well as costs for a re-shipment. This does not apply if the customer is not responsible for the non-acceptance.

(3) Re-shipment of the goods will only take place after prior payment of the shipping costs incurred for this purpose by the customer.

(4) We reserve the right to withdraw from the contract after a reasonable period in the event of default of acceptance and, if applicable, to claim damages.

§8 Exclusion of the Right of Withdrawal for Individual Procurement from Abroad

(1) For certain items, in particular resin statues and collectibles, there is no right of withdrawal according to § 355 BGB, provided that these are procured individually at the express request of the customer and are not kept in stock.

These items are marked accordingly in the shop as "Pre-order" or "Individual order". Even if the goods are already available at the manufacturer or dealer abroad (e.g., in China), the order and payment by us only take place after the conclusion of the contract with the customer. No storage takes place.

(2) Individual procurement involves non-recoverable expenses, such as manufacturer deposits, customs and logistics costs, or commission agreements that arise exclusively on the basis of the customer's order. By concluding the purchase contract, the customer expressly agrees that these are individually procured goods within the meaning of § 312g para. 2 no. 1 BGB.

(3) In these cases, the statutory right of withdrawal is excluded.

§9 Right of Withdrawal for the Customer as a Consumer

Right of withdrawal for consumers

Consumers within the European Union have a right of withdrawal according to the following provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.

Excluded from this regulation are consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union.

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us

Morris Martin - Martin Trading
In den Klötzen 17
16552 Schildow
E-Mail: exaltstatues(at)gmail.com

by means of a clear declaration (e.g., by letter, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method 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 your notification of withdrawal.

For this repayment, we will use the same payment method you used for the original transaction unless expressly agreed otherwise.

If payment was made via PayPal and a refund is made only after 180 days from the date of payment as a gesture of goodwill or for other reasons, we reserve the right to retain the fees charged by PayPal. In this case, the refund amount will be reduced by the corresponding transaction costs. The amount of the retained fees will be communicated to the customer in the corrected invoice.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You are obliged to return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the withdrawal. The deadline is met if you send the goods before the fourteen-day period has expired.

According to § 357 para. 1 BGB, the purchase price will only be refunded if the withdrawal is effective and the goods have been returned completely and on time. This also applies to goods consisting of several parts.

The goods must be returned exclusively to the following address:

Morris Martin - Martin Trading
In den Klötzen 17
16552 Schildow

Parcels can only be delivered to this address. All other addresses mentioned on this website serve exclusively for the receipt of postal mail.

You must bear the direct costs of returning the goods.

End of Cancellation Policy

§10 Withdrawal Form

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To:

Morris Martin - Martin Trading
In den Klötzen 17
16552 Schildow
E-Mail: exaltstatues(at)gmail.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s)
(only if notified on paper)

Date

(*) Delete as appropriate.

The goods must be returned exclusively to the following address:

Morris Martin - Martin Trading
In den Klötzen 17
16552 Schildow

Only this address is provided for the receipt of parcels. All other addresses mentioned on this website serve exclusively for the receipt of postal mail.

§11 Warranty

The statutory warranty provisions apply.

§12 Language of Contract

The contract language is exclusively German.

§13 Place of Jurisdiction

For all disputes arising from the contractual relationship between us and the customer (consumer or commercial customer), Stuttgart is the place of jurisdiction, insofar as legally permissible.

Status of the GTC: May 2026