General Terms and Conditions for purchases in the Steam Shop of Harzer Schmalspurbahnen GmbH
Section 1 Scope of Application:
(1) The following General Terms and Conditions shall apply for all goods and ticket deliveries between Harzer Schmalspurbahnen GmbH (hereinafter referred to as "HSB") and a customer in the version valid at the time if the order. A resale of related goods in the Steam Shop is not permitted.
(2) A "Customer" in the meaning intended by these Terms and Conditions is any natural person completing a legal transaction for a purpose that is not associated either with his/her commercial or independent professional activity.
Section 2 Conclusion of Contract
(1) The following regulations regarding the conclusion of contract shall apply for orders from our internet shop shop.hsb-wr.de.
(2) In the event of the conclusion of contract, the contract shall be concluded with
Harzer Schmalspurbahnen GmbH
Registration number: HRB 103415
Local court Stendal
(3) The presentation of goods in our internet shop does not represent a legally binding contractual offer on our part, rather it is a non-binding invitation to customers to order our goods. On ordering the desired goods, the Customer submits a binding offer for the conclusion of a purchase contract.
The acceptance of the offer shall take place in writing or in text form or by the sending of the ordered goods within eight days. After an unsuccessful expiry of the term, the offer shall be rejected.
(4) Upon receipt of an order in our internet shop, the following regulations shall apply: The Customer makes a binding contractual offer when he successfully proceeds through our designated ordering procedure in our internet shop.
The order shall take place in the following steps
- Selection of the desired goods/tickets
- Confirmation by clicking the button "add to basket".
- Login to the internet shop after registration and input of login details (E
- Verifying the details in the basket (billing and delivery address, postage and payment type).
- Clicking the "Continue" button in order to access the order overview.
- Further verification or adjustment of the relevant input data.
- Confirmation of the General Terms and Conditions as well as the cancellation policy.
- Binding submission of the order by clicking the "buy now" button.
After checking his details the Customer may go back to the internet page on which his details are summarised and edit the input fields by clicking the "back" button in the browser used by him or he may cancel the ordering process by closing the internet browser. We shall immediately confirm receipt of the order with an automatically generated email ("Confirmation of Receipt"). Following this, t is verified whether we can accept the offer from the Customer. This validation largely consists in verifying the supply of goods as well as Customer's ability to pay.
(5) Storage of the text for purchase in the case of orders from our internet shop: We shall send you the order details and our Terms and Conditions by email. The Terms and Conditions can be viewed at any time at www.hsb-wr.de/rechtliches/agb/ . Your order details will no longer be accessible over the Internet for security reasons.
Section 3 Prices, Postage Costs, Due Date
(1) The prices stated are final prices. They include legal VAT charges and other price components. This includes a lump postage cost sum of €7.00 per order for postage within Germany. The only exceptions to this are order for tickets or gift vouchers, for which there is a lump postage cost sum of €1.50 per order. In general, no postage costs shall be due for an order within Germany with a value of €50.00 or more. The postage regulations for orders outside of Germany can be found here.
(2) The Customer can choose to pay by invoice, payment in advance or by PayPal. Orders outside of the Federal Republic of Germany can only be paid by payment in advance or by PayPal.
(3) If the Customer selects payment in advance, he is obliged to pay the purchase price immediately upon conclusion of the contract.
Section 4 Verification of Discount Entitlement
If the Customer claims a reduction when buying the tickets for themed excursion trains as well as for the "Faust I" and "Faust II" events, a proof of the reduction entitlement (e.g. school or student ID) should be brought along to the event. If the proof cannot be presented to HSB staff when requested upon admission, the Customer is obliged to pay the difference to the normal price on the spot in order to be admitted.
Section 5 Delivery
(1) Unless we have not clearly stated otherwise in the product description, all items offered by us are immediately ready for dispatch.
(2) If the Customer selects payment in advance, we will not send the goods before receipt of payment.
Section 6 Reservation of Title
We shall reserve ownership of the goods until receipt of full payment of the purchase price.
Section 7 Rebooking of Tickets
(1) The free cancellation, return and exchange of tickets which have already been paid for (fixed booking)- even divided up into part quantities- is not generally possible. This also concerns rebooking within different price groups. However, a rebooking of tickets which have already been purchased to another day is possible. In such cases, a rebooking fee of €10.00 per ticket is due. After sending back the tickets which have already been received to HSB (Friedrichstraße 151, 38855 Wernigerode) accompanied with the rebooking fee of €10.00 per ticket, the new tickets shall be sent to you. A rebooking is only permitted via HSB Customer Service at
Harzer Schmalspurbahnen GmbH
Fax: +49 (0) 3943/558-148
(2) For other cancellations, returns and exchanges of tickets, which do not concern rebooking to another day, the full ticket price shall be due for payment as a fee. This shall not apply for obvious delivery errors, of which HSB must be notified immediately in writing upon receipt of the delivery. In this case, HSB shall carry out a replacement delivery free of charge after the tickets which have already been delivered have been returned. It is recommended to take out travel cancellation insurance.
§ 8 Right of Return
Insofar as tickets for themed excursion trains and the "Faust I" and "Faust II" events are offered for sale in our Steam Shop, this is not a distance contract in line with Section 312 b of the German Civil Code. This means that there is no cancellation or return right for these tickets. Any order of tickets is therefore immediately binding by HSB upon confirmation according to Section 2 (4) and there is an obligation of acceptance and payment for the ordered tickets.
Right of return
You shall be entitled to return items delivered to you (except for tickets and gift vouchers of any kind) without stating any reasons within 14 days. The grace period begins after receipt of this instruction in text form (e.g. as a letter, fax, email) but neither before the recipient receives the goods (in the event of recurring deliveries of similar goods not before the first partial delivery is received), nor before the fulfilment of our information obligations pursuant to Article 246(2) in conjunction with Section 1(1) and (2) of the Introductory Act to the German Civil Code, as well as our obligations pursuant to Section 312 g(1)(1) of the German Civil Code, in conjunction with Article 246(3) of the Introductory Act to the German Civil Code. Only in the case of goods that are not suitable to be dispatched as a package (e.g. bulky goods) may you also declare a return via a request for collection in text form. For compliance with the returns period, timely dispatch of the goods or the collection request shall be sufficient. We shall assume the costs and risk of returning the items in each case.
The return or request for collection shall be made to:
Harzer Schmalspurbahnen GmbH
Telefax +49 (0) 3943/558-224
Consequences of the return:
In the case of an effective return, the services received by both sides shall be returned including any benefits derived, where applicable. In the case of a deterioration of the item and for benefits (e.g. from use) that cannot be returned, can only be returned in part or in an impaired condition, you shall be obliged to pay compensation for this. Compensation for the deterioration of the item must only be paid when the deterioration is due to a handling of the item which exceeds the inspection of its qualities and functionality. "The inspection of its qualities and functionality" means the testing and trying out of the relevant item in a manner which is possible and conventional at the shop. Obligatory refunds of payments must be made within 30 days. The period shall begin for you on the date that the item or request for collection is sent; for us it begins upon receipt of these.
End of return instruction
Section 9 Domestic Animals
Bringing domestic animals to the "Faust I" and " Faust II" events as well as on themed excursion trains is not permitted.
Section 10 Video Recordings
For copyright reasons, recordings of any kind (video, audio, photo) are not permitted during the performance of the "Faust I" and " Faust II" events.
Section 11 Place of Performance, Place of Jurisdiction
The place of performance and exclusive place of jurisdiction is Werniergerode.
§ 12 Contact Persons at the Steam Shop
Our contact persons are available for questions, queries and complaints on work days between 8am and 4pm at
Telephone: +49 (0) 3943/558-222
Fax: +49 (0) 3943/558-224
The European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.
These General Terms and Conditions shall apply until they are revoked. Prices are given without guarantee. We reserve the right to make changes.
General Terms and Conditions as at: March 2013