Terms of service

General Terms and Conditions "Märklin Special Model 2025"

The following terms and conditions apply between you and us, Gebr. Märklin & Cie. GmbH, Stuttgarter Straße 55-57, 73033 Göppingen, Germany (hereinafter referred to as "Märklin"), if you wish to purchase one of the two special wagons via the maerklin-messagewagons.com website.

§ 1 Participation in the raffle ("Raffle")

(1) In order to be able to submit an offer for one of the two special models, a potential buyer must first take part in a raffle. Only those who are drawn by lot can then make an offer to purchase one of the two special models.

(2) The "Märklin Special Model 2025" raffle is open to persons aged 18 and over.

(3) The registration period begins on 28 March 2025, 17:00 CET and ends on 11 April 2025, 23:59 CEST; the time zone at our registered office in Göppingen, Germany, is decisive in each case

(4) You can only take part via the website www.maerklin-messagewagons.com by selecting one of the two special trolleys, which you place in a virtual shopping basket by clicking on the "place into shopping cart" button; please then enter your address details. Click on the "Take part in the raffle" button to send us your participation request. Participation in the Raffle is free of charge for you; participation in this Raffle does not constitute a binding offer to conclude a purchase contract, nor does it give rise to any entitlement to purchase a special car. The Raffle is only used to determine who is authorised to purchase, as the number of special trolleys is limited.

(5) The beneficiaries will be determined by Märklin on 15 April 2025 by means of an automatic lottery procedure. Each beneficiary will be notified by e-mail on 16 April 2025 and must send a binding order via the individual link contained in the e-mail on the order page and arrange payment by the end of 22 April 2025 at the latest, otherwise the subscription entitlement will expire.

(6) Employees of Märklin and their relatives are excluded from participating in the Raffle. Multiple participation is not permitted.

§ 2 Conclusion of contract

If you have been selected as an authorised beneficiary in the Raffle, the following terms and conditions apply to the conclusion of the contract:

(1) The special model you have selected and which can be seen under the link sent to you on our website maerklin-messagewagons.com does not constitute a binding offer on our part. Please refer to our customer information to find out how a contract is concluded.

(2) Our special models are only produced in small quantities. Therefore, the sale of our special models is limited to one piece per customer. 

§ 3 Our liability

Unless otherwise agreed below, the statutory warranty rights apply to our goods.

(1) We shall be liable - irrespective of the legal grounds - for damages or reimbursement of futile expenses in accordance with the following provisions under lit. (a) and (b) below:

(a) In the event of wilful intent or gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you regularly rely and may rely); in this case, however, our liability shall be limited to compensation for foreseeable damage typical of the contract.

(b) The exclusions and limitations of liability resulting from lit. (a) shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item, for damages resulting from injury to life, body or health, as well as in the case of liability under the Product Liability Act.

(2) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.

§ 4 Retention of title

The goods remain our property until full payment has been made.

§ 5 Consumer arbitration

We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

§ 6 Jurisdiction agreement with merchants

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the business relationship between you and us shall be Göppingen, Germany. In this case, we are also entitled to bring an action at the customer's registered office and at any other permissible place of jurisdiction.