Only the German version of this text is legally binding. This English translation is provided for convenience.
Last updated: 12.10.2026
1. Scope and Seller
1.1 These General Terms and Conditions apply to all orders placed through the online shop fishwishracing.com. Your contracting party is Jan Schaumann, Fishwish Racing – NASCAR Model Kits, Breite Str. 5, 13187 Berlin, Germany, phone +49 30 8866 3866, email info@fishwishracing.com (hereinafter “I”).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity (Section 13 of the German Civil Code, BGB). Any deviating terms of the customer apply only if I expressly agree to them.
2. Offer and Conclusion of Contract
2.1 The presentation of items in the shop is not a binding offer, but an invitation to order. Most items are one-of-a-kind pieces. The current stock is displayed for each item.
2.2 You add items to the shopping cart, go to checkout, enter your details and select a payment method. Before submitting, you can review and correct all information. By clicking “Buy now” you submit a binding offer to purchase.
2.3 I will immediately confirm receipt of your order automatically by email (order confirmation). This email does not yet constitute acceptance of your offer.
2.4 The contract is concluded when I accept your order. For prepayment, I do this by confirming receipt of payment together with the invoice by email or by shipping the goods to you, whichever occurs first. For payment with PayPal, I accept your order as soon as you have completed the payment with PayPal; you will then immediately receive the confirmation with the invoice.
2.5 For prepayment, I will reserve the ordered items for you for 5 days from the order confirmation. If no payment is received by then, I will not accept the order. The items will then be returned to the shop. If a payment arrives late and the item is no longer available, I will refund it without delay.
2.6 The contract language is German.
3. Prices and Shipping Costs
3.1 All prices are final prices in euros, including statutory value-added tax. For deliveries to Switzerland, invoicing is done without German VAT (tax-exempt export). Swiss import tax, customs duties and carrier fees are your responsibility and are paid directly upon delivery.
3.2 Shipping costs are charged in addition. Their amount is listed on the page Shipping & Delivery and is displayed to you in the shopping cart and at checkout before you place your order.
4. Delivery
4.1 I deliver to Germany and Switzerland. Deliveries to other countries are not possible, but you can order at any time to a German delivery address.
4.2 For prepayment, I ship the goods after receipt of payment, usually within 2 business days. Transit time within Germany is usually 2–3 business days, and to Switzerland usually 1–2 weeks. Different delivery times are stated on the respective item.
4.3 If I am unable to deliver an ordered item through no fault of my own (for example, because it was found to be damaged during an inventory check), I will inform you without delay and immediately refund any payments already made.
5. Payment
5.1 The available payment methods are listed on the page Payment Methods and are displayed at checkout.
5.2 For prepayment, you transfer the invoice amount after placing your order to the account stated in the order confirmation. Please state your order number as the payment reference.
5.3 For payment with PayPal, you will be redirected to PayPal at checkout and confirm the payment there. The amount is charged immediately. The PayPal terms of use additionally apply to the payment.
6. Retention of Title
The goods remain my property until full payment has been made.
7. Right of Withdrawal
As a consumer, you have a statutory right of withdrawal. Details can be found in the Withdrawal Policy. You can also withdraw from the contract online using the “Withdraw from contract” button, which can be found at the bottom of every page.
8. Warranty and Collectibles from Old Stock
8.1 The statutory warranty law for defects applies unless otherwise agreed below. Details on the statutory warranty can be found in the Information on the statutory warranty (EU notice).
8.2 The model kits and decals offered are collectibles from old stock, often 30 to 50 years old. I sell them as used goods, even if they are still in the original packaging and sealed. I do not inspect the contents so that the collector value of the original packaging is preserved. I point this out separately on every product page.
8.3 If you are a consumer, we expressly and separately agree before the order (own checkbox at checkout) that age-related changes do not constitute a defect. These include in particular yellowed, brittle or unusable decals, warped, discolored or brittle plastic and rubber parts, detached or loose parts, and incomplete contents. We also agree there that warranty claims for defects become time-barred one year after delivery (Section 476 (1) and (2) BGB). The condition of the box, shrink wrap and contents as shown in the item description and photos is likewise part of the agreed condition.
8.4 If you are a business customer, the warranty for these used goods is excluded.
8.5 The shortening of the limitation period and the exclusion under 8.4 do not apply to claims for damages resulting from injury to life, body or health, from intentional or grossly negligent breach of duty, in the case of fraudulently concealed defects, under a guarantee, and under the Product Liability Act. In these cases, the statutory periods and Section 9 apply.
8.6 Please report obvious transport damage to the carrier and to me as soon as possible. Your statutory rights do not depend on this, but it helps me enforce my claims against the shipping service.
8.7 I do not provide a guarantee. Manufacturer guarantees generally do not exist for the items offered.
9. Liability
9.1 I am liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and for fraudulently concealed defects.
9.2 In cases of slightly negligent breach of an essential contractual obligation, I am liable only for the foreseeable damage typical for this type of contract. Essential contractual obligations are those whose fulfillment is a prerequisite for the proper performance of the contract and on whose observance you can regularly rely. Otherwise, liability for slight negligence is excluded.
9.3 Warranty claims are otherwise governed by Section 8.
10. Storage of the Contract Text
I store the contract text. You will receive the order data by email with the order confirmation, and these Terms and Conditions and the Withdrawal Policy at the latest with the confirmation of receipt of payment. If you have a customer account, you can also find your orders there. You can access and print the Terms and Conditions at any time on this page.
11. Dispute Resolution and Applicable Law
11.1 I am neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.
11.3 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.