Terms & Conditions

 

Prices, Terms Of Shipping & Handling

All prices in our magazine and in the web shop are displayed in Euro and include VAT (value-added tax, at present 19%). In addition we charge you the costs for shipping & handling and cod (where applicable).

Payment methods we accept:

COD (cash on delivery)

COD works like this: we send out the order and you pay your postman on your doorstep at the time of delivery. Unfortunately, this method of payment means additional costs for us. Hence we have to charge EUR 9,95 COD-charges in addition to the above mentioned shipping & handling fees. You will also need to pay the locally applicable payment-slip charge levied by your post office! For technical reasons, the German postal service cannot effect cash-on-delivery consignments to all countries. Take a look at the table below to see the countries where COD payment is possible.

PayPal

PayPal is the easy and safe way to pay at EMP. In addition, payments are received very quickly so that orders can be processed faster. To able to use this payment service, you will first need to register with PayPal (www.paypal.com). Registration is free of charge.

Credit Card (VISA, Euro/Mastercard, ) - ONLY IN GREENLAND

In case you decide to pay by Credit Card please indicate your credit card number as well as the date of expiry of your Credit Card on the order form. Apart from shipping & handling no further costs will arise. We will charge your credit card account when your order is ready for shipping in our warehouse.

Advanced Payment by Bank Transfer
(available for countries that are using the EURO as a single currency):

After receipt of your order, we will send you an order confirmation and a payment advice slip (by email if possible, so you have the information quicker). Once you receive this information, please use the provided information so that you can transfer the outstanding balance onto the bank account noted on your order confirmation. We especially need the order number and your name with the payment so that we can quickly attach the payment to the order. After we receive payment, we will process your order and send it out to you. Should you send too much money to us by mistake, we will be sure to refund you the difference as soon as possible. We do not charge you anything extra for this payment method. You will only pay for your ordered items plus postage and packaging.
Important: Please DO NOT send us bank notes or cheques by mail.

Deliveries

Deliveries within the European Union (EU/EEC)

All prices in our magazine and in the web shop are displayed in Euro and include VAT (value-added tax, at present 19%). This means the prices are valid the way they are displayed. In addition we charge you the costs for shipping & handling and cod (where applicable).

Deliveries outside the European Union EU / non EEC Countries

The prices stated in the magazine will be charged less the applicable rate of VAT in Germany (currently 19%) to the costs for shipping and packaging, and the cash-on-delivery fee where applicable. You will then still need to pay the duties and import sales tax applicable in your country.

For a better understanding we have summarized all arising costs for shipping & handling depending on the method of payment in the following chart:

 CountryShipping costs depending on method of payment
Payment method: C.O.D.* Credit Card  Advanced Payment PayPal EU Country?
BG Bulgaria Not Possible! Not Possible! Not Possible! EUR 19.95 yes
CY Cyprus Not Possible! Not Possible!  Not Possible! EUR 19.95 yes
EST Estonia Not Possible! Not Possible!  Not Possible! EUR 19.95 yes
GR Greece Not Possible! Not Possible!  EUR 19.95 EUR 19.95 yes
GL Greenland Not Possible! EUR 19,95  Not Possible! EUR 19.95 no
H Hungary EUR 19.95 Not Possible!  EUR 19.95 EUR 19.95 yes
IS Iceland EUR 19.95 Not Possible!  Not Possible! EUR 19.95 no
LV Latvia EUR 19.95 Not Possible!  Not Possible! EUR 19.95 yes
MT Malta Not Possible! Not Possible!  EUR 19.95 EUR 19.95 yes
RO Romania Not Possible! Not Possible!  Not Possible! EUR 19.95 yes
SLO Slovenia Not Possible! Not Possible!  EUR 19.95 EUR 19.95 yes
TR Turkey EUR 19.95 Not Possible!  Not Possible! EUR 19.95 no
  Brazil, Mexico, Japan Not Possible! EUR 19.95 Not possible! Not Possible! no
  Argentina, China Not Possible!

Argentina EUR 19,95

China EUR 19,95

Not Possible!  Not Possible!  no
  All other countries Not Possible! Not Possible!  Not Possible! EUR 19.95  
  * plus the additional service fee raised by your local mail delivery service.

 

Minimum Order

The minimum amount for an order, which does not include shipping and packaging costs, is EUR 10,00.

 

Delivery Period

Usually we send out your order within 7 days after your order arrived. In case you stated a date to complete your order, we'll wait until that day.
In addition to details about the item on offer, you will also receive information on when it is available. Please remember, however, that this information is not a binding or guaranteed shipping date, but simply a guideline indicating the anticipated date.
All items which are not available until the date of shipping your order have to be re-ordered, there will be no subsequent deliveries.

 

Conclusion of Contract

Ordering process

In the webshop, you can place items into the shopping basket with no obligation by clicking the ‘Add to basket’ button. You can view the shopping basket and remove items at any time. Using the ‘Checkout’ button, you can begin the ordering process. You can place an order as a guest, or create an EMP customer account. If you place an order as a guest, we will request the necessary data to be able to process the order. Alternatively, you can provide your details via PayPal or Amazon Pay. As a guest, you will still be able to benefit from our international customer service.

Alternatively, you can create a customer account or log in to your customer account as a registered user. You must then choose a payment method. On the Review Order page, you will see the details you have entered once again. You can navigate back at any time and correct your details or interrupt the order process by leaving our website or closing the browser. You only commit to placing the order when you click on the ‘Place order’ button. Immediately after the order is placed, we will send you an order confirmation by email. This does not constitute a contract. The contractual text regarding your order (the contents of your order along with these terms and conditions) will be saved and sent to you as part of the order confirmation.

Your contract partner for all orders is:
E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70a
D 49811 Lingen
Germany
Managing directors: Ernst Trapp, Dr. Jan Fischer
Commercial Registry: Amtsgericht Osnabrück, HRB 100299
VAT NR.:
E-Mail: mailbox@emp-online.com

 

International Customer Service

We aim to provide you with comfortable, simple and comprehensive customer service. The international customer service is available to all EMP-group customers during the ordering process. The EMP group of companies includes E.M.P. Merchandising Handelsgesellschaft GmbH, EMP Mail Order UK Ltd., Emp Mailorder Italia S.r.l., Large Popmerchandising B.V. and Large Popmerchandising B.V.B.A. This means that you not only have the option to contact the customer service of the EMP-group company you placed the order with, but also that of any other EMP-group company. The EMP-group company which you placed your order with may transmit your data to another EMP-group company in order for them to have access to your order details if you require help from them.

 

Our Return Policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (EMP Returns Service, Darmer Esch 73, 49811 Lingen - Germany Fax: +49 (0)591-914320, E-Mail: mailbox@emp-online.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Your right to cancel will not be agreed in the following situations:

  • on returns of sealed audio- or video (e.g. CDs, LPs, DVDs) or software (e.g. games), if you have already unsealed the packaging;
  • on a sale of tickets for events of any kind (e.g. concerts and festivals). These are non- refundable.
  • on an order for personalized items, or products that have been manufactured according to your specifications.
  • on sealed goods, which are not applicable for a return for reasons of health and safety or hygiene, in the situation where the sealing has been removed (e.g. piercings, contact lenses)

Sample cancellation form - template

You can use the following form for your order cancellation or write your own letter to cancel, or, as specified in the terms, you can return the goods without comment within the return period.
To:
To: EMP Returns Service, Darmer Esch 73, 49811 Lingen - Germany

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

_____________________________________________________________________

Ordered on (*)/received on (*),

_____________________________________

Name of consumer(s),

_____________________________________

Address of consumer(s),

_____________________________________

Signature of consumer(s) (only if this form is notified on paper),

____________________________________

Date

____________________________________

(*) Delete as appropriate.

 

Damaged Deliveries

Please make sure that you receive an undamaged package (if necessary open the package in the presence of the postman). Do not in any case accept a damaged delivery (e.g. an opened box or similar) since by doing this you implicitly confirm the reception of undamaged items.

 

Ordering of Swords

Ordering of swords / proof of age / disclaimer

The swords we offer are designed for decoration only. They can only be delivered OTC to customers who have reached the age of 18. Therefore, we inevitably require a copy of your identity card by fax or by mail. We cannot process your order before this copy is available. The swords will be delivered individually postage paid and free of COD charges. Important: These delivery conditions are only applicable for Germany and Austria. Costs and mode of delivery to other countries on request. Sale to people under 18 is not possible.
We assume no liability for damage to the goods and/or people or things, caused by the improper or abusive use of the goods delivered by us. The unauthorised use of the swords in public is forbidden pursuant to section 39 of the Weapons Act.

 

15.9 Data Protection Notice to transfer E-Mail addresses to Funko and Direct Marketing Consent

E.M.P. Merchandising Handelsgesellschaft mbH ("EMP", "we" or "our") provides this Data Protection Notice ("Notice") to explain our practices as the responsible data controller regarding the processing of your email addresses in the context of transferring them to our business partner Funko UK Limited, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY ("Funko").

15.9.1. CATEGORIES OF PERSONAL DATA

EMP collects, processes, and uses your email address as part of your check-out process during the purchase of Funko products on the EMP Website.

15.9.2. PROCESSING PURPOSES, BASIS, RECIPIENT AND CONSEQUENCES

You are in the process of purchasing Funko products on our Website. For the purposes of inter alia delivering the Funko products, providing customer care services, compliance with legal obligations and defending, establishing and exercising legal claims we process your email address in accordance with our Website Privacy Policy which you can find here:Privacy Policy.

In addition to that and based on your explicit and voluntary consent in accordance with Art. 6 (1) lit. (a) General Data Protection Regulation ("GDPR") provided on the basis of this Notice, we will transfer your email address to Funko after September 2021. Funko will process your email address to send you marketing information about other Funko products and services, new developments, and their events via email.

The provision of your email address for the transfer to Funko is voluntary and is not required as part of the purchase. Not providing it will not result in any disadvantages for you and will especially not result in legal consequences for you.

15.9.3. INTERNATIONAL TRANSFERS OF PERSONAL DATA

Funko is located in the UK (London) and depending on the outcome of the Brexit process will be located outside the European Economic Area ("EEA") from March 29, 2019 onwards. In case of a hard Brexit the UK will be considered a country which does not adduce an adequate level of protection from a European data protection law perspective. We will take all necessary measures to ensure that transfers out of the EEA are adequately protected as required by applicable data protection law by basing the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved codes of conduct together with binding and enforceable commitments of Funko. You can ask for a copy of such appropriate safeguards by contacting us as set out in the "Questions" section below.

15.9.4. RETENTION PERIOD

Your email address is stored by EMP strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws. After the transfer of your email address to Funko in October 2021 and if EMP no longer needs to use your email address for other purposes (as set out in our Website Privacy Policy), we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which EMP is subject).

15.9.5. YOUR RIGHTS

15.9.5.1 Right to withdraw your consent

If you have declared your consent to the transfer of your email address to Funko and the receipt of certain type of direct marketing communication via email from Funko, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Please contact us as stated in the "Questions" section below to withdraw your consent or contact Funko (supporteushop@funkoeuropeshop.com). You may also use the "unsubscribe" button in each email provided by Funko.

15.9.5.2 Additional data privacy rights

Pursuant to applicable data protection law you may have the right to: (i) request access to your personal data; (ii) request rectification of your personal data; (iii) request erasure of your personal data; (iv) request restriction of processing of your personal data; (v) request data portability; and (vi) object to the processing of your personal data (including objection to profiling).

Please note that the aforementioned rights might be limited under the applicable national data protection law. Below please find further information on your rights under the GDPR:

5.2.1 Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals restrict your right of access.

You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

5.2.2 Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

5.2.3 Right to erasure (right to be forgotten): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.

5.2.4 Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

5.2.5 Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

5.2.6 Right to object:Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Such right to object may especially apply if EMP or Funko processes your personal data for direct marketing via email. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You may exercise this right without incurring any costs other than the transmission costs in accordance with the basic tariffs of your telecommunication provider by contacting us as stated in the "Questions" section below.

Such a right to object may not exist, in particular, if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

If you have also consented to direct marketing but no longer want to receive any direct marketing via email, you also need to withdraw your consent as explained above .

To exercise your rights please contact us as stated in the "Questions" section below.

You also have the right to lodge a complaint with the competent data protection supervisory authority.

Questions

If you have any questions about this Notice or if you want to exercise your rights as explained in the "Your Rights" section, please contact datenschutz@emp.de

EMP's data protection officer can be contacted at E.M.P. Merchandising Handelsgesellschaft mbH, André Bosse, Darmer Esch 70a, D-49808 Lingen, datenschutz@emp.de.

In case of exclusive purchase of Funko products (e.g., shopping cart contains only Funko products) you receive the option to give your consent to transfer your email address to Funko UK Limited, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY and to receive marketing information from Funko as of October 2021.You can obtain the related data protection information here: Privacy Policy.

If you have declared your consent to the transfer of your email address to Funko and the receipt of certain type of direct marketing communication via email from Funko, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Please contact us as stated in the "Questions" section below to withdraw your consent or contact Funko (supporteushop@funkoeuropeshop.com). You may also use the "unsubscribe" button in each email provided by Funko.

 

Miscellaneous

  • Closing Dates for Special Offers are shown on the Webshop.
  • Please don’t send us any cash with your orders (we cannot accept any responsibility for post we don’t receive!)
  • As the supplier, we are allowed to send you partial deliveries, and you, as the purchaser, are required to accept this type of delivery.
  • In your own interest, please ensure that the package you receive from the postal service is intact. Never accept a defective consignment (e.g. a torn package) from the parcel delivery service.
  • Despite careful stocking, items offered may sell out more quickly than anticipated. We work on the basis that we will deliver the articles you order as long as stocks last. This is especially true for special offers/limited offers. For prize draws/competitions, the judge’s decision is final!
  • We warrant that goods supplied by us are free of manufacturing or material defects. In accordance with the law, you are entitled to issue a justified complaint known as a "notice of defect" for goods supplied by us. We are not liable for the suitability of the goods for a specific use intended by the purchaser.
  • If you reside within the European Union your local consumer rights laws may be applicable.
  • All deliveries are subject to these terms of delivery.
  • If not stated else, all textiles consist of 100% Cotton.
  • In accordance with Legal ruling, you are entitled to reclaimg on faulty goods for up to 2 years. We are not liable for the suitablility of our products for a certain purpose. We recommend that you check all items for faults upon receipt of a delivery.
  • You are entitled to all legal rights in case our goods have flaws (2 years warranty claim). We do not grant further guarantees. Obvious flaws of goods are to be reported to us immediately after reception in written form. If not reported all other warranties on our behalf reffering to this expire. We recommend to check all goods immediately after you received your parcel.
  • Special offers are only valid while supplies last.
  • All prices are in Euros (€) including the local VAT.
  • The delivered goods remain our property until fully paid for.
  • The information on this website is protected by copyright. Reprints, even extracts must be authorized by the publisher.
  • All deliveries are subject exclusively to the above-mentioned Delivery Terms in the version valid at the time the order is placed.
  • These regulations - as well as any contract for sale based on these regulations - are based upon our German "Allgemeine Geschäftsbedingungen" and subject to German law. If one or any of these regulations are invalid or inoperative always the German version is significant.
  • Apple, Inc. ("Apple") does not participate in our sweepstakes or contests and not sponsoring it.
 

Return of Batteries

Batteries do not belong in household refuse. As the consumer, you are legally obliged to return used batteries. You can hand in your old batteries at public collection points in your community, or any place where batteries are sold. Of course, once they are used, you can also return the batteries you got from us to the following address:
EMP Returns
Synergy Retail Support Ltd
Ravens Way
Crow Lane Industrial Estate
Northhampton
NN3 9UD
UK
mailbox@emp.ie

Batterien

Pb = Battery contains lead
Cd = Battery contains cadmium
Hg = Battery contains mercury

 

Disclaimer

The author (EMP Mail Order UK Ltd) explicitly accounts that all websites which are linked to were free from illegal content at the time the linking occurred. Furthermore the author accounts that he has no influence on the current and future configuration of the websites linked to or connected. A consistent check of the sites linked to or connected is not possible as long as there are no concrete indications of encroachment. As soon as we become aware of any illegal content, we will immediately delete the links concerned. This applies for all links and references set within our own internet-offer as well as for all entries made by third parties in our guest-book section, chat, forums and mailing lists. If any damage occurs by the use of information presented therein, only the author of the respective pages may be held liable, not the person who has linked the pages.

 

Imprint

Address: E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70 a
D 49811 Lingen
Germany

E.M.P. Merchandising Handelsgesellschaft mbH
P.O. Box
49801 Lingen
Germany

Commercial Registry:
HRB 100299

Customer Service: Mo-Fr 8.00 a.m. - 7.00 p.m.,
Sa 10.00 a.m. - 6.00 p.m. (except holidays);
Su 11.00-19.00 p.m.
Tel: +49 591 - 9 14 3800
E-Mail: mailbox@emp-online.com

VAT No.:
DE 178 881 350
Commercial Registry:
HRB 100299

Management:
Ernst Trapp, Dr. Jan Fischer, Stuart Bergen, Antony Harlow, Eric Levin