General terms and conditions with customer information
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Right of withdrawal and exceptions
9. Warranty for material defects and guarantee
11. Storage of the contract text
12. Data protection
13. Place of jurisdiction, applicable law, contractual language
1. SCOPE OF APPLICATION
1.1 For the business relationship between merchfactory GmbH (represented by the managing directors:
Thomas Schellberg , Matthias Pfeiffer), Lucie Bolte Str.2, 66793 Saarwellingen (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions of Business in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections on workdays from [9:00 a.m.] to [3:00 p.m.] by e-mail at firstname.lastname@example.org.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. OFFERS AND PERFORMANCE SPECIFICATIONS
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Otherwise, errors are reserved.
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button in the shopping cart. The Customer can then proceed to the checkout within the shopping cart by clicking on the Continue button to complete the ordering process.
3.2 By clicking the Buy button, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3 The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out by using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The sales contract is only concluded if the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.4 If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. PRICES AND SHIPPING COSTS
4.1 All prices stated on the Seller's website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. DELIVERY, AVAILABILITY OF GOODS
5.1 If advance payment has been agreed upon, delivery shall be effected after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3 Should the delivery of the goods fail through the fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. TERMS OF PAYMENT
6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.
6.5 The Customer's obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. RETENTION OF TITLE
The delivered goods remain the property of the seller until full payment has been made.
8. RIGHT OF REVOCATION AND EXCEPTIONS
The customer can revoke his order according to the legal right of revocation without giving reasons. Further information can be found in the revocation instruction. He can use our revocation form to exercise the right of revocation or formulate his own revocation declaration.
Attention: The right of revocation does not apply to contracts
for the delivery of audio or video recordings (e.g. CDs, LPs, DVDs) in a sealed package, if the seal has been removed after delivery
for the delivery of tickets for events of any kind with a specific date or period (e.g. concerts);
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to his personal needs;
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will not be charged any fees because of this repayment.
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 the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, quality or functioning of the goods.
9. WARRANTY FOR MATERIAL DEFECTS AND GUARANTEE
9.1 The warranty is determined by legal regulations.
9.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed of the guarantee conditions before the ordering process is initiated.
10.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
10.2 The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. STORAGE OF THE CONTRACT TEXT
11.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions of Business together with the revocation instruction and the notes on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
12. DATA PROTECTION
12.1 The seller processes personal data of the customer for the intended purpose and in accordance with the statutory provisions.
12.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) will be used by the Seller for the fulfilment and processing of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
12.3 The customer has the right to request information free of charge about the personal data stored by the seller about him. In addition, he has the right, among other things, to have incorrect data corrected, to restrict and delete his personal data, provided that there is no legal obligation to keep records.
13. PLACE OF JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
13.1 Place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2 The contractual language is German.
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