1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
The following applies to Germany: According to Section 13BGB, consumers are any natural person who concludes a legal transaction for purposes that can largely be attributed neither to their commercial nor independent professional activity.
The following applies to Austria: In the following conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following terms and conditions, “consumer” is understood to mean the “consumer” under Swiss law.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with MERSOR GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German, English
We save the contract text and send you the order details and our terms and conditions in text form. For security reasons, the text of the contract is no longer available on the Internet.
4. Delivery terms
Shipping costs may apply in addition to the stated product prices. For more detailed information on any shipping costs that may apply, please see the offers.
We do not deliver to packing stations.
Wir behalten uns einen Anlieferungspuffer von einer Woche vor. Dies bedeutet, dass die angegebenen Lieferzeiten um bis zu sieben Tage verlängert werden können. Dieser Puffer ist notwendig, um unvorhersehbare Verzögerungen durch externe Faktoren, wie z.B. Lieferengpässe, Witterungsbedingungen oder logistische Herausforderungen, auszugleichen.
5. Payment
In general, the following payment methods are available in our shop:
Prepayment
If you choose to pay in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are additional costs of 15 euros.
credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after the order is placed.
SEPA direct debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is every working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account is charged before the goods are shipped.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment options in their customer account. However, we have no influence on the offer of these modalities; other individually offered payment options concern your legal relationship with PayPal. You can find more information about this in your PayPal account.
Klarna
In cooperation with payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You can find further information with the respective payment option and during the ordering process.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.
Klarna can offer registered Klarna customers selected according to their own criteria additional payment options in their customer account (e.g. interest-free installment plans). However, we have no influence on the offer of these modalities; other individually offered payment options relate to your legal relationship with Klarna. You can find more information about this in your Klarna account.
Klarna Kredti card
Enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after the order has been placed. There is no address and credit check.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account charge (so-called prenotification). The account will be charged after the goods have been shipped.
Cash payment upon collection
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following applies in addition: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in advance — regardless of a combination or mixing of the reserved goods with a new item — in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
9. Warranty and guarantees
9.1. Liability for defects
The following applies to consumers based in Germany and Austria:
Statutory liability for defects applies
For consumers based in Switzerland, the following applies:
As soon as it is feasible in the normal course of business, you should check the quality of the received item and, if there are defects for which the seller is responsible, report it to the seller immediately. If the consumer fails to do so, the purchased item is considered approved, unless there are defects that were not apparent during the actual examination. If such defects arise later, the notification must be made immediately after discovery; otherwise, the item will also be considered approved in view of these defects.
Please return the faulty product to us with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying defects. At our discretion, this is done either by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded.
The following applies to entrepreneurs and among merchants:
Unless otherwise expressly agreed below, the statutory liability for defects applies. The following restrictions and time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and malice
• in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act has been opened.
Restrictions against entrepreneurs
Only our own information and the manufacturer's product descriptions, which have been included in the contract, are considered to be an agreement with entrepreneurs; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item which has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse under Section 445a BGB remain unaffected.
Regulations vis-à-vis merchants
Merchants are required to examine and give notice of defects set out in Section 377 of the German Commercial Code. If you omit the notification set out there, the goods are considered approved, unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 10:00 a.m. to 3:00 p.m. at 030-403676100 and by e-mail at support@mersor.com.
10. Liability
We are always fully liable for claims due to damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, limb or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for compensation are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS) that you here find. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. protection of young people
If your order includes goods whose sale is subject to age restrictions, we use a reliable process including personal identity and age verification to ensure that the customer has reached the required minimum age. The deliverer only hands over the goods after the age has been verified and only to the customer personally.
13. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
TERMS AND CONDITIONS created with Trusted Shops legal copywriter