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General Terms and Conditions

General Terms and Conditions

1. Scope of application

The following General Terms and Conditions apply to all orders placed via our online shop.

2. Contracting party, conclusion of contract

The sales contract is concluded with Merch and Fashion GmbH.

By placing the merchandise in the online shop, we make a binding offer to conclude a contract for selling this merchandise. Initially, you may place our items in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the items contained in the shopping basket.

Immediately after sending the order, you will receive another confirmation by email.

3. Contract language, storage of contract wording
The language available for concluding the contract is German.

We save the contract wording and send you the order data and our general terms and conditions by email. The contract wording may be found in our customer login.

4. Delivery

In addition to the indicated product prices, delivery costs will be charged. More details about the delivery costs may be found in the offers.

All merchandise is subject to shipping. Collection by the customer is not possible.

5. Payment

Our shop offers the following payment methods:

Credit card
When placing your order, you also provide us with your credit card details.
After verifying that you are the legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the merchandise has been shipped. The payment transaction is carried out automatically by the credit card company and your card will be charged.

PayPal
During the order process, you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered or register first, identify yourself with your access data and confirm the payment order addressed to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal after dispatch of the merchandise. Further information will be provided to you during the order process.

Direct transfer (SOFORT)
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedure that has been activated for the use of SOFORT Überweisung, legitimize yourself accordingly and confirm the payment order addressed to us. Further information will be provided to you during the order process. The payment transaction will be executed immediately afterwards via SOFORT Überweisung and your bank account will be charged.

6. Retention of title

The merchandise shall remain our property until full payment has been made.

7. Transport damages

If items with obvious transport damages are delivered, please reclaim such faults immediately to the deliverer and contact us as soon as possible. Failure to timely complaint or notifying us will not infringe on your legal claims and their enforcement, in particular your statutory warranty rights, but will help us to assert our own claims toward the carrier and/or transport insurance.

8. Guaranties and warranties

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The limitation period for warranty claims for used goods shall be one year starting from the delivery of the goods.
The aforesaid limitations and shortening of time limits shall not apply to claims arising from damages caused by us, our legal representatives or our vicarious agents

  • in the event of injury to life, body or health,

  • in the event of intentional or grossly negligent breach of duty as well as fraudulent intent,

  • in the event of breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

  • in the context of a warranty commitment, if agreed, or

  • to the extent that the German Product Liability Act is applicable.

Information on any additional warranties and guaranties that may apply and their exact conditions can be found with the item and on special information pages in the online shop.

Customer support: You may contact our customer support for questions, complaints and objections on weekdays from 10:00 am to 12:00 pm and 03:00 pm to 05:00 pm by phone: +496403 7893590 and by email: support@merchandfashion.de

9. Liability

For claims arising from damages caused by us, our legal representatives or our vicarious agents, we are always liable without limitation

  • in the event of injury to life, body or health,

  • in the event of intentional or grossly negligent breach of duty,

  • in the context of a warranty commitment, if agreed, or

  • to the extent that the German Product Liability Act is applicable.

In in the event of breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence on our part, on the part of our legal representatives or our vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of contract conclusion, the emergence of which is typically to be expected within the scope of this contract. All other claims for damages shall be excluded.

10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you may find here https://ec.europa.eu/consumers/odr/.
We are neither obligated nor willing to participate in a dispute settlement procedure at a consumer arbitration board.
The General Terms and Conditions are created by Trusted Shops legal copywriter in collaboration with Wilde Beuger Solmecke Rechtsanwälte.

Created on January 29, 2018

 

 

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