Terms & Conditions

§1 General

(1) These Terms and Conditions (hereinafter “GTC”) of

Merz b. Schwanen
Peter Plotnicki
Rosenthaler Str. 34/35
10178 Berlin
Germany

Mail: shop@merzbschwanen.com
Fon: +49 30 4431 8998 – 11
Fax: +49 30 4431 8998 – 88

VAT-ID: DE248480252

(hereinafter: ” Merz b Schwanen”) are considered to be contract partner for all orders in the online shop under http://www.merzbschwanen.com/ (hereinafter “Online Shop”). The customer has the possibility to view the terms and conditions during the ordering process, print and save in reproducible form. The latest versions of the Terms and Conditions can also be found at www.merzbschwanen.com.

(2) All agreements between Merz b. Schwanen and the customer in connection with an order, are taken in the mutually legally effective purchase contract, the conditions and the order confirmation of Merz b. Schwanen finally resigned. By his order, the customer agrees to the validity of the force at the time the order conditions agreement. Any own conditions of the customer conflicting these terms are not part of the contract. The contract will be saved by Merz. b. Schwanen, but can not be accessed by the customer for safety reasons after the completion of an order process. The customer is free, however, print out the relevant website during the ordering process by using the print function of their browser. Registered customers can also see within their user account (“My Account“) personal information such as contact details, modify and save, and view the status of orders.

§2 Offer

(1) The products range from Merz b. Schwanen under http://www.merzbschwanen.com/ are solely addressed to consumers as defined by BGB (German Civil Code of the Federal Republic of Germany). Consumer according to § 13 BGB means any natural person who enters into a legal transaction for a purpose that can neither be attributed to their com-mercial or independent professional activity. Denied or restricted legal capacity are autho-rized only with the cooperation and consent of their legal representative to mobilize the range of goods on offer. We accept only orders that are made via the online shop. Orders by fax, email, letter Merz b. Schwanen will not accept in principle and will not be processed. The delivery of goods occurs only in small amounts.

(2) pictures in the online shop are for reference only product presentation and does not constitute a legally binding offer by Merz b. Schwanen; changes and errors remain reserved insofar.

§3 Conclusion

(1) The ordering process is initiated by the customer by presenting the online store products in the virtual “shopping cart” and then setting the virtual ‘cashier’ on go. The customer initiate a legally binding offer to conclude a purchase agreement for the products in the basket to Merz b. Schwanen by clicking the “buy” button during the order process. Entered data can be changed by the customer until the completion of the ordering process at any time using the integrated into the order process control and correction functions (buttons “edit” and “remove”).

(2) The receipt of orders by the customer will be confirmed immediately (hereinafter “order confirmation”). The order confirmation does not constitute a legally binding declaration of acceptance by Merz b. Schwanen, but will inform the customer only about the fact that the order properly to Merz b. Schwanen has been transmitted; an order confirmation can ne-vertheless be connected with a contract of acceptance.

(3) The acceptance of an order and a contract can only be made by (a) explicit agreement of acceptance (hereinafter “order confirmation”), (b) by delivery of the goods and notification of the shipment (hereinafter the “order confirmation”) or ( c) in the case of a request for payment as PayPal, credit card payment. In the event that several of the aforementioned alternatives (a) present to (c), the contract comes into effect on the date in which one of the aforementioned alternatives comes first. For the adoption of a contract offer for Merz b. Schwanen a period of three business days after receipt of an order is valid.

§4 statutory right of withdrawal

(1) It is the legal right of withdrawal, on which Merz b. Schwanen instructed below in ac-cordance with the statutory provisions. A beyond the law contractual concession rights is not involved. In particular, the statutory right of revocation is not for commercial resellers.

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.
The period of withdrawal is fourteen days from the day at which you or a third party nomi-nated by you other than the carrier have taken possession of the goods.

To exercise their right of withdrawal, you need to inform us:

Merz b. Schwanen
Peter Plotnicki
Rosenthaler Str. 34/35
10178 Berlin
Germany

Mail: shop@merzbschwanen.com

by means of an unequivocal declaration (for example a letter sent by mail, fax or e-mail) in order to exercise your right of withdrawal. You can sure use the attached model withdrawal form, but which is not compulsory.

To safeguard the withdrawal period it is sufficient that you send your communication con-cerning the exercise of the right before the expiration of the withdrawal period.

Effects of withdrawal
If you withdraw from this contract, we have to repay all payments we have received from you, including delivery expenses (except the additional costs arising from the fact that you have chosen another delivery method than the low priced standard delivery offered by us) without any undue delay and no later than fourteen days after receipt of your withdrawal from this contract.
We will use the same means of payment used by you for the original transaction unless something else has been agreed with you explicitly. In no case whatsoever you will be charged for this repayment.
We may refuse repayment until we have received the goods or until you have provided evi-dence that you have sent back the goods, whichever is earlier; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned goods back or you have supplied evidence that you have returned the goods, whichever is the earlier.

You have to return or pass all goods promptly and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract, to us:

Merz b. Schwanen
Peter Plotnicki
Rosenthaler Str. 34/35
10178 Berlin
Germany

Mail: shop@merzbschwanen.com

The deadline is met if you send the goods before the deadline of a fortnight. You bear the direct cost of returning the goods.

You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

End of revocation

(2) reproduction of the statutory pattern cancellation form

Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
At:

Merz b. Schwanen
Peter Plotnicki
Rosenthaler Str. 34/35
10178 Berlin
Germany

Mail: shop@merzbschwanen.com

Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)

Ordered on (*) / received on (*)

Name / consumer (s)

Address of / consumer (s)

Signature / consumer (s) (only for message on paper)

date

(*) Delete where inapplicable.

(3) During the current period of withdrawal has to treat the goods with care. Damage and contamination of the product should be avoided. Goods in the case of the exercise of the right of withdrawal in the original packaging to avoid any possible damage during transport, with the labels and any accessories and all packaging components to Merz b. Schwanen returned. The customer will be asked to enter the goods in the event of return of goods not unfree but as prepaid package Merz b. Schwanen returned.

§5 commodity prices, shipping and payment methods accepted

(1) For via the online shop ordered goods prices of the day of the order shall apply. The prices are explicitly specified as part of the ordering process. Also the customer will be informed on the amount of shipping costs as well as the chosen method of payment resulting costs as part of the ordering process.

(2) Merz b. Schwanen accepts payment via “PayPal” and credit card in cooperation with the Stripe Payments Europe, Ltd. (“Stripe”). Merz b. Schwanen reserves exclude single payment methods.

§ 6 Maturity and Order Processing

(1) From Merz b. Schwanen to the customer invoiced and receivables subjects are as otherwise stated in these Terms and Conditions due upon conclusion of the contract and are payable without deduction.

(2) If you pay by “PayPal” the “Additional terms of use” of PayPal (Europe) S.à.rl & Cie SCA, 22-24 Boulevard Royal, L-2449, Luxembourg apply. The current terms of use, which users of PayPal must agree in relation to PayPal (Europe) S.à.rl & Cie, S.C.A., please visit www.paypal.com. Shipping after payment confirmation from PayPal.

(3) Should the customer fall into arrears, Merz b. Schwanen reserves right to charge re-minder fees. In case of delayed payment the customer undertakes to reimburse all costs, the Merz b. Schwanen arising from the pursuit of its claims. These include, without preju-dice to any legal process reimbursement obligation, all extrajudicial costs of commissioning a collection agency or attorney.

§ 7 Offsetting and retention

(1) In order to offsetting claims the customer is only justified if the counterclaim with which he wants to set off, counter-performance claims from the same contract of sale concern-ing, declaratory judgment, Merz b. Schwanen recognized or are undisputed.

(2) Rights of retention, the customer can only assert, if the counterclaim is based on the same purchase contract.

§8 Retention of title

Ordered goods remain property of Merz b. Schwanen until full payment.

§ 9 Delivery

(1) Information regarding delivery periods are as expected delivery times. If the item is sent as a package, the delivery time is about 5 business days after payment, unless stated in the online shop differently. Delivery within Germany is carried out by our logistics provider, the DHL Vertriebs GmbH & Co. OHG.

(2) Ordered goods either Merz b. Schwanen or subcontracting of third parties to the delivery address specified by the customer.

(3) About non-stock goods and resultant delivery delays Merz b. Schwanen will inform the customer immediately by e-mail. In those cases Merz b. Schwanen, as far as reasonable for the customer, entitled to partial deliveries. Any resulting additional shipping costs shall be borne by Merz b. Schwanen. Statutory rights of the customer remain unaffected. No contract is concluded for non-available goods.

(4) Ascertaining while processing your order that ordered products are not available, the customer will be informed separately by e-mail. A contract for unavailable goods does not come about. If ordered goods can’t be delivered because the upstream supplier has not fulfilled its contractual obligations, or the ordered goods are not available for a period of at least one month due to force majeure, Merz b. Schwanen can withdraw from the purchase contract. Merz b. Schwanen will inform the customer in the case of corresponding delivery problems immediately. In case of cancellation by Merz b. Schwanen the customer refund payments will be made immediately. Further legal claims of the customer remain unaffec-ted.

§10 Warranty, guarantees and customer service

(1) The statutory warranty regulations apply. If the delivered goods are defective, the cus-tomer has the statutory warranty rights, under which he is initially limited to the right to subsequent fulfillment, under which he can choose between a defect-free removal of the defect or delivery. But the chosen type of fulfillment can be refused by Merz b. Schwanen if it is connected with disproportionate costs for him. Should the chosen type of remedy fail or is unacceptable to him, the customer is entitled to reduce the purchase price, withdraw with a not insignificant lack from the contract and / or claim damages.

(2) Commercial or technically unavoidable, material deviations in quality, color, size, the cut or the design of the product are irrelevant. Warranty rights do not exist for such defects. However, it remains the customer is free to prove that the aforementioned deviations for him are considerable. Warranty rights are excluded if you change the goods and thus the shortage is caused.

(3) If the customer or a third party contracted by trying to eliminate the defect itself, thereby however, increased or caused more defects, the liability for defects are excluded.

(4) Eventual additionally granted guarantees of Merz b. Schwanen make the statutory war-ranty claims of the customer remain unaffected.

(5) The Customer of Merz b. Schwanen can be reached at the following contact details:

Merz b. Schwanen
Peter Plotnicki
Rosenthaler Str. 34/35
10178 Berlin
Germany

Mail: shop@merzbschwanen.com

§11 Copyright and Industrial Property Rights

(1) The contents of the website under www.merzbschwanen.com, in particular texts, gra-phics, photographs, images, moving images, sound recordings and software (hereinafter “Content”), is (intellectual) property of Merz b. Schwanen, its licensors or content providers, unless there are copyright of third parties. Reproductions, adaptations, translations and other processing of the content, including the use of the contents, especially on platforms such as www.ebay.com under are not permitted.

(2) The listed trademarks and brand names are the (intellectual) property of their respective owners.

§12 Liability

(1) Merz b. Schwanen shall be liable under the statutory provisions, insofar as liability is not excluded according to the following provisions.

(2) Merz b. Schwanen excludes liability for negligent breach of duty, unless damages are affected from injury to life, limb or health or guarantees or claims under the Product Liabi-lity Act. This shall not affect the liability for the breach of duties the fulfillment of which makes the proper execution of the contract and on whose compliance the customer may trust regularly.

(3) The provisions of this § 13 shall also apply to breaches of duty by agents of Merz b. Schwanen.

§13 Privacy

(1) All of the customers personal data provided Merz b. Schwanen will only collect, process and store in accordance with the provisions of German data protection law.

(2) Merz b. Schwanen uses the data provided by the customer to fulfill and process your order. Merz b. Schwanen will transfer the customer data only to the shipping company, to the extent in keeping necessary to deliver the goods. For settlement of payments Merz b. Schwanen will transfer the payment data of the customer, if necessary, to the bank or payment service provider of Merz b. Schwanen. With completion of the contract and full payment the customer’s data will be blocked for further use and after tax and commercial law retention obligations completely erased.

(3) Merz b. Schwanen is on www.merzbschwanen.com under Privacy Policy supplemental privacy information ready.

§14 Final Provisions

(1) German law applies, excluding the CISG. If the customer is a consumer resident in the European Union, can possibly also the law of the country in which those domiciled, should apply when it comes to mandatory consumer protection law.

(2) If any provision of these terms and conditions be or become legally invalid, this leaves the validity of the remaining provisions.