Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Merino-Online UG (haftungsbeschränkt)) via the website www.merino-store.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." Using the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there at any time. After accessing the "checkout" page and entering your personal data, payment, and shipping conditions, all order data is displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be redirected to the order overview page in our online shop or to the website of the instant payment provider. After completing your selection or entering your data on the website of the instant payment system, you will be redirected back to our online shop to the order overview page. Before submitting the order, you can review, change (also via the "back" function of your browser), or cancel the purchase. By submitting the order using the "buy" button, you declare the legally binding acceptance of the offer, resulting in the conclusion of the contract.

(4) Your inquiries to create an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. Therefore, you must ensure that the email address you provided is correct, and that you are able to receive emails and they are not blocked by spam filters.

§ 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 4 Warranty

(1) Statutory defect liability rights apply.

(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).

(2) The place of performance for all services from our existing business relationships and jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the action is brought. The authority to also appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

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II. Customer Information

1. Identity of the Seller

Merino-Online UG (haftungsbeschränkt)
Baldestraße 50
85560 Ebersberg
Germany
Phone: 0151-55593762
Email: info@merino-store.com

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.

1. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).

1. Contract Language, Contract Text Storage

3.1 The contract language is German.

3.2 We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After the order has been received by us, the order data, the legally required information for distance contracts, and the general terms and conditions will be sent to you by email.

3.3 For inquiries outside of the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, which you can print or save electronically.

1. Codes of Conduct

4.1 We have submitted to the Trusted Shops GmbH Code of Conduct, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

1. Main Features of Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

1. Prices and Payment Methods

6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2 The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be paid by you unless free shipping is promised.

6.3 If delivery is made to countries outside the European Union, additional costs not borne by us, such as duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), may apply, and are to be borne by you. Any costs incurred for the money transfer are also to be borne by you in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.4 The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.

6.5 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

1. Delivery Conditions

7.1 The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2 If you are a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

1. Statutory Defect Liability

Defect liability is based on the regulation "Warranty" in our General Terms and Conditions (Part I).

These terms and conditions and customer information have been created by the IT law specialists of the Händlerbund and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last update: 07.12.2017