Terms and Conditions

 

General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop. Our online shop is exclusively for consumers.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Merlemagic.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can first place our products in the shopping cart 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 when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, storage of contract text

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Subject matter of the contract

4.1 Product description

The validity of the respective product description as an essential part of the contract is noted.

4.2 Product images

Without prejudice to the statutory warranty rights, we would like to draw your attention to the following special features. In case of uncertainties, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.  

5. Delivery conditions

5.1 Delivery area

We deliver within Germany.

5.2 Delivery options

We ship the products to the delivery address specified in the order process.

We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

We do not deliver to packing stations.

6. Payment

6.1 Prices

The prices stated at the time of order apply. These are total prices. We do not charge VAT.

6.2 Payment methods

The following payment methods are generally available in our shop.

Credit card
During the ordering process, you enter your credit card details. Your card will be debited immediately after placing the order.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after placing the order.

Amazon Pay may offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Amazon Pay. Further information on this can be found in your Amazon Pay account.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found in the order process.

giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. we offer the payment method giropay. To pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information can be found in the order process.

Giropay may offer registered giropay customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with giropay. Further information on this can be found in your giropay account.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found in the order process.

Klarna
In cooperation with the 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 stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information on this can be found in your Klarna account.

Klarna Credit Card
During the ordering process, you enter your credit card details. Your card will be debited by Klarna immediately after placing the order. An address and credit check does not take place.

Klarna Direct Debit
You issue a SEPA direct debit mandate to Klarna. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.

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 amount is 6.95 Euro.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment methods in the customer account (e.g. interest-free installment plans). However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information on this can be found in your Klarna account.

PayPal, PayPal Express
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, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information can be found in the order process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. Further information can be found with the respective payment option and in the ordering process.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information can be found in the order process.

7. Retention of title

The product remains our property until full payment has been made.

8. Transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer immediately and contact us without delay. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

9. Data backup

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from data loss if you could have avoided the data loss by regular and complete data backup.

The foregoing limitation does not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

10. Warranty and guarantees

10.1 Liability for defects

The statutory liability for defects applies.

10.2 Guarantees and customer service

Information on any applicable additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.

11. Liability

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

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
Otherwise, claims for damages are excluded.

12. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.