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Das schwarze Textlogo auf weißem Hintergrund lautet in großen Buchstaben „MERME“, darunter links in kleineren Buchstaben „BERLIN“.Das schwarze Textlogo auf weißem Hintergrund lautet in großen Buchstaben „MERME“, darunter links in kleineren Buchstaben „BERLIN“.
DE
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Terms of service

 

Stand September 2023 

 

  1. introduction

The following regulations, together with the referenced documents, constitute the General Terms and Conditions ("GTC") for all purchases made by you within the framework of the MERME webshop ("Online Shop") from the

MERME GmbH
Alt-Moabit 90
10559 Berlin

​

, Germany (“MERME GmbH” or “we”) orders placed.

 

Please read these terms and conditions carefully before placing an order with MERME GmbH. When placing an order, you will be asked to agree to these terms and conditions applying to your order.

 

Your order will be subject to the terms and conditions in effect at the time of your order. We may offer you special deals, which may be subject to separate terms and conditions.

 

  1. formation of the contract

(A) Goods available in the online shop

You can purchase the products presented there via the online shop.

 

(B) Contract declaration when placing an order

To place an order, you must add the desired products to your virtual shopping cart, follow the instructions during the ordering process, and provide the requested information (e.g., your address, any different delivery address, payment method, shipping method, information required for personalization). You must also confirm that you agree to these Terms and Conditions and have read the MERME GmbH cancellation policy. By clicking the "Place order" or "Buy" button at the end of the ordering process, you submit a legally binding offer to conclude a purchase agreement for the products in your shopping cart (your "contract declaration").

 

The MERME online shop is optimized for mobile devices with a screen resolution of 375 pixels or higher (CSS width). If your mobile device has a lower resolution, please complete the ordering process in landscape mode, as all content will only be displayed correctly in this orientation.

 

By placing goods in our online shop, we are not yet making a binding offer to conclude a purchase agreement. The contract between you and MERME GmbH is only concluded upon receipt of your contractual declaration by us and subsequent acceptance by MERME GmbH. This acceptance occurs either through shipment of the goods or by sending a shipping confirmation via email, whichever occurs first. Confirmation of receipt of your order does not constitute acceptance.

 

(C) Help with your order

Should you have any difficulties placing your order via the online shop, please contact our customer service (see section 8) who will help you place your order.

 

(D) Further regulations

These terms and conditions are available in German. The contract is concluded in German. We do not store the contract text (order details and terms of sale). However, it will be sent to you by email. You can also access our terms and conditions at any time in the online shop and print them out or save them to your computer using your internet browser.

 

 

  1. Prices and terms of payment

(A) Prices

All prices include VAT. Any applicable shipping costs will be displayed before you submit your order.

 

(B) Payment terms

We offer the following payment methods for your order: Apple Pay, Google Pay, Klarna, credit card (American Express, Mastercard, Visa, Maestro), PayPal, and Shoppay. We reserve the right not to offer certain payment methods for any given order and to refer you to other payment options.

(C) Payment methods

Merme GmbH reserves the right not to offer certain payment methods in individual cases. In principle, the following payment methods are available in accordance with the payment terms specified in section 3:

 

(AA) Payment by credit card

Payment is possible with the following credit cards: Visa and Mastercard. When paying by credit card, your card will be charged upon delivery of the goods. All credit and debit card transactions on this website are processed by Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany, Email: service@concardis.com processed, a secure online portal is responsible for carrying out and automatically processing the information regarding your payment details in a secure environment.

 

(BB) Payment via PayPal

For payment via PayPal, you will be redirected directly to PayPal.

 

(CC) Payment via instant bank transfer

For payment via instant bank transfer, you will be redirected directly to our service provider SOFORT GmbH (“SOFORT”).

 

(D) Payment default

In the event of late payment, we reserve the right to charge default interest in accordance with statutory regulations. Further legal rights remain unaffected.

 

(E) Retention of title

The delivered products remain our property until full payment has been received.

 

(F) Invoices

By placing your order, you agree that the invoice for your order will be sent electronically.

 

  1. delivery terms

Unless otherwise agreed, delivery will be made to the delivery address you provided. During the ordering process, you will be informed about the availability of individual products (e.g., on the respective product detail page). Unless otherwise stated in the online shop, the delivery time is approximately 1-3 business days within Germany. The delivery time is calculated from the date of our shipping confirmation.

 

Please note that all information regarding the availability, shipping, or delivery of a product is merely an estimate and approximate guideline. It does not constitute a binding or guaranteed shipping or delivery date, unless explicitly stated as such in the shipping options for the respective product. If, during the processing of your order, we discover that products you have ordered are unavailable, you will be informed separately by email. Your statutory rights remain unaffected.

 

We reserve the right to limit the order and delivery of certain goods to typical household quantities. You will receive a notification of the item-specific quantity limit no later than when you add a quantity of goods exceeding this limit to your shopping cart.

 

If delivery to you is not possible, for example because delivery to the delivery address you provided is not possible even though the delivery time was announced to you with reasonable notice, or because you provided an incorrect delivery address, you will bear the costs for the unsuccessful delivery.

 

Please note that delivery can only be made to natural persons in Belgium, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovakia, Slovenia, Spain and Cyprus.Shipping costs for deliveries within Germany may differ from shipping costs for deliveries abroad. The applicable shipping costs will be displayed on our website.

 

  1. Prohibition of commercial resale

(A) Private use and prohibition of commercial resale

The products are sold exclusively for private use; any commercial resale of the products is strictly prohibited. The commercial resale of your customer account is also prohibited.

 

(B) Sanctions for commercial resale

In the event of one or more violations of the provision in clause 5 (a) of these Terms and Conditions, MERME GmbH reserves the right to suspend or delete your customer account.

 

  1. Cancellation policy

Consumers generally have a right of withdrawal. You can find more information about the right of withdrawal and a sample withdrawal form here: Right of withdrawal .

 

  1. Warranty for products sold by MERME GmbH

For all defects in the purchased item that occur during the statutory warranty period, you are entitled to the statutory warranty claims. If we grant you a seller's warranty, the details are set out in the warranty conditions included with the delivered item. If a warranty promise is granted to you as part of registration with us, the warranty conditions will be provided to you during the registration process. Your statutory rights and claims remain unaffected by any warranty claims arising from a seller's warranty.

 

If the remedy for a defect is provided by way of replacement delivery, you are obligated to return the originally delivered goods within 90 days at our expense to our customer service department (see section 8 below) or to another address specified by customer service. The return of the defective goods must be carried out in accordance with statutory regulations. We may also decide to arrange for the goods to be collected from you at our expense.

 

  1. MERME GmbH Customer Service

Please direct any questions regarding our service and the products delivered to:

 

MERME GmbH
Alt-Moabit 90
10559 Berlin

Germany  

E-mail: service@merme.de

 

  1. privacy

We collect personal data from you as part of processing the agreements concluded with you. You can find our privacy policy here: Data protection .

 

  1. Limitation of liability

We are liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by MERME GmbH or one of its legal representatives or agents.

 

Furthermore, we are liable for slightly negligent breaches of essential contractual obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for breaches of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely. In this case, however, we are only liable for foreseeable damages typical of this type of contract. We are not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

 

The foregoing limitations of liability do not apply in cases of injury to life, body, or health, in the event of the assumption of a guarantee, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

 

To the extent that our liability is excluded or limited, this also applies to the personal liability of employees, legal representatives and officers as well as vicarious agents of MERME GmbH.

 

  1. Final provisions

(A) Complaints/Dispute Resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without having to go to court. The dispute resolution platform can be accessed via the external link [link missing in original text]. http://ec.europa.eu/consumers/odr/ We are available. We do not participate in dispute resolution proceedings before a consumer arbitration board. You can also contact us at service@merme.decontact.

 

(B) Applicable law, place of jurisdiction

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

 

If the customer is a merchant, 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 the customer and MERME is the registered office of MERME GmbH.