General Terms and Conditions
1. SCOPE OF APPLICATION
These General Terms and Conditions (GTC) are applicable to all orders placed via the web shop at www.ceu.merchgound.de. The contractual partner for all orders is FOXGROUND GbR (hereinafter MERCHGROUND). The latest version of the GTCs at the time of the order applies.
2. CONCLUSION OF THE CONTRACT
2.1 Order process
In the webshop, you can add items to your shopping cart without any obligation. You can view the shopping cart at any time and remove individual items. The order process begins after you click on “Checkout”. You can order as a guest or create a customer account.
If you order as a guest, we ask that you enter the data necessary for the order processing. Alternatively, you can place a guest order via PayPal.
Alternatively, you can create a customer account or log in to your account as a registered customer. Afterwards you have to choose a payment method. On the “Confirm” page you will see your entries again. You can correct your entries or cancel the order process at any time by leaving our shop or closing the browser. Only after you have sent your order, have you placed a binding order. After receipt of your order, a confirmation of receipt will be sent to you by e-mail.
2.2 Conclusion of the contract
You can find out the validity period of our special offers, which may also be limited in terms of quantity, at the point where they are displayed in the shop.
We do not give any delivery guarantee. The following applies: Only while stocks last. This applies especially to special offers.
The display of articles in the web shop is therefore not a binding contract offer from our side, but only an invitation to place orders. A contract is only concluded when we expressly accept your order or carry out the delivery, and only to the extent of the order.
3. PRICES, SHIPPING COSTS & PAYMENT
In our webshop the prices stated are in Euro – if indicated also including VAT. (19%) – are calculated.
You can pay in advance, by credit card or PayPal.
3.1. Postage, packaging and fees
Our shipping costs are composed of postage, packaging costs and given fees.
3.2. Payment methods
Cash in advance:
After your order you will receive an e-mail from us with a request for payment. Then transfer the amount to be paid to the account indicated and include all important data we send you in the transfer form. Your order will be processed and shipped after receipt of payment.
PayPal:
PayPal is a simple and secure way to pay with us. Moreover, the payment arrives very quickly, so that the order can be processed immediately. To use this payment service, a free registration with PayPal is required.
Credit card (Visa/Mastercard):
The charge will be made after the goods or tickets have been shipped / the service has become available, or in the case of a subscription, in accordance with the communicated timeframes.
4. PRODUCT PRESENTATIONS AND DESCRIPTIONS
Despite the greatest care in the creation of article descriptions and product presentations, we unfortunately cannot guarantee that these descriptions and images are correct, complete and without error. Particularly with regard to the colour accuracy of product displays, there may be technically caused differences between the screen display and the actual product.
The information about events contained on MERCHGROUND.de is provided by the respective event organizers without the possibility of checking this information. MERCHGROUND can therefore not guarantee the correctness of the information provided. Current event data can be taken from the official internet offers of the organizer or artist, or other generally accessible sources.
5. RIGHT OF REVOCATION
As far as MERCHGROUND offers services from the field of events on behalf of an organizer, especially tickets for events, there is no distance selling contract according to § 312g para. 2 No. 9 BGB. A right of withdrawal is excluded for orders of such services. Each order of tickets placed obliges the customer to accept and pay for the tickets ordered. There is also no right of revocation for contracts for the delivery of audio or video recordings in a sealed package if the seal was removed after delivery (§ 312g para. 2 no. 6 BGB).
In all other respects you are entitled to revoke your declaration of intent to conclude the contract within 14 days of receipt of the goods. After revocation you are no longer bound to the contract. The revocation can be declared in writing or by returning the goods. The timely dispatch of the goods is sufficient to meet the deadline.
After exercising the revocation you are obliged to return the goods at your own expense. The processing time for credit refunds is up to 20 working days.
We reserve the right to determine the shipping route in the event of a return.
The right of withdrawal does not apply to used goods. This applies in particular to worn or washed textiles and unsealed sound carriers.
6. LIABILITY / WARRANTY RIGHTS
In case of injury to life, body or health, which is based on an intentional or grossly negligent breach of duty by MERCHGROUND or an intentional or negligent breach of duty by one of its legal representatives or vicarious agents, MERCHGROUND is liable according to the statutory provisions.
For other damages the following applies:
I.) For damages, which are based on the breach of essential contractual obligations due to simple negligence of MERCHGROUND, its legal representatives or vicarious agents, the liability of MERCHGROUND is limited to the foreseeable damage typical for the contract up to a maximum of the value of the delivery item.
II.) Claims for damages against MERCHGROUND for other damages resulting from the breach of secondary obligations or non-essential obligations are excluded in case of simple negligence.
The above exclusions or limitations of liability do not apply if FOXGROUND GbR has fraudulently concealed a defect or has assumed a written guarantee for a specific quality. The provisions of the Product Liability Act remain unaffected.
7. DATA PROTECTION
By sending your order you confirm the correctness of your personal data entered during the purchase process. In case of wrong information we reserve the right to pass on additional costs (e.g. additional shipping costs) to you. In the case of deliberately false information, we expressly reserve the right to take legal action against the originator of such an order.
We store your personal data for a fast and error-free EDP processing and payment handling by our contractual partners. This personal data includes the entries you have made, your order and the IP address of your computer. A transfer to third parties for purposes other than those mentioned above will only take place with your consent and only for the purpose for which you have agreed to the transfer of data. You can revoke this consent at any time.
8. APPLICABLE LAW
All differences of opinion and legal disputes arising in connection with the business relationship shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the event that you do not have a domicile or usual place of residence in Germany when the action is filed, or this is not known to us and/or you are a merchant in the sense of the German Commercial Code (HGB), Braunschweig is agreed as the place of jurisdiction.
If individual provisions of these General Terms and Conditions of Delivery and Sale and/or the contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected thereby and the contract and these General Terms and Conditions of Delivery and Sale shall otherwise remain valid for both parties.
Please contact us if you have any further questions:
info@merchground.de