General Terms and Conditions of the company Mercline e.K. (Regd Merchant)
Section 1 – Contractual creation
Insofar as we present goods in our online shop (www.monvali.de), these do not constitute a legally effective offer in respect of contractual conclusion. Only once the customer inputs his/her online order does s/he submit a binding offer to effect purchase. We accept this offer to effect purchase by way of our explicit confirmation of the order via e-mail or by delivering the goods ordered to the customer. Insofar as we confirm receipt of the order via e-mail, this does not yet involve any binding acceptance of the offer to effect purchase issued by the customer.
Section 2 – Terms of payment
Once the goods are delivered to the customer, our purchase price claim is payable immediately and without any deduction, and, for orders transacted within the Federal Republic of Germany, is payable, without deduction, in euros via PayPal, against prepayment or cash on delivery (COD).
In the case of payments remitted on a COD basis, we reserve the right to levy a COD fee, which we will specify to the customer within the order form.
In the case of orders received from abroad, we accept payments on a prepayment basis and via PayPal.
A right to effect offset shall be accorded to the customer only if that party's counterclaim presented for offsetting is established by law and is uncontested.
The customer is thus also entitled to exercise a right of retention if that party's counterclaim originates from the same contractual relationship.
Section 3 – Terms of shipment
Insofar as is reasonable for the customer, in the instance of orders of larger quantities of goods, we shall be entitled to effect partial deliveries, each of which may be invoiced to the customer separately.
As a rule, we ship goods immediately after receiving an order (online, on the telephone, via fax or via a commercial agent).
In the event of an ongoing impediment on our part to effect delivery, particularly owing to force majeure or a failure of our own suppliers to effect delivery, even though a corresponding hedging transaction has been actuated in a timely manner, and if the bottleneck in delivery is not attributable to us, we are entitled to withdraw from any contract in subsistence with the customer. The customer is to be informed of this without delay, and any disbursements received, particularly payments, are to be refunded.
The customer is to select the shipping service during the order process and bear the resultant shipping costs himself/herself. Once the goods have been ceded to this party, the risk of material loss passes to the customer.
Standard delivery within Germany is between 1 and 3 working days, and abroad (within Europe) between 3 and 7 working days. We do not assume any liability for these timelines.
Section 4 – Retention of title
The goods supplied remain proprietary to us until the purchase price has been paid in full.
Section 5 – Rights of the customer in the instance of defects
The following shall apply in addition to the statutory regulations: Any subsequent performance asserted by the customer may be realised, at our discretion, by eliminating the defect or by re-supplying non-defective goods.
Section 6 – Liability
Our liability for damage associated with intent, gross negligence, the omission of a guaranteed quality or personal injury and catered to by the Product Liability Act, is unlimited.
In the instance of minor infringement of contractual obligations, our liability is limited to damage that is contractually typical and, insofar, foreseeable.
Our liability for slightly negligent infringement of obligations that are not contractually fundamental is excluded.
The same applies to our liability for compensation of futile expenditure.
Section 7 – Statute of limitations
Claims of the customer arising from a defect in the purchased item come under the statute of limitations for a period of one year. This shall not apply insofar as longer periods are mandatorily prescribed by law. Likewise, this shall not apply to claims for compensation for damage and expenses that address compensation for physical injury or damage caused to health, or are based upon intent or gross negligence.
Section 8 – Final provisions
For all disputes arising from and in relation to this contractual relationship, the place of jurisdiction is covenanted as being our place of business.
German law shall be applicable to altercations arising from this contract, as well as to the entire execution of the order process.
Insofar as an individual provision within these contractual Terms and Conditions should be or become ineffective, it is to be replaced with the statutory regulation that most closely approximates the legal and commercial interests of the parties involved. The effectiveness of the remaining provisions is not to be affected hereby.