General terms and conditions

1. Scope of application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with MERKUR Stahlwaren GmbH & Co. KG.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You may 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 tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

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

We do not store the text of the contract.

4. Delivery conditions

In addition to the stated product prices may still be shipping costs. You will find more detailed provisions on any shipping costs incurred in the offers.

In principle, you have the option of collection from MERKUR Stahlwaren GmbH & Co. KG, Nordstr. 10, 42719 Solingen, Germany during the following business hours: Mon – Thurs 7:00 – 15:15, Fri 7:00 – 12:15.

5. Payment

In our store you can basically use the following payment methods:

Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Plus
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 Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

6. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Warranty and guarantees

7.1 Liability for defects

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following limitations and reductions of time periods shall not apply to claims based on damage 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 fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
  • within the scope of a warranty promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

Restrictions against entrepreneursWith respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations vis-à-vis merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

7.2 Warranties and after-sales service

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

8. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • within the scope of a warranty promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

9. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Schließen
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