AGB
General Terms and Conditions of JP Moin Marketing GmbH
1 Applicability to consumers; Definition of Terms
(1) The following general terms and conditions apply to all deliveries between the shop operator and a consumer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity (§ 13 BGB).
(3) These GTC do not apply to entrepreneurs within the meaning of the German Civil Code.
2 Conclusion of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders via the internet shop merkurstreetwear.com
(2) If the contract is concluded, the contract comes with
JP Moin Marketing GmbH, Am Hohentorshafen 17, 28197 Bremen Register number HRB 35166 HB
state.
(3) The presentation of the goods in our online shop does not represent a legally binding contract offer on our part,
but is only a non-binding invitation to consumers to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following regulations apply:
The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order is made in the following steps:
1) Select the desired goods
2) Confirm by clicking on the "Order" button
3) Check the information in the shopping cart
4) Click on the "Checkout" button
5) Login to the online shop after registering and entering the applicant details (e-mail address and password).
6) Rechecking or correcting the data entered.
7) Binding dispatch of the order by clicking on the button "order with costs" or "buy". Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded by pressing the "Back" button in the Internet browser he is using after checking his details and correct input errors or cancel the ordering process by closing the internet browser.
The shop operator confirms receipt of the order directly with an automatically generated email ("order confirmation"). With this, the shop operator accepts the consumer's offer.
8) Storage of the contract text for orders via our online shop: The shop operator sends the consumer the order data and our terms and conditions by email. The terms and conditions can be viewed at any time in the online shop at merkurstreetwear.com.
For security reasons, the order details are no longer accessible via the Internet.
3 prices, shipping costs, payment, due date
(1) The prices given are retail prices. They include the applicable statutory sales tax plus shipping costs, which are shown separately.
(2) The price shown at the time of your order applies.
(3) The consumer has the option of paying by PayPal, credit card, Klarna.
(4) When paying via PayPal, the debit is usually made on the same day and is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, registered in the RC.S. Luxembourg under number B 118 349. When paying via PayPal, the consumer authorizes the shop operator to include the payments to be made when they are due from a PayPal account to be named by the consumer. Consumers must confirm the automatic collection by JP Moin Marketing GmbH in order to be able to use this service. With the confirmation, the company JP Moin Marketing GmbH is entitled to debit amounts of different amounts from the stored PayPal account. We would like to point out that according to PayPal's terms of use, costs may arise. The costs incurred are displayed when selecting the payment methods.
4 Delivery
(1) Unless clearly stated otherwise in the product description, all items offered are ready for immediate dispatch.
(2) Delivery will be made within 5 working days at the latest. The deadline for delivery begins in the case of payment in advance on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(3) In the case of mail-order sales, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over to the buyer.
5 retention of title
The shop operator retains ownership of the goods until the purchase price has been paid in full.
6 Customer's right of withdrawal as a consumer
Right of withdrawal for consumers
Consumers have a right of withdrawal according to the following proviso:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (JP Moin Marketing GmbH, Am Hohentorshafen 17, 28197 Bremen, Germany, merkur@jpmoin.de, phone: 042124195885) a clear statement (e.g. a with letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To comply with the cancellation period, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments that we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract . For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you return the goods before the deadline within fourteen days. You bear the direct costs of returning the goods, which can normally be returned by post. We bear the costs of returning the goods which, due to their nature, cannot be returned normally by post. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
7 cancellation form
|
Sample cancellation form (If you want to revoke the contract, please fill out this form and send it back.) - To JP Moin Marketing GmbH, Am Hohentorshafen 17, 28197 Bremen, Germany, merkur@jpmoin.de - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if notification is on paper) - Date |
Special notes
If you finance this contract with a loan and later revoke it, you are no longer bound to the loan contract, provided that both contracts form an economic unit . This is to be assumed in particular if we are your lender at the same time or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation takes effect, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or the return. The latter does not apply if the subject of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual commitment as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation.
8 Privacy Policy
(1) The shop operator collects, processes and uses personal data insofar as this is necessary for the establishment, implementation or termination of this contract. Any further collection, processing and use of personal data will only take place if this is permitted by law or if the consumer has consented. Consumers have the right to revoke their consent at any time with effect for the future.
(2) The data is passed on to the extent necessary to the transport company, credit company or others to provide the service or contract processing, insofar as this is necessary for the delivery of the goods or payment processing.
(3) Consumers have the right to information, correction, deletion or blocking of their stored data at any time. Contact details are noted in the imprint.
9 Warranty
The statutory warranty regulations apply.
10 trademark and other property rights
The trademarks, logos, texts and other illustrations shown on the goods represent name, trademark or other industrial property rights and remain the property or ownership of adp Merkur GmbH.
The brands, logos, texts and other images may not be edited or modified in any way by additions or supplements by the consumer even after the purchase of the goods. In particular, it is not permitted to distort brands, logos, texts and other images in such a way that adp Merkur GmbH suffers disadvantages as a result. Brands, logos, texts and other images in connection with crime, addiction, pornography, radicalism in any form, denunciations of others in any form or any other form that is harmful, reprehensible, discriminatory or immoral, in particular for adp Merkur GmbH, are not permitted bring.
adp Merkur GmbH reserves the right to impose an appropriate penalty in the event of a violation. The violator is free to have the appropriateness of the penalty reviewed by a court to be appealed to. Further claims remain unaffected.
11 Applicable Law; Contract language
(1) German law applies exclusively to all disputes arising in connection with the initiation, execution or processing of the contractual relationship.
(2) German is the only contract language available.
12 Severability clause
(1) Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the remaining provisions shall remain effective.
(2) Instead of the invalid provision, the legal requirements apply.
Status of the General Terms and Conditions November 2022
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