Terms and Conditions - General Terms and Conditions
I. General
We, Merz b. Schwanen, sell clothing and accessories through our online shop -www.merzbschwanen.com- The provisions regulate the contractual relationships between Merz b. Schwanen Inh. Peter Plotnicki and the customers provided that they are consumers within the meaning of Section 13 of the German Civil Code (BGB).
II. Offer
The range of goods posted in our online shop www.merzbschwanen.com does not constitute a binding offer. The purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order. If the ordered goods are not available, Merz b. Schwanen intends to reject the customer's order and to inform him / her about this immediately. Payments already required will be refunded to the customer.
III. Prices and shipping costs
The times of the order apply to the prices indicated for the articles. The prices listed include the statutory sales tax, but not the shipping costs. The shipping costs can be found in the shipping costs overview.
IV. Terms of payment and delivery
1. The different payment options are made available to the customer during the ordering process. The customer is responsible for the completeness of the necessary payment information and is responsible for any additional costs incurred in the event of non-compliance.
Merz b. Schwanen accepts payments by credit card (VISA, MasterCard, and American Express) and via PayPal. Credit card payments are operated by PayOne GmbH (“PayOne”). If your choice of payment is PayPal, the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A. shall also apply.
2. The delivery or dispatch of the goods takes place only after receipt of the entire payment amount, including the respective shipping costs. The entire payment amount is due upon delivery. Otherwise, the customer comes without further explanation from Merz b. Schwanen is in default of payment 10 days after delivery. In this case, the German statutory default regulations apply.
3. Partial deliveries are permitted, provided these are reasonable for the customer.
4. The delivery takes place via a carrier. The customer is responsible for the correct and complete specification of the delivery address.
5. Customs and import duties are due as soon as the parcel reaches its country of destination. These costs are borne by the recipient of the parcel. We have no control over these charges and cannot provide any information about the value of these charges, as customs and import duties vary from country to country. Merz b. Schwanen takes no responsibility for possible customs and import duties as well as possible delays in the shipping process due to customs inspections.
6. Please check the completeness of your order. If an article is missing, please claim this within 3 days after the receipt of the goods at: https://customer-service.merzbschwanen.com/hc/en-us/requests/new
7. Returns: The refund will be processed to the original payment method. This can take up to 7-10 business days. Shipping costs will not be refunded.
V. Retention of title
Until the goods delivered have been paid for in full, Merz b. Schwanen is their owner.
VI. Guarantee
1. Obvious defects must be reported to Merz b. Schwanen in writing within 14 days of receipt of the delivery at the latest, whereby timely dispatch is sufficient to meet the deadline.
2. If the goods delivered have a material defect, the customer can initially choose between remedying the defect or delivering goods free of defects. Merz b. Schwanen can refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs. The statutory warranty regulations apply to the processing of defects.
VII. Contract languages
You have the option of concluding the purchase contract in German or English.
VIII. Choice of Law
German law applies to the legal relationships between the parties to the exclusion of the UN sales law, even if the customer is based abroad.
Gift Cards
Issuer
Merz b. Schwanen Gift Cards are issued by Merz b. Schwanen inh. Peter Plotnicki.
Usage
You may apply a Gift Card during checkout. If your purchase exceeds the available balance on the Gift Card, the remaining amount must be paid using another payment method. If the entire voucher amount is not used at the time of purchase, the remaining amount can still be redeemed with the same code. No new voucher code will be issued for this. The gift card can be redeemed online at merzbschwanen.com and in our Flagship stores.
Restrictions
Gift Cards are non-reloadable, non-resellable, non-transferable for value, and may not be used for unauthorized commercial purposes or redeemed for cash, except as required by law.
Risk of Loss
Ownership and responsibility for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the purchaser or designated recipient, or upon delivery to the carrier, as applicable. Merz b. Schwanen is not liable for any lost or stolen Gift Cards after transmission or delivery.
Currency and Validity
Gift Cards are valid exclusively in the specified currency and can only be redeemed in that currency.
Authorized Purchase
To ensure validity, Gift Cards should be purchased directly from Merz b. Schwanen. Gift Cards obtained through unauthorized sources may be void and non-redeemable.
Alternative complaint procedure via online dispute resolution for consumers (OS)
https://ec.europa.eu/consumers/odr/
Consumers who are residents of the European Union can turn to the aforementioned online dispute resolution platform to resolve disputes.