General terms and conditions
1. Scope of application1.1. These General Terms and Conditions (hereinafter "GTC") of mercavus GmbH (hereinafter "Seller" or "mercavus") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.1.3. The goods offered on the mercavus.com website are intended exclusively for businesses people.
2. Conclusion of contract2.1. The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer. The automatic order confirmation displayed to the customer or sent by e-mail, in which the customer's order is listed again (order confirmation), serves only for transparency and documentation of the receipt of the order by mercavus and does not constitute acceptance of the application. Any transmission of account data by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance on the part of mercavus. A sales contract is only concluded when the ordered product has been dispatched to the customer by mercavus or a manufacturer selling via our platform and the dispatch to the customer has been confirmed by mercavus with a second e-mail (dispatch confirmation). 2.2. The customer can select products from the mercavus product range and collect them in his virtual shopping basket via the "Add to shopping basket" button. Then he confirms his intention to purchase the collected goods by clicking on the "Checkout" button. After checking the details in the shopping basket, the customer can click on the "Checkout" button to check the order, delivery and payment details again and correct them if necessary. This requires prior registration on the mercavus website. If the customer has not yet entered any login data, the option of new registration and subsequent login exists. The customer submits a binding request to purchase the products in the shopping basket by clicking on the "Buy now" button which can then be selected. Before submitting such a binding order, the customer can change and view the data at any time and in any place, in individual cases also by pressing the "Back" button contained in the Internet browser used by him. In addition, before sending the binding order, there is the constant possibility of cancelling the order by closing the browser.2.3. If no copies of the product selected by the customer are available at the time of the customer's order, mercavus will inform the customer of this in the order confirmation. If the product is permanently no longer available, we will refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. If a product ordered by the customer is only temporarily unavailable, mercavus will also inform the customer of this in the order confirmation. Should the delivery be delayed for more than four weeks due to the lack of availability on the basis of the delivery time estimated when the order was placed, the customer has the right to withdraw from the contract. In this case, mercavus shall also be entitled to withdraw from the contract. In this case, mercavus will immediately reimburse any payments already made by the customer.2.4. The contract text is not stored by mercavus. However, customers have the option of saving the GTC with the help of the storage function of their Internet browser. In addition, a link in the sent order confirmation, which includes all necessary order data, offers you the possibility of calling up and downloading the GTC.2.5. Before binding submission of the order via the online order form of the seller, the customer can correct his entries continuously via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.2.6. Only the English language is available for the conclusion of the contract.2.7. The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of revocation3.1. In principle, consumers are entitled to a right of withdrawal. However, the goods offered on the mercavus.com website are intended exclusively for business people.
5. Delivery and dispatch conditions5.1. Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises any right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance.5.3. Self-collection is not possible for logistical reasons.
6. Retention of title6.1. The goods remain property of the seller until all outstanding claims have been paid in full.The customer is authorised to resell the goods revocably; claims for payment of the purchase price arising from the resale are hereby assigned to the seller. If there is a current account relationship between the seller and the customer in accordance with § 355 HGB (German Commercial Code), the assignment in advance also refers to the recognized balance. Any processing or transformation of the object of sale by the customer shall always be carried out for the seller. If the purchased item is processed or combined with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. If the purchased item is mixed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed item at the time of mixing. If the customer's item is to be regarded as the main item, the customer shall transfer proportionate co-ownership to the seller.A withdrawal from the contract is not necessary to assert the retention of title, unless the customer is a consumer.
7. Liability for defects (warranty)7.1. If the purchased item is defective, the provisions of statutory liability for defects shall apply.7.2. Notwithstanding the foregoing, the limitation period for warranty claims for used goods shall be one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply.7.3. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8. Redemption of promotion vouchers8.1. Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.8.2. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.8.3. Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.8.4. Only one promotion voucher can be redeemed per order.8.5. The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.8.6. If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.8.7. The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.8.8. The Promotion Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotion Voucher within the scope of his statutory right of withdrawal or within the scope of any additional right of return granted by the Seller.8.9. The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, the legal incapacity or the lack of power of representation of the respective owner.8.10. In the case of a partial return of goods, the voucher expires proportionally to the value of the goods. This regulation applies exclusively to promotional vouchers. Gift vouchers are excluded from this.
9. Cession9.1. The seller is entitled to assign his claims from the business relationship. In the case of payment by invoice, the claims are assigned to BFS finance GmbH, Verl. In this case, payments can only be made to BFS finance GmbH with debt discharging effect. The bank details can be found in the reference on the invoice.
10. Applicable law10.1. All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11. Additional General Terms and Conditions for Vouchers and Gift Cards11.1. Vouchers and gift cards from mercavus can only be redeemed on www.mercavus.com. To redeem vouchers and gift cards, you must have an email address and accept the terms and conditions. The mercavus data protection regulations apply in their current version at the time of redemption. mercavus vouchers and gift cards are not intended for resale and cannot be redeemed for cash. A return against cash payment is excluded. The risk of accidental loss of value vouchers and gift cards passes to the purchaser upon handover. Ownership is also transferred to the buyer upon handover. The right to redeem mercavus vouchers or gift cards expires if they have not been redeemed within three years of purchase. mercavus is not liable for damage or loss caused by accidental loss, theft or unlawful use of the vouchers or gift cards. To redeem the vouchers and gift cards, Internet access (possibly subject to a fee) is required.
12. Place of jurisdiction12.1. If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
13. Customer Service13.1. The mercavus customer service is at your disposal for questions, complaints, and objections under firstname.lastname@example.org Please understand that the constant availability of customer service on weekends can only be guaranteed to the best of our ability and cannot be guaranteed.