Contractual conditions within the framework of purchase contracts concluded via the platform


Mary Chainz, Carl Zeiss Straße 4, 75217 Birkenfeld. Telephone: +49 (0)176 / 84219979
represented by Michael Buck (owner), VAT identification number: DE309501120

– hereinafter referred to as “ Provider ” –


the customer specified in Section 1 of the contract

– hereinafter “ Customer ” –

getting closed.

§1 Scope, definitions

(1) The following general terms and conditions apply exclusively to the business relationship between the web shop provider (hereinafter “provider”) and the customer (hereinafter “customer”) in the version valid at the time of the order. Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§2 Conclusion of contract

(1) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation ). The contract text is stored in compliance with data protection.

(2) The contract is concluded in German.

§3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price (except for purchases on account). If no or no different delivery time is specified for the respective goods in our webshop, it is usually 1 - 3 days for shipment within Germany.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in an EU member country and can provide a delivery address in the same country.

The delivered goods remain the property of the provider until full payment has been made.

§5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. Further information about shipping costs can be found in the delivery and payment conditions.

(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer must bear the direct costs of the return.

§6 Payment methods

(1) The customer can make payment by bank transfer or PayPal.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest for the year amounting to 5 percentage points above the base interest rate.

(3) The customer's obligation to pay default interest does not preclude the provider from asserting further damages due to default.

§7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective item.

§8 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.

§9 Cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider provides information below in accordance with the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

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 goods.

In order to exercise your right of withdrawal, you must send us (Merchanhighs, Lameystr. 12, 75173 Pforzheim, represented by Michael Buck) a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract , inform. You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

(3) The provider provides information about the model cancellation form in accordance with the legal regulations as follows:

Sample cancellation form

(If you want to cancel the contract, please fill out this form

and send it back.)

— At Merchanhighs Michael Buck, Lameystr. 12, 75173 Pforzheim, email;

— I/we (*) hereby revoke the contract concluded by me/us (*).

about the purchase of the following goods (*)/the provision of the following

Service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for paper notification)

- Date

(*) Delete what is not applicable

§10 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.