§ 1 Scope and provider
(1) The Terms of Service apply to all orders placed with the online store of MERSOR GmbH (brand: MERSOR).
Managing directors: Stella Maria Sorg and Lisa Kristina Meissner
(2) Our deliveries, services and offers are exclusively based on these Terms of Service. The Terms of Service shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of Terms of Service of a customer that contradict our General Terms of Service is hereby already objected to.
(3) Contractual language via www.mersor.de is exclusively German. Via www.mersor.com it is English.
§ 2 Conclusion of contract
(1) When concluding contracts on mersor.de, your contractual partner is exclusively MERSOR GmbH.
(3) The offer of the goods on mersor.de is not a binding offer of contract in the sense of § 145 BGB, but is to be understood as an invitation to submit an offer (invitatio ad offerendum). By submitting an order by clicking the "Buy" button, you are making a binding offer to enter into a contract. After submitting or sending the order, you will receive a confirmation e-mail of the technical receipt of your order to the e-mail address you have provided. This confirmation email does not constitute an acceptance of the contract. MERSOR (MERSOR GmbH) declares the acceptance of the contract by a separate e-mail as soon as the goods leave the warehouse (shipping confirmation) or the delivery deadline can be confirmed.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 4 Terms of payment and default
(1) The payment is made optionally:
- Credit card (American Express, Visa and MasterCard),
- Sofort bank transfer
(2) If you pay by credit card, the purchase price will be reserved on your credit card at the time of the order ("authorization"). The actual charge to your credit card account occurs at the time we ship the goods to you.
(3) If you are in default of payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the default has occurred, you will be charged at least a reminder fee of EUR 5, unless you can prove lower damages.
§ 5 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) We offer express shipping for certain orders. Whether this option is offered for your particular order and the costs incurred for this, you can see in the ordering process. If the specified express delivery time is exceeded, you will of course be refunded the delivery costs.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 6 Cancellation policy
This cancellation policy is part of our Terms of Service and can be found in §7:
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes that cannot be predominantly attributed to your commercial or self-employed professional activity, you are entitled to a Withdrawal with the following deviating provisions:
(1) Not personalized and
(2) Personalized products.
We would like to inform you in advance that in the event of a return, you will have to pay for the return label and the associated costs yourself. Please help us to avoid unnecessary costs and do not return the goods without a return label.
Please contact us regarding the return address via email to email@example.com as there are different warehouses.
Please use protective packaging if necessary. If you no longer have the original packaging, please provide alternative packaging to ensure adequate protection from damage in transit to avoid claims for damages due to inadequate packaging. Please write us a short email at firstname.lastname@example.org to announce the return. This will enable us to allocate the products as quickly as possible.
Please note that the above modalities are not a prerequisite for the effective exercise of the Withdrawal.
(1) Non-personalized products:
You have the right to revoke this agreement within a period of fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your Withdrawal, you must contact us (MERSOR GmbH, Anklamer Str 38, 10115 Berlin, Germany, email@example.com, +49 (0) 30 40 36 76 100) by a clear statement (e.g. letter or e-mail) of your decision to withdraw from this contract.
You can use the attached sample withdrawal form, but this is not required. To comply with the withdrawal period, it is sufficient if you send the notice of exercise of the Withdrawal before the end of the withdrawal period.
Consequences of the revocation
If you revoke this agreement, we will refund all payments received from you - excluding shipping costs (if any) - within a period of fourteen days from the day we received the returned goods. For such repayment, we will use the same means of payment as in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged such repayment fees.
We may refuse to refund you until we have returned the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately, but no later than fourteen days after the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. The return shipping costs must be paid by the customer. You are liable for any loss in value of the goods only if it is due to handling of the goods other than as necessary to verify the quality, characteristics and function of the goods.
If you wish to cancel the contract, please fill out and return this form.
First and last name:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the
following goods (*):
(*) Name of the consumer(s):
Address of the consumer(s):
Signature of consumer(s) (only in the case of paper notification) Date
(*) Delete as necessary.
End of the revocation
(2) Personalized products:
The Withdrawal does not apply to the delivery of non-prefabricated goods that are subject to individual selection or specification by the consumer or are clearly tailored to the personal needs of the consumer (e.g. leather goods with their individual characteristics) in accordance with § 312g paragraph 2 BGB. The reason for this is that we can no longer resell the personalized products. They are made especially for you by hand. We ask for your understanding.
If personalized goods were damaged or defective, the Withdrawal of the non-personalized products comes into force.
§ 7 Transport damage
(1) If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery company (e.g. DHL) and contact us as soon as possible at firstname.lastname@example.org. Before we ship the goods we make a detailed quality control. Damaged products will not be shipped by us.
(2) Failure to make a claim or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer in the sense of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own information and the product description are binding for the quality of the goods, but not public promotions and statements and other advertising by third parties.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 9 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 10 Discount and coupon codes
(1) Multiple discount and coupon codes cannot be combined for one purchase.
(2) Discount codes can not be used for already reduced merchandise. Coupon codes can be used for already reduced merchandise.
§ 11 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so (online dispute resolution pursuant to Art. 14 (1) ODR Regulation).
§ 12 Final provisions
(1) Should one or more provisions of these Terms of Service be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between you and us shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between you and us shall be the courts of the Federal Republic of Germany.