Terms of Service

(Stand 14.06.2022)
 
General terms and conditions of sale and delivery (GTC) of Merchcode GmbH.
 
Merchcode GmbH
Dr.-Robert-Murjahn-Str. 9
64372 Ober-Ramstadt
Germany / Germany
Email: support@mjgonzales.de
Represented by Managing Director: Johannes von Roth-Bandick.
 
  1. scope

(1) The following terms and conditions of sale and delivery apply to all business relationships with our customers (hereinafter: "Customer") in the version valid at the time of the order.
(2) Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and changes) always take precedence over these terms and conditions of sale and delivery.
(3) Section II of the following terms and conditions of sale and delivery applies exclusively to transactions with consumers. For entrepreneurs, only the provisions in Section III apply. listed sales and delivery conditions for entrepreneurs.
(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
(5) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
 
  1. General sales and delivery conditions for consumers
 
  1. Offer and conclusion of contract

(1) The representations and descriptions of items on our website contain the essential characteristics of the goods.

(2) However, the representations and descriptions of items on our website do not contain any offers to conclude a sales contract. These are exclusively non-binding requests to place an order.

(3) The customer can select articles from our range and collect them in a so-called “shopping cart” using the “Add to shopping cart” button. By clicking the "Order with obligation to pay" button, the customer makes a binding offer to purchase the items in the "shopping cart" at the total price displayed. Before sending the order, the customer can view his data at any time and correct it using the delete and change function.

(4) The receipt of your order is confirmed together with the acceptance of the offer immediately after it has been sent by automated e-mail. With this e-mail confirmation, the purchase contract has come about with Merchcode GmbH.

(5) The order text is saved by us and can be printed out once the order process has been completed. If the customer has a customer account, the order text can also be called up and printed out within the customer account after the order process has been completed. The order data is also contained in the order confirmation sent by e-mail.
  1. prices and shipping costs
(1) The prices stated on our website include the applicable statutory VAT, but not shipping costs.

(2) If the delivery address is within the Federal Republic of Germany, Poland, the Netherlands or Austria, we will assume the shipping costs for orders of €100.00 or more. For orders from all other countries, we assume the shipping costs from an order value of €150.00.

(3) If the delivery address is outside the Federal Republic of Germany, the customer bears any additional costs such as customs duties, fees, taxes, etc. In the event of a cancellation, he bears those costs.

(4) Any shipping costs incurred will be displayed to the customer during the ordering process. Details and the amount of the shipping costs can be viewed at any time on this intranet page (https://mjgonzales.de/) under the item "Shipping".
 
  1. right of withdrawal

(1) The customer has a right of withdrawal in accordance with the statutory provisions.

(2) According to § 312g BGB, the right of cancellation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

(3) In the event of cancellation, we shall bear the costs of returning the goods.

(4) The conditions, deadlines and procedure for exercising the right of cancellation result from the following cancellation policy under No. 5 of these terms and conditions of sale and delivery.

(5) The customer can use the model revocation form that can be called up at any time on our website (www.mjgonzales.de) for the revocation. However, the use of this form is not mandatory.
 
 
  1. Cancellation policy / right of cancellationt

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 the case of a contract for the delivery of goods in several partial consignments or pieces, the cancellation period is one month from the day on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece or has.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
 
 
  1. Consequence of revocationn

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within one month from the day on which we received the notification of your cancellation 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 goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than one month from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of one month has expired.
We bear the costs of returning the goods.
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.
 
  1. payment

(1) The purchaser can choose to pay for the goods by bank transfer (advance payment or invoice), by PayPal or by Amazon Payments, by immediate transfer or by credit card, whereby additional costs are incurred for payment on account and by credit card, which the purchaser is responsible for carry. Details on payment methods and the amount of additional costs incurred can be viewed at any time on our website (www.mjgonzales.de).

(2) Payment by bank transfer after receipt of the goods (invoice) or by Amazon Payments is made via an external service provider to whom we assign our purchase price claim against the customer and who collects the purchase price claim independently.

(3) We reserve the right to exclude certain payment methods or to allow other payment methods in individual cases.

(4) Our invoices are due for payment in accordance with the statutory provisions. When processing legal transactions via online marketplaces and/or online auctions, the due date is primarily determined by the general terms and conditions of the respective marketplace or auction operator.

(5) The customer only has the right to offset against our claims if his counterclaims are undisputed or have been legally established.
 
  1. delivery

(1) The scope of our deliveries is determined according to our information in the order acceptance declaration. The packaging of the goods is subject to our due discretion.

(2) Partial deliveries are permitted if the delivery of the remaining ordered goods is guaranteed and the partial delivery is reasonable for the customer, in particular if there are no significant additional expenses or additional costs.

(3) The manufacturer reserves the right to make changes in shape and deviations in color during the delivery period, provided the changes or deviations do not affect the technical functions of the goods and are reasonable for the customer.
 
  1. delivery time

(1) Delivery times stated by us are only approximate and may therefore be exceeded by up to two working days (Monday to Friday). This does not apply if a fixed delivery date has been agreed.

(2) Delivery periods or delivery dates specified by us or agreed with us refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport. The delivery period or the delivery date is therefore met in any case if the delivery item has left our works by the end of the period or by the delivery date or if the customer has been informed of our readiness for dispatch when it is picked up by the customer.

(3) Delivery periods specified by us or agreed with us begin on the day of receipt of the full invoice amount, if payment in advance or PayPal has been agreed, otherwise on the conclusion of the purchase contract.

(4) If we have not specified a delivery period or a delivery date or otherwise agreed, shipment within three weeks of the relevant point in time according to paragraph (3) is deemed to have been agreed.

(5) If the ordered goods cannot be delivered because we are not supplied by our supplier through no fault of our own despite his contractual obligation, the delivery period is extended until delivery by our supplier plus a period of three working days (Monday to Friday), at most but by a period of three weeks. In this case, we will immediately inform the customer of the extension of the deadline.

(6) If the goods in the cases of paragraph (5) are not available from our supplier for the foreseeable future, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the goods ordered are no longer available and will immediately reimburse any services already rendered.

(7) In cases of force majeure (e.g. natural disasters, war, civil war, terrorist attack), the delivery period is extended by the duration of the resulting disruption in performance. If force majeure leads to a delay in performance of more than three months, both parties are entitled to withdraw from the contract; in this case, services already provided must be returned immediately. Other statutory rights of withdrawal remain unaffected.

(8) If the customer is in default of acceptance, the statutory regulations apply. In particular, the customer must reimburse us for the additional expenses that we actually incurred and that are objectively necessary. Further claims remain reserved.
 
  1. right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 
  1. retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

 
  1. warranty

The statutory warranty regulations apply.
 
 
  1. Limitation of Liability

(1) We are liable for damages according to the statutory provisions. As far as fault is important, we are only liable for simple negligence

a) for damage resulting from injury to life, limb or health;
b) for damages resulting from the breach of a material contractual obligation (material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on which the customer may regularly rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(2) The above limitation of liability applies to the same extent in favor of our organs, legal representatives, employees and vicarious agents.

(3) However, the above limitation of liability does not apply if we have fraudulently concealed a defect, assumed a procurement risk or guaranteed the quality of the goods. Claims under the Product Liability Act or other mandatory legal liability facts also remain unaffected.

 
  1. Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

(2) The contract language is German.