GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Contents
- Field of application
- Conclusion of agreements
- Right of withdrawal
- Prices and payment terms
- Delivery conditions
- Right of complaint
- Applicable law and venue
- Alternative dispute resolution
1) Area of application
1.1 The present terms and conditions for Mando Merz (hereinafter “seller”) apply to all agreements that a consumer or business operator (hereinafter “customer”) enters into with the seller regarding the goods that the seller offers in his online shop. The customer’s right to include his own conditions is hereby waived, unless otherwise agreed.
1.2 In these general terms and conditions, consumer means any natural person who mainly acts outside his profession. In these general terms and conditions, trader means a natural or legal person or a partnership with legal capacity who, in connection with the conclusion of a legal transaction, acts within his profession.
1.3 These general terms and conditions apply similarly to contracts for the supply of physical data carriers that function exclusively as carriers of digital content, unless otherwise agreed. According to these general terms and conditions, digital content is data that is created and made available in digital form.
2) Entering into agreements
2.1 The product descriptions that appear in the seller’s online shop do not constitute a binding offer on the part of the seller, but instead aim for the customer to make a binding offer.
2.2 The customer can submit the offer via the online order form found in the seller’s online shop. When the customer – after placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process – clicks on the button that ends the ordering process, the customer submits a legally binding contract offer for the goods and/or services contained in the shopping cart.
2.3 The seller can accept the customer’s offer within five days
- by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, the time when the order confirmation arrives at the customer is decisive, or
- by delivering the ordered item to the customer, as the time at which the item is delivered to the customer is decisive, or
- by inviting the customer to pay after the person concerned has placed the order.
If several of the above-mentioned alternatives are offered, the agreement is deemed to have been concluded at the time when the first of the respective alternatives is carried out. If the seller does not accept the customer’s offer within the aforementioned deadline, the offer is considered rejected, and the customer is thereby no longer bound by his declaration of intent.
2.4 The deadline for acceptance of the offer is calculated from the day on which the customer submits his offer, and expires at the end of the fifth day after the day on which the customer submits his offer.
2.5 When making an offer via the seller’s online order form, the wording of the agreement is saved by the seller, who, after the customer’s order, sends it to the customer in text form (e.g. e-mail, fax or letter) together with the existing general terms and conditions. However, after sending his order, the customer can no longer download the agreement text from the seller’s website.
2.6 As long as the customer has not yet placed a binding order via the seller’s online order form, that person can continuously correct the entered information by usual use of keyboard and mouse. Prior to the binding order, all entered information is also displayed in an additional window, in which the customer must confirm the correctness of the entered information and where he again has the opportunity to correct the information by usual use of keyboard and mouse.
2.7 The agreement can be concluded in Danish or German.
3) Right of withdrawal
3.1 The consumer basically has the right of cancellation.
3.2 Further information on the right of withdrawal can be found in the seller’s seller’s instructions on the right of withdrawal.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the stated prices correspond to the total prices including VAT. Any additional delivery and shipping costs are disclosed separately in the relevant product description.
4.2 The customer has various payment options, which appear in the seller’s online shop. Payment will only be debited to your account when the physical item is shipped or the virtual product is created, unless otherwise agreed or stated in your order.
4.3 When paying with one of the payment methods offered by PayPal, the payment is processed via the payment intermediary PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), using of PayPal’s terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – using the conditions for payment without a PayPal account , which can be viewed at
https://www.paypal.com/dk/webapps/mpp/ua/privacy-full?locale.x=da_DK
5) Delivery conditions
5.1 The delivery of goods takes place as a shipment to the delivery address specified by the customer, unless otherwise agreed. For an order via the seller’s online order form, the address stated in the online order form applies. This does not apply when paying with PayPal, as it is the address provided by the customer at the time of payment with PayPal that applies.
5.2 If the item is delivered by PostNord, PostNord sends an SMS to the customer informing them of where the item has been delivered.
5.3 If the transport company sends the goods back to the seller because it was not possible to deliver them to the customer, the customer bears the costs associated with the failed shipment. This does not apply if the customer exercises his right of cancellation lawfully, if the circumstance that led to the non-possibility of delivery cannot be blamed on him, or if he was temporarily prevented from receiving the delivery, unless the seller had notified him of the delivery a suitable time in advance.
5.4 In the case of goods delivered by shipment, delivery takes place “to the curb”, i.e. to the curb that is closest to the delivery address, if nothing else is stated in the seller’s information about shipping in the webshop, or if no other agreement has been made.
5.5 Self-collection is not offered
5.6 The delivery time for your order is 2-7.
6) Right of complaint
There is a 2-year warranty on products in accordance with the Danish Sales Act. The right to complain applies to all errors in software, material and manufacturing. Complaint regarding errors and defects must be notified to Mando Merz within a reasonable time after receipt of the goods. Here the max. two months as a reasonable time, unless otherwise agreed. We will refund reasonable shipping costs. The complaint is waived in the event of incorrect or unusual operation of the product. Mando Merz covers the return costs to a reasonable extent.
When returning, contact the company:
Mando Merz
GGAMES
Lower Widdum 17
72364 Obernheim
Germany
Tel: +45 80254214
Complaints will not be accepted if these have been sent cash on delivery.
7) Applicable law and jurisdiction
7.1 If the customer acts as a consumer according to section 1.2, all legal relationships for the parties are governed by the law of the country in which the customer has his habitual residence, and the application of the UN Convention on International Sales Contracts does not apply. The place of jurisdiction for all disputes in connection with this agreement is therefore exclusively the customer’s place of residence.
7.2 If the customer acts as a trader according to section 1.2, all legal relations for the parties are governed by the law of the country in which the seller has his usual place of business, and the application of the UN Convention on Contracts for International Sales does not apply. Venue for all disputes in connection with this agreement is therefore exclusively the seller’s place of business.
8) Alternative dispute resolution
8.1 The European Commission has opened up the possibility of online dispute resolution via a platform on the internet: https://ec.europa.eu/consumers/odr .
This platform provides information on online dispute resolution in connection with disputes in the field of consumption of online purchase and service contracts”.
8.2 The Seller is not obliged to, nor is it prepared to participate in, a dispute resolution procedure administered by a dispute resolution body.