Terms and conditions

1. Scope
   1. These general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Mergel HL GmbH ( https://mergelle.com/impressum / ) (hereinafter «seller») as well as their customers (as consumers and entrepreneurs alike, which are understood as terms according to the Consumer Protection Act 1979).
   2. Deviating agreements must be made in writing. By using this website, the customer declares himself to be in agreement with these terms and conditions and confirms this again electronically before placing an order.
   3. If individual provisions of these terms and conditions should be wholly or partially ineffective due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these terms and conditions shall remain in effect unchanged Purpose comes closest to replacing.
2. Conclusion of contract
   1. The seller reserves the right to change the content of the respective range of services at any time. All offers made by the seller are subject to change and are to be understood as an invitation to the customer to submit an offer himself. By placing an order by clicking on the “order for a fee” button at the end of the ordering process, the customer submits a binding offer to conclude a purchase contract. The acceptance of the offer by the seller takes place immediately by sending the ordered goods. The automatically generated order confirmation email does not yet represent acceptance of the offer, but merely documents that the order has been received by the seller.
   2. The customer can also submit the offer to the seller by phone, fax, email or post.
   3. If, while processing the order, the seller discovers that the products ordered by the customer are not available, the customer will be informed by email. A contract for the unavailable goods is not concluded.
   4. The text of the contract is saved with orders. The customer receives an email with the order data and the applicable terms and conditions. After the conclusion of the contract, the order data can no longer be viewed online.
   5. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data .
   6. The seller only sells his goods to people who have reached the age of 18.
3. Right of withdrawal
   1. Consumers generally have a right of withdrawal.
   2. More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
   3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4. Prices and shipping costs
   1. The prices marked on the product pages are final prices including sales tax and other price components. The amount that is shown at the time of the binding order applies.
   2. If the seller has to provide additional ancillary services, the fee due for this will be shown during the ordering process in addition to the above prices.
   3. The shipping costs, except for express shipping, are borne by the seller.
   4. The express delivery option is offered for certain orders. During the ordering process, it is displayed whether the express delivery option is available for the specific order and the costs incurred for this. The goods will be delivered within 3 working days at the latest. If this delivery time is exceeded, the delivery costs will be reimbursed.
   5. For the shipping of particularly bulky or heavy goods, different shipping fees may apply, which are displayed for each product individually on the product page and during the ordering process.
   6. If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller.
   7. The direct costs of returning the goods in the event that the goods are returned by the customer in exercising his right of withdrawal ( https://mergelle.com / right of withdrawal / ) are borne by the customer. When exercising the right of withdrawal, ersthe seller reimburses the customer for the shipping costs (except for express shipping). In the case of express delivery, the customer has to pay the difference to the standard delivery himself.
   8. If export or import taxes are due in the course of shipping, these will also be borne by the customer. The prices for the deliveries and services offered do not include costs that are charged by third parties.
   9. There is no sales tax for sales to customers outside the EU, but they have to pay the respective national import duties. For sales to entrepreneurs within the EU, no Austrian sales tax is due if the UID is proven; they have to pay sales tax in their home country.
5. Payment
   1. The purchase price and the costs of all ancillary services are due for payment in advance from the legally effective order acceptance using the possible payment methods specified on the website.
   2. The seller reserves the right to exclude certain types of payment, should this be necessary after an identity and credit check of the customer data.
   3. If you choose to pay in advance, the customer transfers the outstanding amount to the seller’s account within 5 days of ordering. The bank details can be found in the order confirmation email or in the imprint. The goods will be delivered after receipt of payment.
   4. The customer agrees to receive the invoices, credits and reminders in electronic form.
   5. The customer is not entitled to offset payments against counterclaims or consideration unless this has been expressly agreed in writing with the seller.
6. Late payment
   1. If the customer is in default of payment, the seller is released from all further performance and delivery obligations or is entitled to withdraw from the contract after setting a reasonable grace period.
   2. In the event of default in payment, the statutory default interest will be charged. In the event of default in payment, the customer is obliged to reimburse the seller for all reminder and collection charges incurred for appropriate legal prosecution. The seller reserves the right to claim higher damage caused by default.
7. Right of retention
   1. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
8. Delivery
   1. The seller sends the goods in approx. 1 – 3 working days after the order date or receipt of payment if you select prepayment as the payment method. Should the seller not be able to accept an order – for example due to the unavailability of the goods – the seller will notify the customer immediately. The actual delivery time depends on the destination / country.
   2. Delivery is made to the delivery address specified by the customer, within the EU and Switzerland. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising from this.
   3. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, the seller’s obligation to perform is excluded. Amounts already paid will be refunded immediately by the seller.
   4. If it becomes impossible to comply with an agreed delivery time due to circumstances for which the seller is not responsible (e.g. delivery obstacles or delays in the area of ​​delivery services or suppliers), the seller will inform the customer of this immediately. Claims for damages are excluded in this case.
   5. The seller can also refuse to perform if this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded immediately by the seller.
   6. Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. The seller expressly points out that these goods will not be carried into the house.
9. Transfer of risk for delivery to consumers in terms of the KSchG
   1. The risk of accidental deterioration or accidental loss of the goods lies with the seller until the goods are handed over and is transferred to the consumer when the goods are handed over.
   2. However, if the consumer himself has concluded the contract of carriage without using a selection option suggested by the seller, the risk is already transferred when the goods are handed over to the carrierhe.
10. Reservation of title
    1. The delivered goods remain the property of the seller until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.
11. Warranty
    1. A product that is defective upon delivery (warranty case) will be replaced by the seller with a defect-free product or professionally repaired (supplementary performance) at the discretion of the customer at the expense of the seller. The customer’s attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular
       1. in the event of damage caused to the customer by misuse or improper use,
       2. in the event of damage caused by the customer’s products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
    2. Furthermore, the seller does not guarantee a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.
    3. Does the type of supplementary performance desired by the customer (replacement delivery or repair) require an effort that, in view of the product price, observing the content of the contract and the principles of good faith, is grossly disproportionate to the customer’s performance interests – with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the other type of supplementary performance. The right of the seller to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
    4. In the case of repairs as well as in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by the seller at the expense of the seller, stating the order number. Before submitting the item, the customer must remove any objects he has inserted from the product. The seller is not obliged to examine the product for the installation of such items. The seller is not liable for the loss of such items unless it was immediately apparent to the seller when the product was taken back that such an item had been inserted into the product (in this case the seller informs the customer and holds the item ready for the customer to pick up; the customer bears the costs incurred).
    5. If the customer sends in the goods to get an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
       1. if the defect justifying withdrawal only became apparent during processing or redesign,
       2. if the seller is responsible for the deterioration or destruction or if the damage would also have occurred to the seller,
       3. if the deterioration or destruction has occurred at the customer’s, although the customer has taken the care that he normally applies in his own affairs.
    6. The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
    7. The customer can either withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
    8. In addition, there may also be claims against the manufacturer within the scope of a guarantee granted by the manufactureraccording to the corresponding guarantee conditions.
    9. The seller’s statutory warranty ends two years from delivery of the goods. The period begins with the receipt of the goods.
    10. If the customer is an entrepreneur, he has to check the delivered goods after receipt for completeness, correctness and other defects, in particular the undamaged packaging. In the event of defects, he must report them within a reasonable period, but no later than four working days after receipt of the goods by email to info@mergelle.com . Defects recognizable later must also be reported immediately, at the latest within four working days after they have been recognized. If the entrepreneur has not found and reported any defects within the notification period, the delivery is deemed to have been approved and all claims such as warranty, avoidance of errors or compensation for damages due to a later alleged deviation or defect (Section 377 UGB) are void. This also applies to any wrong deliveries or deviations in the delivery quantity.
    11. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual warranty claims.
12. Liability
    1. The seller is only liable for damage caused by intent and gross negligence, with the exception of damage to people. The injured party has to prove the existence of slight or gross negligence, unless it is a consumer transaction.
    2. Compensation for consequential (defective) damage and pure pecuniary damage is excluded for entrepreneurs.
    3. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
13. Place of jurisdiction and applicable law
    1. The contract concluded between the customer and the seller is subject exclusively to Austrian law to the exclusion of the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
    2. The competent court at the seller’s headquarters is exclusively responsible for disputes.
    3. If the customer is a consumer within the meaning of the Consumer Protection Act, the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the customer is located
    4. Place of jurisdiction and place of performance of the contract is the seat of the seller of the Austrian Chamber of Commerce.
14. Dispute resolution
    1. Consumers have the opportunity to submit complaints to the EU’s online dispute resolution platform: https://ec.europa.eu/odr.
    2. You can also submit your complaint directly to us at the following e-mail address: info@mergelle.com .