GTC
General Terms and Conditions (AGB)
Merklicher GmbH, Messerschmittring 19, 86343 Königsbrunn (hereinafter referred to as "Merklinger" or "dermerklinger.de"), offers goods (the Merklinger wood-fired oven, pizza oven and grill as well as accessories, seminars and vouchers) for sale to customers (hereinafter referred to as "customers", individually also "customer") on the website merklinger.de. The goods are only sold in normal household quantities. These GTC apply to all contracts concluded with members via dermerklinger.de and generally to all business relationships between Merklinger and its customers. Merklinger does not accept any other general terms and conditions unless expressly agreed otherwise. If a deadline is specified and the end of this deadline falls on a Saturday, a Sunday or a public holiday, the deadline ends on the next working day.
I. Common terms and conditions for orders and bookings with Merklinger
§ 1 Conclusion of contract
(1) Product presentations do not constitute a legally binding offer, but an invitation to order. By clicking on the "Buy now" button, the customer submits a binding offer to purchase the goods (including vouchers) and services (e.g. seminars) shown in the order overview.
(2) Immediately after sending the order, the customer will receive an order confirmation, which, however, does not yet constitute an acceptance of his contractual offer. A contract between the customer and Merklinger is concluded as soon as Merklinger accepts the customer's order by means of a separate order confirmation by e-mail or dispatches the goods. The customer is requested to regularly check the SPAM folder of his e-mail inbox.
(3) The commercial resale of Merklinger's goods is not permitted. Merklinger reserves the right to withdraw from the purchase contract if Merklinger becomes aware that customers are reselling Merklinger's goods commercially.
§ 2 Information on the technical steps leading to the conclusion of the contract and on the technical means for recognizing and correcting input errors
(1) The customer can select items for purchase or services for booking in Merklinger's webshop by clicking on the corresponding button and placing them in a shopping cart. If the customer wants to complete the order, he goes to the shopping cart, where he is guided through the rest of the ordering process. Here the customer has the option of completing the order process by clicking on the "Checkout" button or going directly to PayPal.
a) If the customer goes directly to PayPal, he will be redirected to the PayPal page where he must log in. He will then be guided through the order process at PayPal. The customer can select or change the data stored there (name, address, bank or credit card details) for the order. Within PayPal, the customer is once again shown an order overview. Only by clicking on the "Buy" button does the customer submit a binding offer to conclude a contract with Merklinger.
b) If the customer clicks on the "Checkout" button, they will be asked in the next step to enter the data required to complete the order or booking and to select a shipping method. The customer is also asked to select a payment method and, if necessary (depending on the payment method selected), to enter their data. If the customer selects the payment method PayPal, he/she submits a binding contract offer as described under § 2 para. 1 a). With any other payment method, the customer is redirected to an order overview page by clicking on the "Continue" button, where he can correct all his data again by clicking on "Edit".
(2) Immediately after sending the order, the customer receives an order confirmation, which, however, does not yet constitute acceptance of his contractual offer. A contract between the customer and Merklinger is concluded as soon as Merklinger accepts the order and/or booking by means of a separate e-mail or dispatches the goods. The customer is requested to regularly check the SPAM folder of his e-mail inbox.
§ 3 Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
§ 4 Customer service
If the customer wishes to have a defective product repaired or replaced, or if he has any questions about one of Merklinger's products or services, Merklinger asks that he contact Merklinger's customer service at +49 (0)8231 9883 585 (normal landline charges from the German landline network of Deutsche Telekom AG, different rates for calls from abroad or mobile networks) or at info@dermerklinger.de to turn to.
§ 5 Prices
The prices are final prices including applicable VAT and all other price components and do not include the applicable shipping costs (information on shipping costs can be found on the website). here visible). Further details can be found on the product and information pages. For deliveries to non-EU countries, additional customs duties and fees may apply.
§ 6 Data protection
Information on the processing of the customer's personal data can be viewed here: Privacy policy.
§ 7 Terms of payment
(1) Payment is made - in accordance with the specifications on the respective website called up by the customer - either by instant bank transfer, advance payment, credit card, PayPal, Klarna invoice or Klarna installment purchase (see also § 9 of these GTC for Klarna invoice). The customer can redeem vouchers independently of the available payment methods (see § 8 of these GTC for vouchers). Merklinger reserves the right to exclude individual payment methods.
(2) If advance payment is selected, Merklinger shall provide the customer with the bank details in the order confirmation. The invoice amount must be transferred to Merklinger's account within 10 days. The goods will not be dispatched until the money has been credited to Merklinger's account. The calculation of the delivery time only begins on this day.
(3) If the customer is in default of payment, interest of five percentage points above the base interest rate shall be charged on the purchase price during the period of default. Merklinger reserves the right to prove and claim higher damages caused by default.
§ 8 Merklinger vouchers
(1) Merklinger vouchers can be purchased or redeemed - according to the specifications on the respective website called up by the customer - by immediate bank transfer, advance payment, credit card, PayPal, Klarna invoice or Klarna installment purchase (see also § 9 of these GTC for Klarna invoice). Vouchers purchased in the Merklinger online store can be redeemed for the entire product range. No interest is paid on the credit balance. The customer will receive the voucher directly by e-mail or post after receipt of payment. The value of the voucher will be deducted from the purchase value of the order when it is redeemed. Vouchers or voucher credits cannot be paid out in cash or offset against outstanding debts. If the value of the purchase exceeds the credit balance of the voucher, the difference must be settled using another payment method. Vouchers cannot be redeemed on orders that have already been placed.
(2) Merklinger accepts no liability for spelling mistakes in the e-mail address of the gift voucher recipient. Merklinger also accepts no liability for events for which Merklinger is not responsible, such as loss, theft, misuse or delayed transmission (e.g. due to technical difficulties) of gift vouchers.
§ 9 Payment by Klarna invoice
(1) In cooperation with the provider Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm company and corporation number: 556737-0431 (hereinafter: Klarna), Merklinger offers the customer the purchase on account as a payment option. When paying with Klarna, the customer never has to provide his account details and only pays when he has received the goods.
(2) With the Klarna invoice payment method, delivery to a delivery address other than the billing address is not possible. Merklinger asks for your understanding in this regard.
(3) With the Klarna invoice payment method, the customer always receives the goods first and always has a payment period of 14 days. Further information and Klarna's complete terms and conditions for purchase on account are here to find.
(4) Klarna checks and evaluates the consumer's data and exchanges data with other companies and credit agencies (credit check) if there is a legitimate reason to do so. If the consumer's creditworthiness is not guaranteed, Klarna AB may refuse Klarna's payment methods to the customer and must point out alternative payment options. The customer's personal data will be treated in accordance with the applicable data protection law and will not be passed on to third parties for advertising purposes. More information about Klarna's privacy policy can be found at here.
(5) Further information about Klarna can be found at www.klarna.de can be taken.
§ 10 Delivery and shipping costs
(1) The products from the Merklinger range are shipped by DHL, GLS, UPS or a forwarding agent, depending on the destination country and selected shipping method.
(2) The customer's order will of course be processed by Merklinger immediately upon receipt. As a rule, Merklinger will deliver the order immediately after receipt of the customer's order and payment. Merklinger asks the Customer to note that in the case of advance payment, the delivery time is calculated from the day on which the full amount for the Customer's order is credited to Merklinger's account.
(3) Information on shipping costs can be found here.
§ 11 Retention of title
Title to the goods shall not pass to the customer until payment has been made in full.
§ 12 Warranty for the purchase of goods
(1) Merklinger assumes no warranty for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner
(2) Furthermore, Merklinger is also entitled to rights due to defects within the scope of a guarantee of quality and/or durability, insofar as Merklinger has expressly given such a guarantee with regard to the sold item in the individual case.
§ 13 Competition rules
Depending on the nature of the competition, further provisions may apply in addition to these general terms and conditions. The special conditions of participation of the respective competition must be observed; in the event of conflict, they shall take precedence over these general conditions. Any violation of the general or special terms and conditions of the competition, the influencing of equal opportunities through technical manipulation, the provision of false personal details or a similarly serious violation will result in exclusion from participation, possibly retrospectively. Legal recourse is excluded. All prizes have been made available to Merklinger free of charge and cannot be paid out in cash. Employees of Merklinger are excluded from participating in competitions. The same applies to employees of those companies that have provided prizes.
§ 14 Offsetting/retention
(1) The customer shall only be entitled to set-off if its counterclaims have been legally established by a court or are undisputed or have been recognized in writing by Merklinger. However, the customer remains entitled to offset against Merklinger's claims even without the above restriction if it asserts notices of defects or counterclaims arising from the same contract.
(2) The customer may only exercise a right of retention insofar as his claims are based on the same contractual relationship.
§ 15 Limitation of Merklinger's liability
Merklinger shall be liable, irrespective of the legal grounds, exclusively in accordance with the following provisions.
(1) Merklinger shall only be liable for intent and gross negligence. Merklinger shall only be liable for simple negligence in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligation). Merklinger shall only be liable for foreseeable damages, the occurrence of which must typically be expected. This also applies to lost profits and lost savings. Liability for other remote consequential damages is excluded.
(2) The limitation of Merklinger's liability shall not apply in the event of injury to life, limb and/or health and in the event of liability under the Product Liability Act.
(3) Merklinger shall not be liable for events of force majeure which make the contractual services impossible or which significantly impede or temporarily hinder the proper performance of the contract. Force majeure includes all circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargo, confiscation, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance shall only be considered force majeure if it occurred after the conclusion of the contract.
(4) Insofar as Merklinger's liability is excluded or limited, this shall also apply to the liability of Merklinger's employees, other staff, representatives and vicarious agents.
(5) Merklinger shall endeavor to ensure that its services are available at all times. Events of force majeure, lawful lockouts or unforeseeable operational disruptions do not release Merklinger from its obligations. In such cases, however, execution or dispatch may be delayed. Merklinger is not liable for damages resulting from delayed delivery in such cases.
§ Section 16 Applicable law
The contracts concluded between Merklinger and the customer on the basis of these GTC are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
II Special provisions for consumers
The following supplementary provisions apply only to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Re § 10 Delivery and shipping costs
In the case of deliveries free of shipping costs, subsequent shipping costs will be charged if the final value of the order is below the free shipping limit due to returns as a result of the customer exercising their right of withdrawal.
Re § 12 Warranty for the purchase of goods
The warranty is provided in accordance with the statutory provisions. For all defects occurring during the statutory warranty period of two years from delivery of the goods, the customer has the statutory right to subsequent performance and - if the statutory requirements are met - the statutory rights to a reduction in price or withdrawal, as well as to compensation. Claims for defects that Merklinger has fraudulently concealed shall become time-barred within the regular limitation period.
§ 17 Interest in the event of late payment
If the customer is in default of payment, interest of five percentage points above the base interest rate shall be charged on the purchase price during the period of default. Merklinger reserves the right to prove and claim higher damages caused by default.
§ Section 18 Cancellation policy and right of withdrawal for the purchase of goods
The customer has the right to withdraw from the concluded contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, the customer must contact Merklinger at:
Der Merklinger GmbH
Messerschmittring 19
86343 Königsbrunn
Germany
Phone: +49 (0)8231 9883 584
E-Mail: info@dermerklinger.de
by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from the contract. The customer may use the attached sample withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
The customer must return or hand over the goods to our address immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract:
Der Merklinger GmbH
Messerschmittring 19
86343 Königsbrunn
Germany
The deadline is met if the customer dispatches the goods before the expiry of the fourteen-day period. It is possible to have the goods collected by us or to have them collected by a person authorized to receive the goods. In this case, the customer shall bear the direct costs of returning the goods. The costs depend on the goods, for a Merklinger 800, for example, the costs are estimated at around EUR 180. Merklinger undertakes to repay all payments received by Merklinger from the customer without delay. For this repayment, Merklinger will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. Merklinger may refuse repayment until Merklinger has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
Important notes
There is no right of withdrawal for contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
For the redemption of discount vouchers, if the respective minimum purchase value, which is a prerequisite for the granting of a discount, is subsequently undercut by a return due to the exercise of the customer's right of withdrawal, the discount cannot be taken into account for the remainder of the order. The missing amount will then be subsequently invoiced to the customer or charged to their selected payment method.
§ 19 Sample withdrawal form
- I/we hereby revoke () the one I/we () for 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 notification on paper)
- Date
(*) Delete as appropriate.
§ Section 20 Applicable law, mandatory consumer protection provisions, out-of-court dispute resolution
(1) The contracts concluded between Merklinger and the customer on the basis of these GTC shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the law of the country in which a customer who is a consumer has his habitual residence remain unaffected.
(2) The European Commission provides a platform for online dispute resolution (OS) for consumers. The customer can reach this at: www.ec.europa.eu/consumers/odr.
Merklinger's e-mail address is: info@dermerklinger.de
(3) Merklinger is not obliged or willing to participate in a dispute resolution procedure under the German Consumer Dispute Resolution Act (VSBSG).
III. Special provisions for entrepreneurs as customers
Re § 12 Warranty for the purchase of goods
The customer's warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from the above provisions are claims for damages and claims for defects that Merklinger has fraudulently concealed. Also excluded from the above restrictions is the right of recourse according to § 478 BGB. The statutory limitation periods apply to these excluded claims. § Section 377 HGB remains unaffected.
§ 21 Interest in the event of late payment
If the customer is in default of payment, interest shall be charged on the purchase price at a rate of 9 percentage points above the base interest rate during the period of default. Merklinger reserves the right to prove and claim higher damages caused by default.
§ 22 Conditions of participation in courses and seminars
(1) General information: The number of participants is limited for all seminars. If the seminar is full, it is not possible to overbook the course for capacity reasons. Spectators and accompanying persons are not permitted.
(2) Registration: Registration is binding - it takes place online via our homepage, www.dermerklinger.de. Alternatively, registration can also be made by telephone on +49 (0)8231 9883585. After successful registration, the participant will immediately receive an order confirmation by e-mail. Upon receipt of this confirmation, the contract between the participant and Der Merklinger GmbH comes into effect.
(3) Rebooking/cancellation: Seminars can be canceled up to 14 days in advance. In the event of illness or force majeure after this time, a refund of the seminar fee is only possible under certain conditions. Please refer to the scale below. Alternatively, it is possible to nominate a substitute participant.
Please note that in this case a cash payment of the amount already paid is not possible. Instead, you will receive a shopping voucher from us. This voucher can be redeemed for future seminars or other offers in our range.
- If you cancel within 14 days before the seminar date, 80% of the seminar fees will be charged as a cancellation fee.
- Cancellations made within 7 days of the seminar date will incur a cancellation fee of 100% of the seminar fee.
(4) Seminar content and seminar leaders
The content of the courses is not exhaustive. Topics may be omitted or added. If leaders are named, others will only be engaged if the named person is unable to attend.
(5) Note on allergies and intolerances:
Food is provided in our courses. Please let us know when you register if you have any allergies or intolerances.
(6) Cancellations by the organizer: We reserve the right to cancel a seminar if the number of participants does not cover the costs or if there are reasons for which we are not responsible (e.g. illness, force majeure). In such cases, seminar participants will be informed immediately and seminar fees paid will be refunded in full. We cannot reimburse any costs (e.g. travel expenses, etc.) incurred as a result of the cancellation.
§ Section 23 Severability clause, place of jurisdiction
(1) Should individual provisions of these GTC be invalid or unenforceable in whole or in part or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
(2) The exclusive place of jurisdiction for all disputes arising from the concluded contract is the registered office of Merklinger (currently Augsburg, Germany) if the customer is a merchant or if the customer does not have its general place of jurisdiction in the same country as the contracting Merklinger GmbH
