BLOG

0 Language
 


The binding version of these terms is the German one. You may choose to complete the contract in German or in English. The English version only serves the convenience of the user.

1. Scope of the terms



1.1. The merisier GmbH (“MERISIER”) hosts a curated gift shop platform on www.merisier.de 

1.2 The products offerings are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a “Business Customer” of a Costumer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct if its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code). 

1.3 These Terms apply to all business relations between MERISIER and Users. Standard business conditions of the User do not apply, regardless of whether or not MERISIER expressly object to them in a particular case.

1.4 The laws of Federal Republic of Germany under exclusion of the UN Convention of the International Sale of Goods (CISG) is applicable to all relations between MERISIER and User.
 


2. Use



2.1 The Users act according to the destined functions of www.merisier.de. Any inappropriate or illegal use, manipulation, or change of the websites is prohibited. It is particularly forbidden to use www.merisier.de
 


2.1.1 to carry out or to support anticompetitive practices, including advertisement for other gift shop platforms and progressive customer acquisitions like chain systems or pyramid sales;
 


2.1.2 to copy or to read out contents like offers, tables, or data sets for commercial uses;
 


2.1.3 to use pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral contents or to advertise, offer, or sell such products;
 


2.1.4 to use malware;
 


2.1.5 to upload contents that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
 


2.1.6 to influence the availability of the MERISIER services in a negative way for other Users, including the interception of messages, the transmission of junk mail, and the transmission of messages for commercial purposes;
 


2.1.7 to use temporary e-mail addresses;
 


2.1.8 to provide names, addresses, telephone numbers, facsimile numbers, e-mail addresses, member names, or other data of messenger services.
 


2.2 If a User breaches the terms of use, MERISIER may immediately restrict, block, and/or delete the respective member account. When choosing one of the aforementioned measures, MERISIER will consider the relevance of the inappropriate use, the legitimate interest of the User, and the degree of responsibility of the User. During the analysis of the circumstances, MERISIER may temporarily block an account, delete single offers or contents, warn the User, or restrict the use of the websites.



2.3 The right to use the services of MERISIER is restricted to the current state of technology. MERISIER may restrict his services if this is necessary with regard to capacity limits, with regard to the security or integrity of the server, or with regard to the performance of technical measures and if the restriction serves the correct or improved provision of services. It may temporarily or partially be impossible to use MERISIER’s services, e.g. for technical reasons.
 

8.1 Rights of third parties
 
Some contents of www.merisier.de are protected according to data privacy law, copyright law, or trademark law. Contents must not be copied, promoted, reproduced, or otherwise be used without permission of the respective owner of rights. This particularly applies to the use of robots, crawlers, or other automatic techniques.

BUYING
 


9 Conclusion of contract
 


9.1  The presentation of goods on www.merisier.de is an invitation to the User to make an offer to buy; it does not constitute a binding sales offer by MERISIER. The User is not entitled to the availability of the presented goods. It is the User who makes a binding offer to buy by placing an order using the order button. The offer shall remain valid and binding for a period of two weeks. MERISIER may decline a User’s offer to buy without giving reason.
 


9.2 MERISIER will save the contract text and send you the order information by e-mail. Your order information can be viewed in your account at any time.
 


9.3 MERISIER may withdraw from the contract
 
9.3.1 if he is not or not completely provided with goods by his own supplier over a timespan that is not just short and if he is not responsible for this, especially if he has concluded a matching hedging transaction with his own supplier early enough;
 


9.3.2 if the delivery of the goods is impossible over a timespan that is not just short, if the impossibility is caused by force majeure, by strike, or by shortage of raw material, and if MERISIER is not responsible for the impossibility. MERISIER will immediately inform the User if one of the aforementioned circumstances arises. If the User has already paid the respective product fully or partially, MERISIER returns the payment immediately.

10 Withdrawal  Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.   The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (merisier GmbH, Brunnenstr. 141, D-10115 Berlin, Telefon: +49 (0)30 40 36 42 620, E-Mail: info@merisier.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost 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.

### 
End of notification


11 Prices and shipping costs
 


11.1 When placing an order, the price quoted on the article page at the time of the order is the valid one.
 


11.2 Shipping costs are being charged for every order. The shipping costs are not included in the quoted price. They depend on the size and the weight of the respective product, the shipping mode, and the country of delivery.
 


11.3 If prices have been quoted falsely on www.merisier.de because of technical mistakes and if a contract was concluded on the basis of such a false price, MERISIER may avoid the declaration that led to the contract. If MERISIER avoids a declaration and thereby terminates a contract in the aforementioned manner, he will return any contractual payment by the User immediately. 

12 Payment
 


12.1 Prices and shipping costs have to be settled due net and immediately after the conclusion of the contract.
 


12.2 Payments are being settled by use of credit cards, direct payment via payment-network.com, or by use of PayPal. MERISIER may restrict the User to certain payment methods in individual cases.

13 Delivery
 


13.1 MERISIER usually ships the goods within five days. Dependent on the type of product and the producer, the goods may be shipped later. If MERISIER specifies a delivery time or a delivery period, that time or period is only obliging if it has been confirmed as obliging in an explicit and written form. A product is only being shipped if the complete purchase price and shipping costs have been credited to MERISIERs account.
 


13.2 The User takes the responsibility that the ordered goods can be delivered at the indicated delivery address within normal working hours. If MERISIER cannot deliver a product three times in a row for reasons the User has to account for, MERISIER may withdraw from the contract. In such a case the payment of the User will be returned immediately less the costs for the unsuccessful tries to deliver.



13.3 Damages incurred during shipping should be reported immediately to the carrier and MERISIER. This message has no effect on the user’s warranty rights, but may facilitate any claims MERISIER may bear against the carrier.  
 


14 Retention of title
 
The User only becomes the owner of a delivered product if he has paid the product completely.
 


LIABILITY  AND  FINAL  PROVISIONS
 


15 Liability of MERISIER
 


15.1 MERISIER is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
 


15.2 In cases of slight negligence, MERISIER is only liable if he has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if he has infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases MERISIER is only liable for predictable damages that are typical for the contract.
 


15.3 The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects.
 


15.4 If the liability of MERISIER is excluded or restricted, this also applies to the personal liability of his employees, representatives, and agents.
 


16 Liability of the User
 


16.1 The User relieves MERISIER of all claims that third parties enforce against MERISIER if the User is responsible for the reason for the claim, e.g. because he has provided own contents. In such a case the User also bears the necessary legal costs for the defense including lawyer’s fees and court fees.
 


16.2 In cases of an aforementioned enforcement of claims by third parties, the User will provide MERISIER with all his information that is needed for the examination of the claim and for the defense against it. The User provides the information immediately, truthfully, and completely.
 


17 Final provisions
 
If individual terns are invalid, this does not affect the validity of the other terms. The invalid term is replaced by a valid term that conforms to the economic purpose of the invalid term.
 


Stand: 28th of February 2014 merisier GmbH