Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as a provider (MerchTrader GmbH) via the website www.720gear.com. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar, you can call up the “shopping basket” and make changes there at any time. After opening the “Cashier” page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page. Insofar as you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as payment method, you will either be directed to the order overview page in our online shop or you will first be directed to the Internet site of the provider of the instant payment system forwarded. If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page. Before submitting the order, you have the opportunity to review all information here again, to change (also via the function “back” of the Internet browser) or cancel the purchase. By submitting the order via the button “order with payment” you declare legally binding the acceptance of the offer, whereby the contract comes about.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additions apply:
a) We reserve the ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the reserved goods is a pledgeor security transfer not allowed.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire coownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own information and the manufacturer’s product description shall be deemed to be agreed as the nature of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty either by rectification of defects or by subsequent delivery, at our discretion. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances in particular indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the transfer is not intended for the intended use of the goods.
c) The warranty period is one year from delivery of the goods.
The reduction in time does not apply:
- in case of culpably caused damages attributable to us from injury to life, body or health and other damages caused intentionally or grossly negligently;
- if we maliciously concealed the defect or assumed a guarantee for the quality of the item;
- in the case of objects which have been used for a building in accordance with their normal use and have caused its defectiveness;
- for legal rights of recourse which you have against us in connection with rights based on defects.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved 4 electronically using the browser’s print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
4. Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such. Customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be borne by you. You also have to bear the costs incurred in transferring the money in cases where the delivery was made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.5. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment. Are you an entrepreneur, the delivery and shipment takes place at your risk.
7. Legal Liability Right
The liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I). These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can 5 be found at: http://www.haendlerbund.de/agb-service.
last update: 07.12.2017
Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed professional activity.)
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
– where you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner; In order to exercise your right of revocation, you must inform us (MerchTrader GmbH, Wasserburgerstrasse 50 a / B-64, 83395 Freilassing, phone number: +43 677 61805603, e-mail address: email@example.com) by means of a clear statement (eg letter sent by mail, fax or e-mail) about your decision to use this Revoke contract, inform. You can use the attached model withdrawal form, which is not required.In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
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 the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion or extinction reasons
The right of withdrawal does not exist with contracts
– for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts. The right of revocation expires early in contracts.
– for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
– for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
– for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To MerchTrader GmbH, Wasserburgerstr. 50 a / B-64, 83395 Freilassing, E-mail: firstname.lastname@example.org:
– I / we (*) hereby revoke the contract concluded by me / us (*) 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 when notified on paper)
(*) Delete as appropriate.