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Terms of Service

§ 1 Scope and provider

(1) The General Business Relations apply to all orders placed with the online shop of the Sorg Lederwaren GmbH (Brand: MERSOR).

Contact details:
Managing Director: Stella Maria Sorg
Email: hello@mersor.com

(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business are therefore valid for all future business conditions, even if they are not expressly agreed upon again. The inclusion of the general business relationships of a customer, which contradict our general business relations, is already being contradicted.

(3) Contract language on www.mersor.com is English.

§ 2 Conclusion of contract

(1) The product presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.

(2) By clicking the "Complete order" button, you make a binding purchase offer (§ 145 BGB).

(3) Upon receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (order confirmation). A binding contract is concluded upon receipt of the order confirmation. Please note that the delivery of the ordered goods takes place at the time of payment (reservation), as soon as the payment of the complete purchase price as well as any shipping costs has been received by us. Therefore, we ask you to transfer the purchase price immediately after receiving the order confirmation, but at the latest within 10 days. 

(4) You can always read the General Terms and Conditions at www.mersor.com. To get insight or information about past orders, please contact our customer service at hello@mersor.com.

§ 3 Prices

The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs. 

§ 4 Terms of payment and default

(1) The payment is made alternatively by:

  • Credit card (American Express, Visa and MasterCard)
  • PayPal

(2) When paying by credit card, the purchase price is reserved at the time of the order on your credit card ("authorization"). The actual charge of your credit card account is at the time when we send the goods to you.

(3) If you are in arrears with the payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the basic interest rate. For each reminder sent to you after the delay, at least one reminder fee of 5 EUR will be charged to you, unless you can prove a lower loss.

5 Offsetting / Right of Retention

(1) You are entitled to a right of set-off only if your claim has been legally established or is not disputed by us.

(2) You may exercise a right of retention only if your claim is based on the same contractual relationship.

§ 6 Delivery and Retention of Title

(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specify.

(2) The goods remain our property until the full payment of the purchase price is completed.

(3) We offer express shipping for certain orders. Whether this option is offered for your particular order and the associated costs, you can see in the ordering process. The goods will be delivered no later than 2 working days. If this delivery time is exceeded, you will be refunded the delivery costs.

(4) If you are a business owner within the meaning of § 14 BGB, the following shall also apply:

We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted. 

You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which are made to you from the resale. We accept the assignment but you are authorized to collect the receivables. If you fail to meet your payment obligations properly, we reserve the right to collect claims ourselves.

In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. 

We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility. 

§ 7 Revocation instruction

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes which can not be attributed predominantly to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions, which differ for:

(1) Non-personalized and

(2) Personalized products.

We would like to inform you in advance that in the case of a return of goods, you can use the return label, which can be requested via our customer service (hello@mersor.com). Please help us to avoid unnecessary costs and do not return the goods without a return label. 

Please send our goods back to:

Sorg Lederwaren GmbH
Schönholzer Str.9
10115 Berlin
GERMANY

Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging. Please write to us at hello@mersor.com a short email to announce the return. This allows us to assign the products as quickly as possible.

Please note that the above-mentioned modalities are not a prerequisite for the effective exercise of the right of revocation.

(1) NON-PERSONALIZED PRODUCTS:

Withdrawal

You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. In order to exercise your right of revocation, you must contact Sorg Lederwaren GmbH.

Name / Company:
Address:
E-mail:

by means of a clear statement (e.g. a letter or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.

We may refuse repayment until we have the returned goods or until you have proved that you have returned the goods, whichever is earlier. 

You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days.

They bear the immediate cost of returning the goods. They shall only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods.

(2) PERSONALIZED PRODUCTS:

Withdrawal

The right of revocation does not exist in the case of the delivery of goods which are not prefabricated and which are subject to an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. leather goods with their individual characteristics) according to § 312g (2) BGB. The reason for this is that we can no longer resell the personalized products. They are specially made for you by hand. We ask for your understanding.

If personalized goods were damaged or defective, the revocation right of the non-personalized products takes effect.

Model withdrawal form

If you want to revoke the contract, please fill out this form and return it.

Surname:
Address:
E-mail:

I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):

(*) Name of the consumer (s): Address of the consumer (s):

Signature of the consumer (s) (only in the case of a notice on paper) Date

(*) Delete as appropriate.

End of revocation

§ 8 Transport damages

(1) If goods are delivered with obvious damage to transport, please report such faults immediately to the delivery person (for example DHL) and please contact us at hello@mersor.com as soon as possible. Before we ship the goods we make a detailed quality control check. We do not ship damaged products. 

(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is - one year - deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is permitted at first and the contractual partner may regularly rely on compliance with this (cardinal obligation) as well as for claims due to other damages which are based on an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.

(3) For the rest, the legal provisions apply.

(4) If you are a business or entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications. 

  • For the quality of the goods, only our own data and the product description are binding, but not public promises and statements and other advertising of third parties.
  • You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely forwarding is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the duty to examine and to notify the customer.
  • In the case of defects, we make a guarantee by means of rework or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  • If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.

The warranty period is one year from date of delivery.

§ 10 Liability

(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body or health of persons.

(2) The following limited liability applies: In the case of slight negligence, we shall be liable only in the event of a breach of a fundamental contractual obligation, the fulfillment of which is permissible for the proper execution of the contract and which you may regularly trust to comply with. The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of the contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.

§ 11 discount and coupon codes

(1) Multiple discount and coupon codes cannot be combined with each other for purchasing.

(2) Discount codes cannot be used for already reduced goods. Voucher codes can be used for already reduced goods.

§ 12 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.

(2) Any contracts between you and us shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising out of or in connection with contracts between you and us.

Last update: 13.04.2018

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