GENERAL TERMS AND CONDITIONS FOR ORDERS ON THIS WEBSHOP (FOLLOWING "WEBSHOP") OF THE WEBSITE THEMERCHREPUBLIC.COM (FOLLOWING "WEBSITE")
YOUR CONTRACTOR AND SUPPLIER OF THIS WEBSHOP IS :
TMR MERCHANDISE GMBH
Heinrich-Roller-Straße 16b
10405 BERLIN
shop@themerchrepublic.com
CHARLOTTENBURG LOCAL COURT - HRB 148639 B
SALES TAX ID : DE288179119
AUTHORIZED MANAGING DIRECTOR : KARSTEN FUHRKEN
WE ARE ONLY RESPONSIBLE FOR THE WEBSHOP ON THE WEBSITE, NOT FOR THE WEBSITE.YOU CAN FIND MORE INFORMATION ON THE OWNER OF THE WEBSITE ON THE WEBSITE UNDER "IMPRINT" OR "CONTACT".
1. CONCLUSION OF AGREEMENT
BY CLICKING THE BUTTON "PLACE ORDER" YOU ARE PLACING A BINDING ORDER TO THE ITEMS IN YOUR SHOPPING BASKET. UNTIL THIS TIME YOUR ORDER CAN BE CANCELLED OR CHANGED AT ANY TIME.IMMEDIATELY AFTER YOU ORDER, YOU WILL RECEIVE A CONFIRMATION VIA E-MAIL.A BINDING AGREEMENT IS FORMED AFTER YOU RECEIVE THIS CONFIRMATION E-MAIL, AT THE LATEST WITH THE RECEIPT OF THE ORDERED GOODS.THE AGREEMENT IS ENTIRELY IN THE GERMAN LANGUAGE. THE PRODUCT RANGE IN THE WEBSHOP IS WITHOUT ANY OBLIGATION AND CAN BE CHANGED AT ANY TIME.YOU CAN FIND AN EXACT EXPLANATION ABOUT THE PROGRESS OF YOUR ORDER HERE.THE CONTENTS OF THE AGREEMENT WILL BE SAVED WITH US AND ARE INCLUDED IN THE CONFIRMATION E-MAIL IN WRITTEN FORM.WE RECOMMEND YOU TO SAVE AND PRINT OUT YOUR ORDER CONFIRMATION AND THESE TERMS AND CONDITIONS.
2. PAYMENT METHODS, SHIPPING COSTS, DELIVERY, VOUCHERS
TO GET MORE INFORMATION ON AVAILABLE METHODS OF PAYMENT, SHIPPING COSTS, DELIVERY TIME AND HOW TO REDEEM VOUCHERS PLEASE GO TO "TERMS AND CONDITIONS OF DELIVERY".
3. RIGHT OF REVOCATION
- REVOCATION POLICY FOR THE CONSUMER: -
YOU CAN REVOKE YOUR CONTRACT WITHIN 14 DAYS WITHOUT SPECIFICATION OF REASONS IN WRITTEN FORM (FOR EXAMPLE: LETTER, FAX, E-MAIL) OR THROUGH REVOKING THE RETURN OF THE GOODS.THE TERM BEGINS AFTER THIS INSTRUCTION IN WRITTEN FORM, HOWEVER NOT BEFORE THE RECEIPT OF THE GOODS AT YOUR ENDS AND ALSO NOT BEFORE COMPLETION OF OUR DUTY TO INFORM ACCORDING TO ART. 246 § 2 IN CONNECTION WITH § 1 PARAGRAPH 1 AND 2 EGBGB AND NOT BEFORE COMPLETION OF OUR DUTIES ACCORDING TO § 312E PAR. 1 SENTENCE 1 BGB IN CONNECTION WITH ARTICLE 246 § 3 EGBGB.
TO PROTECT THE INTEREST OF THE WITHDRAWAL PERIOD THE DISPATCH OF THE REVOKE OR GOOD IN TIME IS ENOUGH.THE REVOCATION IS TO BE SENT TO :
TMR MERCHANDISE GMBH, HEINRICH-ROLLER-STRAßE 16b, 10405 Berlin or shop@themerchrepublic.com
IN THE EVENT OF A VALID REVOCATION THE RECEIVED SERVICES ON BOTH SIDES ARE TO BE GRANTED AND IF INTERESTS APPLY, THEY ARE TOO.IF YOU CAN NOT RETURN THE RECEIVED SERVICE OR GOODS OR ONLY PARTIAL OR IN DETERIORATED CONDITION YOU HAVE TO PAY DAMAGES AND COMPENSATION.THIS DOES NOT APPLY WHEN AFTER A CHECKING THE SERVICE OR GOOD, THE DETERIORATION OF THE GOOD CAN BE ASCRIBED TO AS IF IT HAPPENED IN A STORE.FURTHERMORE YOU CAN AVOID THE DUTY OF SUPPLYING COMPENSATION DUE TO A CONVENTIONAL USAGE OF THE GOODS DETERIORATION, IF YOU DO NOT TREAT THE GOODS AS YOUR PROPERTY AND REFRAIN FROM DOING ANYTHING TO LOWER THE VALUE OF THE GOOD.CONSIGNABLE BY PARCEL POST GOODS ARE TO BE SENT BACK AT OUR RISK.CONSIGNABLE BY PARCEL POST GOODS WILL BE PICKED UP AT YOURS.YOU HAVE TO HANDLE THE COSTS OF THE RETURN IF THE DELIVERED GOODS ARE ACCORDING TO WHAT YOU HAVE ORDERED AND IF THE PRICE OF THE RETURNED GOOD IS BELOW 40 EURO.ALSO YOU HAVE TO HANDLE THE COSTS OF THE RETURN WHEN YOU HAVEN'T RECIPROCATED OR PROVIDED A CONTRACTUALLY AGREED PARTIAL PAYMENT AT THE TIME OF THE REVOCATION.OTHERWISE THE RETURN IS FREE.PAYMENT DUTIES HAVE TO BE FULFILLED WITHIN 30 DAYS.THE DEADLINE STARTS WITH THE DISPATCH OF YOUR REVOCATION REQUEST OR THE GOOD, WITH OUR RECEIPT THE SAME.YOUR RIGHT OF REVOCATION EXPIRES EARLY IF THE CONTRACT IS FULFILLED AT THE SPECIFIC REQUEST OF BOTH SIDES, BEFORE YOU MADE USE OF THE RIGHT OF REVOCATION.THE RIGHT OF REVOCATION DOES NOT APPLY
(A) ON DELIVERY OF SEALED AUDIO OR VIDEO MATERIAL (E.G. CDS, LPS, DVDS) OR SOFTWARE (GAMES), IF YOU UNSEALED THE DATA CARRIER;
(B) ON DELIVERY OF TICKETS FOR EVENT OF ANY KIND (E.G. CONCERTS);
(C) ON DELIVERY THAT WERE ESPECIALLY MADE FOR YOUR NEEDS OR GOODS THAT ARE NOT SUITABLE FOR RETURNING BASED ON THEIR CHARACTERISTICS;
(D) ON DELIVERIES OF NEWSPAPERS AND MAGAZINES, UNLESS YOU HAVE PLACED YOUR CONTRACTUAL STATEMENT VIA PHONE.
- END OF REVOCATION POLICY -
4. WARRANTY
IN CASE OF A FAULTY DELIVERY YOU ARE ENTITLED TO THE LEGAL WARRANTY RIGHTS.
5. REGISTRATION AND INFORMATION ON DATA PROCESSING
THE OPTIONAL REGISTRATION IN OUR WEBSHOP IS FREE. YOU CAN LOOK INTO YOUR ACCOUNT AND DELETE YOUR SAVED DATA AT ANY TIME.YOU WILL FIND THIS AFTER YOU LOGGED IN. YOU WILL FIND MORE INFORMATION ON SIGNING UP HERE.WE FOLLOW THE RULES OF THE DPA (DATA PROTECTION ACT), IN PARTICULAR THE FEDERAL PRIVACY ACT AND THE TELE MEDIA LAW.FIND MORE INFORMATION ON DATA PROCESSING AND USE IN OUR PRIVACY POLICY.
6. TICKETS
IF WE OFFER TICKETS FOR EVENTS IN THE WEBSHOP, WE ONLY SELL THE TICKETS, THAT MEANS WE SELL THE TICKETS BUT WE ARE NOT THE PROMOTER OF SAID EVENT.USUALLY YOU CAN FIND THE NAME OF THE PROMOTER ON THE TICKET.WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF THE EVENT. IF YOU HAVE FURTHER QUESTIONS PLEASE CONTACT THE PROMOTER, YOU WILL FIND ALL CONTACT INFORMATION ON YOUR TICKET.
7. DISPOSAL AND ENVIRONMENT
OUR SUPPLIERS FULFILLED THEIR OBLIGATION TO INFORM THE GERMAN FEDERAL ENVIRONMENTAL AGENCY.RECYCLING OF BATTERIES: BATTERIES DO NOT BELONG IN YOUR DOMESTIC WASTE.AS A CONSUMER YOU ARE LEGALLY OBLIGED TO REMOVE USED BATTERIES. YOU CAN RETURN OLD BATTERIES AT LOCAL COLLECTION POINTS IN YOUR AREA OR EVERYWHERE, WHERE BATTERIES ARE SOLD.OF COURSE YOU CAN ALSO RETURN USED BATTERIES TO US.WITH THE NOTE "USED BATTERIES" SEND BACK TO:TMR MERCHANDISE GMBH
c/o B+S GmbH LOGISTIK UND DIENSTLEISTUNGEN
FUGGERSTR. 1733689 BIELEFELD
shop@themerchrepublic.com
CONTAMENT-LADEN BATTERIES ARE MARKED WITH A SYMBOL.
PB: BATTERY CONTAINS LEAD
CD: BATTERY CONTAINS CADMIMUM
HG: BATTERY CONTAINS MERCURY
ELECTRICAL AND ELECTRONIC DEVICES
ELECTRICAL AND ELECTRONIC DEVICES CAN NOT BE DISPOSED THROUGH DOMESTIC WASTE. AS A CONSUMER YOU CAN RETURN OLD ELECTRONIC DEVICES FOR FREE AT A COLLECTION POINT IN YOUR AREA.
8. PRIVACY POLICY
OUR PROTECTION OF DATA PRIVACY CONFORMS TO THE PRIVACY PROTECTION LAW, IN PARTICULAR TO THE FEDERAL DATA PROTECTION ACT (BDSG) AS WELL AS THE TELE MEDIA ACT (TMG).WITH SUBMITTING YOUR ORDER, YOU AGREE THAT THE PERSONAL DATA YOU HAVE ENTERED DURING THE PROCESS OF THE REGISTRATION OR DURING THE PROCESS OF THE SETTLEMENT ON THE WEBSITES OF TMR MERCHANDISE GMBH IS SAVED BY US.THE SUPPLY OF YOUR PHONE NUMBER IS NOT COMPULSORY. IF YOU DO SUPPLY YOUR PHONE NUMBER YOU AGREE THAT IN CASE OF ANY PROBLEMS OR QUESTIONS CONCERNING THE PROCESS OF SINGLE ORDERS WE ARE ALLOWED TO CONTACT YOU VIA PHONE.WE WILL NOT USE YOUR PHONE NUMBER FOR ANYTHING ELSE AS MENTIONED ABOVE.THE DATA THAT IS REQUIRED FOR THE PROCESS OF BUSINESS IS GIVEN TO TRUSTED SERVICE PROVIDERS WHEN REQUIRED. IN ORDER TO BE ABLE TO HANDLE AND DELIVER ORDERS WE GIVE CERTAIN DATA TO E.G. THE ASSIGNED DELIVERY SERVICE.FURTHERMORE WE USE AND PROCESS ADDRESS AND ORDER DATA FOR OUR OWN MARKETING PURPOSES.FOR EXTERNAL MARKETING PURPOSES WE ONLY USE DATA THAT IS ALLOWED WITHIN THE LEGAL FRAMEWORK (§ 28 SECTION.3 BDSG) IS PASSED ON TO THIRD PARTIES.DURING THE PROCESS OF PRIVATE DATA WE WILL PROTECT YOUR INTERESTS ACCORDING TO THE LEGAL REQUIREMENTS.UPON REQUEST WE WILL GIVE YOU INFORMATION ON YOUR PERSONAL DATA THAT IS SAVED WITH US.ALSO WE CAN CHANGE OR DISABLE YOUR SAVED DATA IF YOU WISH.FURTHERMORE YOU CAN DISAGREE WITH THE USAGE, PROCESS OR TRANSFER OF YOUR DATA FOR MARKETING PURPOSES AT ANY TIME BY SENDING AN OFFICIAL NOTE TO OUR DATA PROTECTION OFFICER.AFTER RECEIPT OF YOUR DISAGREEMENT OR WITHDRAWAL WE WILL NOT USE THE AFFECTED DATA FOR MARKETING PURPOSES AND WILL STOP THE POSTAGE OF ADVERTISING MATERIAL INCLUDING OUR CATALOG IMMEDIATELY.
RESPONSIBLE FOR CORPORATE DATA PROTECTION:
KARSTEN FUHRKEN TMR MERCHANDISE GMBH
Heinrich-Roller-Straße 16b
10405 BERLIN
[email protected]/* */
COOKIES
COOKIES ARE SMALL PIECES OF INFORMATION THAT ARE STORED FROM YOUR BROWSER ON YOUR COMPUTER'S HARD DRIVE.OUR COOKIES DO NOT CONTAIN ANY PERSONALLY IDENTIFYING INFORMATION, BUT THEY DO ENABLE US TO PROVIDE FEATURES SUCH AS PERSONALISATION AND TO STORE ITEMS IN YOUR SHOPPING BASKET BETWEEN VISITS.WE USE TWO KINDS OF COOKIES : PERMANENT COOKIES THAT REMAIN ON YOUR COMPUTER FOR ALONGER PERIOD OF TIME AND SESSION RELATED COOKIES, THAT ARE DELETED IMMEDIATELY AS YOU ARE CLOSING YOUR BROWSER.PERMANENT COOKIES HELP US REMEMBER YOU ON YOUR NEXT VISIT. YOU CAN DELETE THOSE COOKIES MANUALLY FROM YOUR BROWSER THOUGH.COOKIES ARE IMPORTANT SO YOU CAN FOR EXAMPLE PLACE ITEMS IN YOUR SHOPPING BASKET DURINGYOUR VISIT. FURTHERMORE THOSE COOKIES HELP US ANALYSE HOW OUR CUSTOMERS USE THE WEBSHOP, SO WE CAN CONSTANTLY IMPROVE AND OPTIMISE IT.MOST BROWSERS AUTOMATICALLY ACCEPT COOKIES.IN YOUR SECURITY SETTINGS YOU CAN INDIVIDUALLY ALLOW OR BAN TEMPORARY OR SAVED COOKIES. IF YOU DEACTIVATE YOUR COOKIES YOU MIGHT NOT BE ABLE TO USE SOME FEATURES IN OUR WEBSHOP AND SOME FEATURES MIGHT NOT BE DISPLAYED PROPERLY.
SECURITY AND ENCRYPTION
THE SECURITY SERVER SOFTWARE SSL (SECURE SOCKET LAYER) THAT IS USED BY US ENCRYPTS YOUR ENTIRE PERSONAL DATA LIKE NAME AND ADDRESS, CREDIT CARD NUMBER ETC.THIS INFORMATION IS NOT VISIBLE FOR UNAUTHORIZED PERSONS.THE SECURITY SERVER SOFTWARE SSL TRANSFORMS THE CHARACTERS YOU'VE ENTERED INTO A CODE THAT IS SAFE ON THE INTERNET.USED ENCRYPTION PROTOCOL : SSL 3.0 KEY-EXCHANGE (PUBLIC KEY): RSA 2048 BITTHE FOLLOWING DATA IS TRANSFERRED ENCRYPTED:
PERSONAL DATA ( NAME, ADDRESS, PHONE NUMBER ETC.)METHOD OF PAYMENTCREDIT CARD AND ACCOUNT INFORMATIONWITHDRAWAL DATE
9. OTHER
THE TERMS AND CONDITIONS SOLELY APPLY TO CUSTOMERS. ONLY OUR TERMS AND CONDITIONS APPLY. IF YOU'RE USING YOUR OWN TERMS AND CONDITIONS, WE DO NOT AGREE WITH THEM.THE CONTRACT IS SUBJECT TO THE GERMAN LAW TO THE EXCLUSION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AS WELL AS POSSIBLE CROSS-NATIONAL AGREEMENTS, ALSO AFTER THEIR TRANSFER TO THE GERMAN LAW.
AS PER AUGUST 1ST 2014 TMR MERCHANDISE GMBH
