Terms & Conditions
These Terms and conditions are a translated version of our German terms and conditions. The German version of the Terms and conditions is the legally binding text.
1 - SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company Les Mercredis UG (Haftungsbeschränkt) (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2 - CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. The Client is responsible for the accuracy of mandatory information that he provides on the website and for the execution of the contract.
2.3 The Seller may accept the Client's offer within five business days and send written confirmation via E-mail.
Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent. The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth business day following the sending of the offer.
2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail or letter) after the Client has submitted his order. It the Client has opened an account on the website, the latter stores and displays the Client’s order history. The account is password-protected.
2.5 The Client can correct all the data entered prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window.
3 - PRICE AND DELIVERY COSTS
3.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified in the order details shown prior to the order confirmation by the Client.
3.2 The payment of an order is made online, per card or direct debit. This choice is to be made by the client. These payments are made through our vendor: Stripe. Adress: Stripe, Inc. 510 Townsend Street San Francisco, CA 94103, USA.The contractual relations between Stripe and its clients are entirely subjected to the terms and conditions of Stripe.
3.3 Les Mercredis UG (Haftungsbeschränkt) also accept credits its PayPal account for execution. The vendor in this case is PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Étage, 22-24 Boulevard Royal, L-2449, Luxembourg. The contractual relations between PayPal and its clients are entirely subjected to the terms and conditions of PayPal.
4 - DELIVERY
4.1 The delivery of the goods to the Client is made to the address that was stated online by the Client.
4.2 The delivery is expressly made once the full due amount has been paid according to paragraph 3.2 and 3.3 of these terms and conditions.
5 - RIGHT TO WITHDRAW
Should one of the factual reasons listed below occur after conclusion of the contract, Les Mercredis UG (haftungsbeschränkt) is entitled to an immediate withdrawal from the contract with the Client:
Should the Seller not have been delivered correctly.
Should the Seller not have been delivered in time.
This is not applicable in case of missing deliveries following Les Mercredis UG (Haftungsbeschränkt) own negligence. Les Mercredis UG (Haftungsbeschränkt) commits to informing the Client of stock shortages as soon as possible. Should any goods already have been exchanged, especially a full payment made by the Client, these will be immediately returned.
6 - LIABILITY FOR DEFECTS
Should the object of purchase be deficient, statutory provisions shall apply.
6.1 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
6.2 The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
7 - RESERVATION OF OWNERSHIP
The goods are property of Les Mercredis UG (Haftungsbeschränkt) until the full price has been paid.
8 - COMPENSATIONS
8.1 The Client has a right to compensations only if his/her counterclaims have been confirmed by force of law or been recognized by Les Mercredis UG (Haftungsbeschränkt).
8.2 You may make use of the right to retention only if your counterclaim is based on the same contractual relation.
9 - LIABILITY
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
9.1 The Seller shall face unlimited liability
in case of intent or gross negligence,
in case of injuries of life, body or health resulting from intent or negligence,
in case of a promise of guarantee, unless otherwise provided,
in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
9.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
9.3 For the rest the Seller’s liability is excluded.
9.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
10 - RIGHT TO CANCEL
Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.
INSTRUCTIONS FOR CANCELLATION & CANCELLATION FORM
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
RIGHT TO CANCEL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation 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 to cancel, you must inform us (Les Mercredis UG (Haftungsbeschränkt), Zittelstr.10 80796 München, Tel.: +4917630196451, e-mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the 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 the 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 fourteen days from the day on which you communicate your cancellation 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 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
EXCLUSION OR EARLY EXPIRY OF THE CANCELLATION RIGHT
The cancellation right expires prematurely for contracts concerning sealed goods, which, for reasons of hygiene or health, cannot be returned if the packaging has been removed or opened upon delivery.
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
If you wish to cancel this contract, please complete and submit this form.
Les Mercredis UG (haftungsbeschränkt)
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
11 - LAW AND JURISDICTION
Any contractual relationship between the parties is governed by the law of the Seller’s place of business, Germany. This choice of jurisdiction is only applicable if it doesn’t withdraw the protection granted by the Client’s country of residence.
12 - INFORMATION ABOUT ONLINE DISPUTE RESOLUTION
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.