Below, you will find the general terms and conditions of Megafanshop GmbH, Schützengasse 4, 8001 Zürich, Switzerland.
§ 1 DEFINITIONS & SCOPE
(1) The following general terms and conditions shall be applied exclusively to the business relationship, and in particular to the sale and delivery of the goods between Megafanshop and the customer in their version valid at the time of the order. Deviating conditions of the customer are not recognised unless Megafanshop expressly admits their validity in writing.
(2) The customer is a consumer as far as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. However, the entrepreneur is any natural or legal person, which is the conclusion of the agreement in exercising their commercial or self-employed professional activity.
§ 2 REGISTRATION
(1) The customer is responsible for providing truthful and complete personal data required for registration. The customer is obliged not to make his personal access and registration data accessible to unauthorised third parties and to treat them confidentially. The confirmation of registration is carried out by clicking on the button "Register" immediately after submitting the application.
(2) It is only permitted to use a customer account at the same time. Megafanshop reserves the right to delete multiple entries. In addition, Megafanshop reserves the right to warn customers who violate these provisions.
(3) There is no obligation by Megafanshop to accept the registration of a customer or the order of a customer. The same applies to the availability of the Megafanshop offer. There is no obligation to keep your offer permanently available, already confirmed orders remain unaffected.
§ 3 CONCLUSION OF CONTRACT
(1) The Web pages and ads, as well as promotional materials of each type of Megafanshop, represent only an invitation to make an offer. The customer can choose from the assortment of Megafanshop goods, and by using the button "Into the shopping basket" collect the goods in a so-called shopping basket. Via the button "order and pay" he makes a binding request to the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and communicated if the customer has ticked the box "I have read and accepted the terms and conditions of your shop" and accepted these terms of the contract.
(2) Megafanshop then sends the customer an automatic acknowledgement of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the "Print" function. The automatic acknowledgement of receipt only documented that the customer's order has been received by Megafanshop and does not represent acceptance of the application. The contract is only concluded by Megafanshop's declaration of acceptance, which is sent with a separate e-mail ("order confirmation") or if Megafanshop actually corresponds to the order by sending the goods. In this e-mail or in a separate e-mail, but at the latest on the delivery of the goods, the contract text (consisting of order, Terms and order confirmation) is sent to the customer by us on a permanent data medium (e-mail or paper) ("Contract confirmation "). The text of the contract is stored in compliance with data protection.
§ 4 DELIVERY, PRODUCT AVAILABILITY
(1) Information about the delivery period is non-binding unless the delivery date has been blindingly confirmed in writing. Delivery times specified by Megafanshop are calculated from the date of the order confirmation, prior payment of the purchase price.
(2) If at the time of the customer's order, no copies of the product selected by the customer are available, Megafanshop shall notify the customer without delay in the order confirmation. If the product is not permanently available, Megafanshop will not accept a declaration of acceptance. Therefore, a contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, Megafanshop also notifies the customer immediately in the order confirmation. In this case, Megafanshop is entitled to withdraw from the contract. Megafanshop will refund any payments already made by the customer without delay.
(4) If individual goods will no longer be available, there is no claim for delivery. In this case, Megafanshop is entitled to withdraw from the contract. At the same time, Megafanshop will undertake to notify the consumer without delay of non-availability and to reimburse immediately any compensation already received.
(5) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Megafanshop is entitled to make partial deliveries of goods.
(6) The order is greater than normal household quantities only after express prior consent of Megafanshop, please contact us directly for this purpose. The same applies to the order of goods worth EUR 1,000. An order is currently only up to a limit of EUR 999 possible and limited to orders of this size. Megafanshop reserves the right to amend or cancel this limit in individual cases or for the future.
(7) In the case of consumers, the risk of accidental loss and the accidental deterioration of the goods sold during the sale of the goods shall be transferred to the consumer or to a recipient designated by the consumer. This applies irrespective of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods will be transferred to the buyer when the goods are shipped with the delivery of the goods to the freight forwarder or the person or institution who is otherwise destined to carry out the dispatch.
(8) Megafanshop supplies worldwide. Delivery restrictions exist for Iran, Syria, North Korea, Cuba and Sudan. In some cases, certain countries may be excluded from delivery. The possible delivery areas can be found in the list of the current delivery areas on the website.
§ 5 PROPERTY RIGHTS
The delivered goods remain the property of Megafanshop until full payment has been received. Prior to the transfer of the property, a pledge, security transfer, processing or transformation without our consent is not permitted.
§ 6 PRICES AND SHIPPING COSTS
(1) All prices are final prices in EURO include all charges including VAT subject to the following terms and conditions as far as relevant.
(2) The shipping and transport costs for the dispatch of the goods as well as any cash on delivery are not included in the purchase price and must be borne by the customer. Our current shipping costs can be found under the corresponding heading "shipping costs" on our website. Megafanshop reserves the right to ship certain goods free of charge, there is no claim on the part of the customer. Customs or import charges, as well as any applicable taxes for deliveries abroad, shall be borne by the customer. At this point, we would like to point out that buyers in third countries who are not members of the European Union and who are therefore responsible for the customs duties or import duties, as well as any taxes which may have to be paid for deliveries abroad, are not subject to any costs incurred by Megafanshop.
(3) Megafanshop is responsible for the method of dispatch, the means of transport and the selection of the contracted transport or forwarding company.
§ 7 PAYMENT METHODS
(1) The customer can make the payment of the goods basically by credit card or Paypal. In some countries, there may be deviations with regard to additionally offered payment methods (for example bank transfer, check, direct debit). Megafanshop reserves the right to introduce further payment methods.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchased price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is immediately not observance by default of the date (a separate reminder is not required)
(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further default damages by Megafanshop.
(5) The customer agrees to receive invoices electronically. Electronic invoices are available in PDF format in the "My Account" section of the website.
(6) If the payment method selected by the customer is not feasible despite Megafanshop's performance, in particular, because a debit from the account of the customer is not possible due to lack of fund of his account or due to the disclosure of incorrect data, the customer has to replace the additional costs thereby incurred Megafanshop or a third party commissioned by him with the settlement.
§ 8 PROCEDURE OF GUARANTEE
(1) Megafanshop is liable for material defects in accordance with the applicable legal regulations. The guarantee period for the goods supplied by Megafanshop is 12 months.
(2) An additional guarantee is provided by the goods supplied by Megafanshop, only if expressly stated in the order confirmation of the respective article. The presentation of the goods, e.g. on the internet platform or brochures of Megafanshop does not constitute a quality guarantee, but merely a description of the properties. Certain characteristics of the goods are only guaranteed by Megafanshop if Megafanshop has expressly confirmed this.
§ 9 LIABILITY
(1) Claims of the customer for damages are excluded. This does not include claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Megafanshop, its legal representatives or vicarious agents are excluded. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the case of violation of essential contractual obligations, Megafanshop is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health. This claim for damages is statute-barred within 12 months after delivery.
(3) If claims are directly asserted against the the restrictions of paragraphs (1) and (2) shall also apply to the legal representatives and vicarious agents of Megafanshop.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 10 REVISION OF REFUSAL
1) Consumers have a legal right of withdrawal when they complete a distance selling business, about which Megafanshop informes below, in accordance with the statutory pattern. Exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample revocation form.
DISPOSAL OF REFUSAL
Right of revocation
You have the right to cancel this contract within 14 days without giving reasons.
The revocation period is fourteen days from the date on which you or a third party nominated by you, who is not a carrier, have taken the goods in possession.
In order to exercise your right of cancellation, you must inform us ( Megafanshop GmbH, Schützengasse 4, 8001 Zürich, Switzerland, firstname.lastname@example.org) by means of a clear declaration (E.g. a letter sent by mail, fax or E-Mail) of your decision to cancel this contract. You can use the enclosed sample revocation form, but this is not required.
In order to maintain 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 cancel this contract, we will pay you all the payments that we have received from you, including the cost of delivery (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 use the same payment you 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 the repayment until we have recovered the 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 when you send the goods before the end of the deadline of 14 days.
You bear the immediate cost of returning the goods.
You shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
End of the revocation.
(2) The right of revocation does not apply to contracts
- for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer,
- for the supply of goods which are not suitable for health or hygiene reasons or if these have been mixed with other goods inseparably after delivery due to their nature.
(3) By way of the sample revocation form Megafanshop informs according to the legal regulations as follows:
SAMPLE FORM REVOCATION
(If you want to cancel the contract, please fill out this form and send it back.)
I/we (*) hereby cancel the contract concluded by me/us (*)
The purchase of the following goods (*) / the provision of the following
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate
§ 11 DATA PROTECTION
(1) All personal data are generally confidential. Only the data required for processing the order are saved. Within the framework of order processing, Megafanshop's service providers (transporters, logisticians) receive the necessary data for contract processing.
§ 12 FINAL PROVISIONS
(1) The laws of Switzerland shall apply to contracts concluded between Megafanshop and the customer, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory rules, in particular, the state in which the consumer as a consumer is habitually resident, remain unaffected.
(2) if the customer is a merchant, a legal entity under public law or a public special fund, as well as customers who do not have a general court in the European Union or who are resident or habitual after the conclusion of the contract Or whose domicile or habitual residence is not known at the time the action is brought, is the legal venue for all disputes arising from contractual relationships between the customer and Megafanshop.
(3) The contract shall remain binding in the remaining parts of the contract, even if individual points are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available.
(4) The EU Commission has established an Internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform is available at http://ec.europa.eu/consumers/odr/. Any customer who is simultaneously a consumer can use this platform.