Terms and Conditions

§ 1 Validity, Definitions

(1) Merle Toys GmbH, Marokkanergasse 7, 1030 Vienna, Austria (hereinafter referred to as: “we” or “Merle Toys”) operates an online shop for goods under the website https://www.merletoys.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as: “customer” or “you”) in their version valid at the time of the order unless something different has been expressly agreed upon.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur” is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a legally capable partnership is a partnership that is endowed with the ability to acquire rights and enter into liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of the contract apply to orders via our online shop at https://www.merletoys.com.

(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following rules apply: The customer makes a binding contract offer by successfully going through the order procedure provided in our online shop. The order is carried out in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking on the respective button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the details in the shopping cart,
4. Calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entering/checking address and contact data, selecting the payment method, confirming the terms and conditions and cancellation policy,
6. Completing the order by pressing the “Buy Now” button. This represents your binding order.
7. The contract is concluded when we send you an order confirmation within three working days to the provided email address.

(4) In the event of a contract being concluded, the contract is made with Merle Toys GmbH, Marokkanergasse 7, 1030 Vienna, Austria.

(5) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, especially the order data, terms and conditions, and cancellation policy, is done via email after you trigger the order, partly automated. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “back” button). They can also be corrected by aborting the ordering process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. Therefore, you must ensure that the email address you have deposited with us is accurate, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the Contract and Essential Characteristics of the Products

(1) The subject of our online shop is:

1. The sale of goods. You can find the specific goods offered on our item pages.

(2) The essential characteristics of the goods can be found in the item description.

(3) For the sale of digital products, the limitations evident from the product description or otherwise arising from the circumstances apply, especially regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are listed under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise specified for individual payment methods, payment claims are due immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, possibly in the shopping cart system, and on the order overview.

(4) All products offered are ready for dispatch immediately (delivery time: 3-5 working days after receipt of payment) unless clearly stated otherwise in the product description.

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

§ 5 Right of Retention, Reservation of Proprietary Rights

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is based on our withdrawal instructions.

§ 7 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as for tort is limited to intent or gross negligence.

(2) We are fully liable for slight negligence in the event of injury to life, body, or health, or in the event of a breach of a fundamental contractual obligation. If we are in default due to slight negligence, if the performance has become impossible, or if we have breached a fundamental contractual obligation, the liability for resultant material and financial damage is limited to the typically foreseeable damage. A fundamental contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the contractual purpose, and on whose compliance you can regularly rely. This particularly includes our obligation to take action and the fulfillment of the contractual service described in § 3.

§ 8 Contract Language

The sole contract language available is German.

§ 9 Warranty/Customer Service

(1) The warranty is based on legal regulations.

(2) For entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to promptly check the item/digital goods or the service provided upon fulfillment of the contract for completeness, visible defects, and transport damage, and to report complaints to us and the freight forwarder as soon as possible. If you do not comply, this naturally has no effect on your legal warranty rights.

(4) Our customer service for questions, complaints, and claims is available via email: info@merletoys.com (monday – friday 09:00-17:00).

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by the mandatory provisions of the law of the state in which the consumer habitually resides is not deprived (favorability principle).

(2) The provisions of the UN Sales Law explicitly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the venue for all disputes arising from contractual relationships between the customer and the provider is the provider’s location.

(4) According to § 19 para. 1 AStG (Alternative Dispute Resolution Act), Merle Toys GmbH points out that the Consumer Business Mediation (verbraucherschlichtung.at) has been established as a fallback arbitration board for alternative dispute resolution. Participation in the consumer arbitration board is voluntary and not mandatory.

(5) Consumers can use the platform for extrajudicial online dispute resolution for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

Merle Toys GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

For related questions, you can contact Merle Toys GmbH at the email address info@merletoys.com.