GENERAL TERMS AND CONDITIONS WEBSHOP & MAGIC SHIRT BOX

TERMS AND CONDITIONS
for webshop orders full-service customer shops, Merchzilla Shop & Magic Shirt Box

Your contract partner is

Merchzilla.com Simic KG
Kienmayergasse 22
A-1140 Wien

(hereinafter "we / us")

VAT number: 093/6780
UID: ATU57406989
Commercial Register: 237419x

CONTACT:
Email: office@merchzilla.com
Please note that we can only respond by e-mail questions to webshop orders only.

Merchzilla.com Simic KG is entitled to change these Terms and Conditions from time to time without prior notice. These changes do not apply to orders that were made prior to the publication of a new version of these Terms and Conditions on this website. Therefore, it is recommended you, at the time of making an order to print a copy of these terms and conditions for future reference and / or save it to other permanent type.

Please note: This text was translated by google translate and serves our international customer for better orientation. For any missing translations, we assume no liability. Only the German textversion is the legally valid version.

1. Ordering and Pricing

1.1. Before the contract is no entitlement to the delivery of the ordered goods. Our offer is subject to change. Errors excepted, availability, prior sale and we reserve the right. The u on our website, in online shop, catalogs, brochures, etc., as well as other information contained oral or written statements and pricing information shall only be relevant if we have referred in the order confirmation expressly for them.

1.2. The delivered goods remain our property until full payment. You are not entitled to sell up to this point.

1.3. The prices are quoted according to the display on the website at the time of your order. The identified respectively on the website shipping costs. They are inclusive of any applicable value added tax (VAT.) And other taxes, duties, taxes and handling charges, which are possibly to impact the price. As far as they are known to us at the time of order or should be known, unless on the website to the contrary is explicitly stated. By authorities or by applicable law imposed special fees - excluding VAT - can be shown separately on an invoice, but must not.

Prices are plus any applicable shipping or transportation costs during transport to the agreed place of delivery within the Territory (Shipping costs are listed on the website).

Occasionally it is possible that about your requirements for a shirt that require special processing and thus may result in a price that is inaccurate. This price basically retains validity. However, we reserve the right to correct the price under the applicable laws and to submit to you a correct offer our products and services, in the event that the price was clearly displayed below the current market price.

2. Payment and contract

Payments shall be made by credit card, PayPal & EPS Online Bank Transfer.

The products offered on the website upload for you only an invitation to make an offer. This means there that you order a product, you agree to a legally binding offer to conclude a purchase contract. You will receive a preliminary confirmation by automated e-mail (order confirmation). However, the contract is not made upon order confirmation. We are free to accept or reject a submitted offer on the website. We are only obligated to fulfill this order and thus have your offer accepted if we have you an order confirmation or you sent the product.

We may without giving any reason refuse to accept orders, or insist on delivery against prepayment or cash on delivery.

BAWAG Bank of Labor and Economic
Account number: 037 100 479 00
Bank code: 14000

IBAN: AT281400003710047900
BIC: BAWAATWW

3. Delivery

3.1. We also manufacture products according to your wishes (especially with our online t-shirt configurator Magic Shirt Box) - therefore only applies to payment by EPS Online Bank Transfer, Paypal or credit card. (see terms; point 2)

Once the invoice is received by us further processed or produced your order, which may take about 5-10 business days to complete - depending on the availability of the textiles.

3.2. Shipping: basically parcel.

Austria:
Duration approximately up to 7 business days (Production & Shipping).
Stock item usually takes 1-2 working days.


Germany:
Outside Austria: Delivery time up to 10 working days. (Production & Shipping).
Stock item usually takes 2-3 business days.


Outside Austria and Germany:

Shipping time up to 14 working days. (Production & Shipping).
Stock item usually takes 3-5 working days.

Will be charged the actual shipping cost.

These are clearly stated in the basket before the actual order.

Even with express delivery with overnight courier, we charge the actual costs of transportation. These are charged separately, since this is a special power that can not be selected directly via the web shop.

Shipping cost AT and DE (up to 3kg):

For Austria: 3,90
For Germany: 5,90

3.3. We are dedicated to meet the delivery periods and dates listed, however we are not liable in relation to you for any delay of delivery of less than 3 weeks. If the shirt can not be delivered within the delivery time stated in order / order confirmation, we will refund you upon request, the purchase price paid.

3.4. Although we endeavor to ensure the availability of the shirts shown on the site, we can not guarantee that at the time of your order, all the shirts in stock. Should we not be able to process your order or fulfill it, we can in an equivalent quality and price (good or service) provide or reject the service without further liability on our part. In this case, we will inform you promptly thereof and refund any payments already paid for the shirt.

4. Transport damage

Please make sure that you get an undamaged package from the post office. If necessary, open in the presence of postal officials. Take no torn or obviously open mission, as you so the post implied the receipt of goods in perfect condition confirm (make a note of doubt in the name of the post office clerk).

5. Widerrufssrecht

PLEASE NOTE: The following right of revocation does not apply to the supply of goods which have been manufactured according to your specifications.

5.1. You can of your contract within 14 days without giving reasons by means of a clear explanation in text form, eg Letter, fax, e-mail, withdrawal form to withdraw. Saturdays, Sundays and Holidays count. The time limit begins after receipt of this instruction in text form, however not before receiving the goods to you (in case of recurring deliveries of similar goods not before receipt of the first partial delivery). To preserve the Wiederrufsfrist sufficient to send the revocation. You can use the included set withdrawal form, but it is not mandatory.

This notice of revocation must be sent to:

Merchzilla.com Simic KG
Kienmayergasse 22
A-1140 Wien

Email: office@merchzilla.com

Download withdrawal form (.docx)- ONLY IN GERMAN

5.2. In case of an effective withdrawal, the mutually received benefits are to be returned within 14 days. We are you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the standard delivery offered by us, favorable), without delay and no later than pay back 14 days from the date on which the notification is received via your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed with something else; in any case you will be charged fees for such repayment.


Can you give us the performance received whole or in part, or only in deteriorated condition (damaged, used, not odor etc) grant, you must obligated to pay compensation. With the release of things this does not apply if the deterioration is exclusively due to their inspection - is due - as it would have been possible for you in business. For a determination by the proper use of the item, you must not have value. Packages for shipment shall be returned at our risk.


You have to bear the direct cost of returning the goods if the delivered goods ordered and if you have not yet paid the consideration or a contractually agreed partial payment at a higher price the thing at the time of cancellation.

Return address:

Merchzilla.com Simic KG
Kienmayergasse 22
A-1140 Wien
 
5.3. The foregoing right of withdrawal does not apply to the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for the return. Except of Withdrawal particular audio or video recordings or software if the delivered data carriers have been unsealed by you, and not in the supply of newspapers, periodicals and magazines.

6. Defects

6.1. You lose all warranty claims for obvious defects, if you notify us of this by not immediately aware of the defect in writing. Sufficient for meeting the deadline is the dispatch on the last day of the deadline (postmark).

6.2. No liability is accepted for any errors in the online shop. Eventually emerging small color differences between pictures and goods supplied are for technical reasons and do not constitute defects.

6.3. When printing, it can in rare cases lead to deviations, as we always aim to provide the most recent version (eg current tour dates, improved designs, etc.). The aforementioned or similar circumstances do not constitute defects.

6.4. There is no liability that are attributable to a breach of the care instructions. Textiles should be washed before wearing, so the technical production residues are eliminated. The T-shirts can be washed at 30 degrees and to the left. All textiles must not be treated in the dryer. Washing instructions that differ from previously related text (eg: possible higher wash temperature) are enclosed with the delivery.

7. rights

You acknowledge by the granting of the order that you, the rights of third parties (copyright, patent, trade marks, know-how, etc) will notice in terms of motives and haftest used for any resulting claims of third parties. Claims against us are expressly excluded. You hold us for any claims you indemnify and have unrestricted use of the property right to ensure. You are in any case obliged to reimburse us for any costs incurred by us in the defense of a claim or a replacement. Of us in the course of the development of contracts or settlement designed motifs remain our intellectual property and may be used only with our consent for other purposes.

8. Privacy Policy

Your data (e-mail, address, telephone and fax numbers, and other information required for addressing, resulting from modern communication techniques, locations, contacts, ordered goods, delivery quantities) from the respective business case for purposes of completion of the contract, in particular for administrative and billing purposes, automatically processed. For technical reasons, it may be required that the data be stored on a server in another company authorized by us.

You give your express consent for us to store only those mentioned in the above paragraph here data from the respective business case and can be transmitted to other companies associated with us in the Group, suppliers or public agencies at home and abroad. Such consent may be revoked at any time in writing or by e-mail.
9. Retention and Storage

9.1. We reserve title to all goods supplied by us until full payment of the invoice amounts plus interest and costs.

You step to us hereby to guarantee their purchase price claim your requirement from a possible resale of reserved goods, even if it has been processed, transformed or combined, from. You are entitled to dispose of the goods subject to retention at resale with deferred purchase price only on the condition that you communicate simultaneously with the resale of the subsequent purchaser of the assignment for security or the assignment in your anmerkst any books of account. Upon request, you have to give us the assigned claims and the debtor thereof and to provide all information and documents required for their debt collection available and to make the third-party debtor of the assignment. In case of seizure or other claim You are obliged to point out our ownership and inform us immediately.

9.2. We are entitled without prejudice to any other legal aids to keep the webshop orders that you have not picked up, at your expense and risk for a reasonable storage fee.

10. Limitation of Liability

Do you have unlimited liability for all personal injury and damage to the product liability law. Otherwise, we are only liable to you, if our behavior is due to intent or gross negligence, in accordance with statutory provisions, however, only up to the amount of the contract value. The liability for slight negligence, compensation for consequential damages, pure asset damages, lost profits, not scored savings, interest losses and damages arising from third party claims against you are excluded.

11. Final Provisions

11.1. You are not authorized to transfer your rights to a third party.

11.2. To contracts resulting from orders that are submitted by you on the Website, and any claim it, find the laws of the Republic of Austria application, and the interpretation thereof in accordance with the laws of the Republic of Austria. The application of the United Nations Convention on the International Sale of Goods (CISG) is expressly excluded. Any statutory rights you have as a consumer under applicable and valid in the country of your residence consumer protection laws are not affected by this choice of law.

If you are a company, a legal entity or a public foundation or due to your seat do not normally fall under the jurisdiction of the Austrian court, our registered office is the place of performance of a closed under these terms and conditions of the contract, and any disputes arising from this contract shall be from competent court in Vienna, Austria decided. We nevertheless reserve the right to take also a corresponding process in a court of general jurisdiction.

11.3. If any part of these terms and conditions found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability itself does not extend to other provisions of these Terms and Conditions. You remain fully effective.

11.4. The failure or delay by a party to insist incumbent upon strict performance of the other party's obligation shall not constitute a waiver of that obligation. The exercise of a right, power or remedy under these terms and conditions, whether these partially or completely prevents the acting party not to further exercise thereof and not to the exercise of other rights, powers or remedies under these Terms.

11.5. This doubt cases are excluded: For late or non-performance of our obligations under these terms and conditions, we can not be held responsible if these late or failure is caused by circumstances beyond our reasonable control. We can in particular not for the problems you have mail account in relation to the Internet or the availability of your email account, or other technical problems are blamed, based on the hardware or software or selected by you Internet Service Provider chosen by you.

 

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